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Allen Matkins - Shopping Center & Retail
Shopping
Center & Retail
Shopping Center & Retail Update - March 2009
From our firm's
inception, a cornerstone of Allen Matkins' practice has been
our involvement in shopping center projects. We represent clients
in the acquisition, development, leasing, financing, management
and disposition of a wide spectrum of retail and entertainment
projects. Attorneys in our Shopping Center & Retail Practice Group represent a large number
of national and local shopping center developers and owners, some
of the industry's premier retail anchor tenants and chain retailers,
and local and national asset management companies. Our attorneys
have specialized knowledge of the unique issues associated with
the development, redevelopment, leasing, construction, financing,
management and sale of regional and super regional malls, power
centers, entertainment and specialty centers, mixed-use centers
(including theme projects, casino/hotel/retail projects and tourist
attractions), community and neighborhood shopping centers, and stand-alone
sites. Our retail clients have found that our understanding of the
market-driven aspects of shopping center transactions and the substantial
breadth of experience of the Shopping Center & Retail Practice Group
in representing
large numbers of retail tenants, retail developers/landlords and
lenders enable us to complete their transactions in the most timely,
cost-effective manner. Areas in which our Shopping Center & Retail
Practice Group has an extraordinary level of expertise include
the following:
Regional
Malls
Our extensive
experience with every aspect of regional and super regional mall
documentation, including department store agreements, operations
agreements, shopping center reciprocal easement agreements, and
financing and loan documents, make us a valuable member of our client's
project team.
Entertainment/Specialty
Projects
Our entertainment
retail practice is largely dedicated to the development and leasing
of shopping centers anchored by multi-plex theaters, specialty retail
users and restaurants and other entertainment uses.
National
& Regional Tenant Representation
Attorneys in
our Shopping Center & Retail Practice Group represent some of the most successful
retailers in the United States, some of whom are the largest as
well. These sophisticated retailers rely on our expertise and ability
to negotiate high quality shopping center documents: leases, purchase
and sale agreements, CC&Rs, reciprocal easement agreements,
and development agreements, among others, often on a fast track
basis in order to gain competitive advantage to new sites. New store
openings are a major concentration of our work; however, we also
devote much of our efforts towards assisting our retail clients
in other aspects of their real estate programs, including dispositions
of excess properties, expansions, remodels, landlord-tenant disputes
and lease buyouts. For some of our larger retail anchor and destination
tenants who are acquiring large land holdings for their own portfolios,
we bring our tremendous development expertise in land use entitlement,
public finance and construction law to create additional value to
their real estate holdings.
Shopping
Center Landlord Representation
For our mall landlord clients, we have repeatedly negotiated
transactions against many of the major department store chains
such as J.C. Penney, Sears, Nordstrom, Dillards, Macy's, May
Company, Mervyn's and Broadway Federated. For power center and
community center shopping center owners, we have handled numerous
repeat transactions with retail giants including Lowe's, Inc.,
Home Expo and Target. Our practical experience in negotiating
against these retailers, and the relationship we have developed
with them as a result, gives us the ability to assist our clients
in closing their lease transactions more quickly and efficiently.
We have also represented large shopping center owners in connection
with bankruptcies of major anchor tenants, and in restructuring
the debts of such tenants in Chapter 11 cases, as well as replacement
of non-performing tenants. As a result of our work, we have played
an integral role in the transformation of several shopping centers
into viable centers with synergistic anchors.
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