We maintain a strong retail development and leasing practice, with project size ranging from small pad sites and neighborhood centers up to large regional malls and megastores. Our attorneys have extensive experience in retail development, including land acquisition, site selection, land use aspects, and construction issues. We also work on all facets of retail leasing, from both the landlord and the tenant perspective. We have handled leasing for “big box” retailers as well as restaurant, grocery and specialty retailers. We have particular experience in ground leasing and pad site development for developers and restaurant retailers. We are fully conversant on the issues needed for success of retail leasing, including use restrictions, signage rights, tenant exclusives, parking and access, reciprocal easement agreements, and operating covenants.
Mixed-use projects – those containing a combination of office, retail, multi-family and/or hotel or entertainment uses – have become increasingly popular as developers strive to meet market demand for “live-work-play” environments. Within our Real Estate Practice Group, we have lawyers skilled in handling legal matters for mixed-use projects, including leasing, development and construction, land use, finance, organizational structure, management and environmental issues. Our attorneys have worked on mixed-use projects not only within Texas but also elsewhere, including in Florida and California. Mixed-use projects are inherently more complex than other types of commercial projects and thus demand more attention to the unique issues that affect development, operation, management and leasing. Our lawyers appreciate the complexity of these projects and the need to ensure that all the “moving parts” mesh. In addition, we have worked to create or rearrange the ownership structure for mixed-use projects to remove obstacles to financing, improve operational efficiencies, or facilitate a component sale to a third-party buyer.
- Handled all aspects of retail leasing, operations and management of a 190,000 square-foot shopping mall in downtown Houston, Texas, including leases for national retailers such as Walden Books, Starbucks, Jos. A. Bank, and Subway Sandwiches.
- Handled development and leasing for a portfolio of 12 neighborhood and community shopping centers in the greater Houston, Texas area, including negotiating leases with national retailers, and structured the portfolio sale of those centers in a $50 million transaction.
- Represented a national convenience store operator with new store site acquisition and development, including fee acquisition and ground lease and build-to-suit lease transactions. Also handled operational matters as well as lease modifications and extensions.
- Restructured the underlying formation documents of a mixed-use project in West Palm Beach, Florida, comprising first-class office, retail, multi-family and 500-car parking garage, to resolve operational differences when the multi-family component was converted to a condominium.
- Handled leasing work and restructured ownership and allocational provisions in formation documents for a major downtown mixed-use project (office/retail/hotel) in Albuquerque, New Mexico.
- Handled the acquisition of various showroom/warehouse properties near downtown Dallas and subsequent mixed-use redevelopment, including retail, restaurant, multi-family and hotel components. Assisted client with tax increment financing (TIF), formation of public improvement district (PID), replatting and land use issues, joint venture agreements, and construction issues.