Cole Schotz P.C.

 

Leasing

OVERVIEW

Drawing upon our representation of landlords and tenants enables us to bring a broader perspective to each transaction. In addition, through our national presence we often have prior experience with various parties and their counsel, which helps expedite the negotiation process and save our clients time and money.

Our involvement in leasing transactions often begins at the initial structuring level and includes drafting and negotiating letters of intent and broker contracts.  As lease reviews and negotiations continue we counsel our clients on both the business and legal issues involved, employing a practical approach and striving to achieve the most favorable resolution for our client.

Our attorneys are actively involved with trade organizations such as the International Council of Shopping Centers (ICSC) and the National Association of Industrial and Office Properties (NAIOP). This involvement, together with the depth of exposure to all varieties of real estate transactions, enables us to understand our clients’ business objectives in relation to the current real estate market. We also monitor federal and state legislative and regulatory developments concerning retail, office, industrial leasing and development issues.

Retail Leasing
Our retail leasing work has earned us a prominent national reputation. We regularly represent both publicly traded and privately held owners of regional malls, power centers, entertainment/lifestyle centers, community shopping centers, neighborhood shopping centers and mixed-use projects, often involving national retailers as tenants. 

We have experience in a wide variety of lease transactions, including build-to-suit leases, reverse build-to-suit leases, pad leases, major tenant leases and shop leases. We also have significant experience representing both developers and national and local retailers in ground lease transactions. 

We have represented landlords on numerous retail and mixed-use projects, many involving “big box,” major power center and neighborhood center tenants and various tenants commonly found in regional mall and entertainment/lifestyle centers. Since retail leasing often involves the development of a shopping center, we also have extensive experience negotiating corresponding reciprocal easement agreements, development agreements, maintenance agreements and other agreements common to such transactions.

Office Leasing
We have represented landlords and tenants in leasing transactions for a variety of space requirements throughout the country, from partial space in multi-tenant buildings to leases of entire buildings for a client’s headquarters.  Our experience includes negotiation of triple-net leases to more complex leases contemplating specialized tenant fit-ups and associated rent credits or landlord contributions.  We recognize that different approaches may be required for different tenants – an element that works for a publishing company may not be appropriate for a medical practice group. We also have counseled landlords in negotiating leasing and property management agreements with outside contractors. In addition to landlords and tenants, we also represent real estate brokerage companies and individual brokers with respect to various matters, including brokerage commission agreements. 

Industrial Leasing
We have substantial experience representing national and regional developers and tenants in leasing transactions for warehouse, distribution, manufacturing and “flex” spaces and are keenly aware of issues that arise in industrial lease transactions, such as hazardous materials use and storage, and railroad use and access.

PROFESSIONALS

Attorneys