Overview
We represent both landlords and tenants in office, industrial, retail (including national publicly-traded “big box” retail tenants), restaurant and cinema lease negotiations for space or land in connection with multi-tenant buildings, single-user premises, office buildings, industrial parks, shopping centers, regional shopping centers, strip centers, power centers, malls and mixed-use projects. Lease structures include build-to-suit leases, ground leases and subleases.
We have extensive experience representing owners and tenants of significant office buildings. We also have particular familiarity advising clients in the pharmaceutical and life sciences industries, including for profit businesses and private educational institutions, leasing both laboratory and pharma processing facilities.
Our industrial leasing experience includes representation of landlords and tenants in connection with distribution, freight-forwarding, storage, warehousing, and related manufacturing, office, showroom and administrative uses, involving premises of various sizes, uses, industries and lease structures, from small warehouse properties to buildings containing 1 million square feet.
Range of Services
- Drafting and negotiating new leases
- Multi-tenant and single-user leases
- Triple Net (NNN) and gross rent leases
- Subleases
- Sale and leasebacks
- Ground leases
- Build to suit leases
- Lease amendments for relocation, downsize, expansion, extension, remodeling and other modifications
- Waivers of use restrictions and prohibited uses
- Assignment of leases
- Lease termination and surrender agreements
- Ancillary lease documents
- Subordination, Non-Disturbance and Attornment Agreements (SNDAs)
- Tenant estoppel certificates
- Memoranda of leases
- Guaranties
- REAs
- Restrictive covenants
- Landlord consents to subleases and assignments
- Master lessor recognition agreements for subtenants
- Letters of credit
- Leasing aspects of corporate merger and acquisition transactions and sale and leaseback transactions, including transactions involving multistate properties.
Notable Matters
- Have represented national office supply retailer for over twenty years. As primary outside real estate counsel, work closely with the retailer’s real estate and legal teams to complete a voluminous amount of complex real estate matters, including various leasing and sales transactions.
- Have represented one of the largest plasmapheresis company in the world for over twenty years in its nationwide leasing of plasma collection centers, logistics centers and laboratory space located in multi-tenant shopping centers or stand-alone buildings around the country. Due to the nature of the blood plasma collection industry and the client’s business operations, which is highly regulated by governmental agencies such as the FDA, the leases involve unique concepts. The client requires sterile, watertight conditions, secured areas and parking requirements that, in turn, require specific treatment in their leases. Donor centers require a multi-million dollar investment by the client and multiple years to reach full operational capacity and maximum revenue generation. Due to this significant monetary and time investment, the lease and related documents such as easements and subordination, non-disturbance and attornment agreements with the landlord’s lenders are critical and heavily negotiated.
- Represent luxury movie theater chain in connection with its mission-critical nationwide leasing for its cinemas. The prototypical theatre is a high-end operation and contains eight to 12 screens with a bar (and sometimes a restaurant). These movie theatre leases are very complex and involve almost every issue relating to retail, restaurant and movie theatre leasing, including development of the project, delivery condition of the leased premises, and operational issues such as access, parking, valet, liquor license, continuous use, and use restriction issues. Other issues involve percentage rent, gross sales, co-tenancy requirements, exclusive use violations, allocation of repair and maintenance obligations, default remedies and other retail and restaurant use issues.
- Represented owner, as landlord, of 29+/- properties in Naples, Florida, in connection with the leasing work for the properties, including retail, office, executive suites, and restaurant spaces for a wide variety of industries. Tenants range from individuals to national entities.
