The attorneys of the Commercial Real Estate Practice Group have a broad range of experience in helping clients evaluate both the business and legal issues that affect the real estate industry and are experienced in handling diverse and complex commercial real estate transactions on national, regional and local levels. As appropriate, our lawyers may also work with the firm’s Tax, Environmental, Litigation, Bankruptcy, Corporate, ERISA and Immigration Practice Groups.
Our depth and insight comes from hands-on experience assisting and advising clients in reaching their objectives. Our approach and added value arise out of creative and innovative solutions to industry challenges, understanding our client’s business, as well as the issues, people and institutions that drive the industry and its transactions. Within this framework we work with our clients to expedite, facilitate and achieve successful business outcomes.
Scope of Services
Representative Types of Transactions
Retail Development - The firm regularly represents developers and owners in the acquisition, development, financing and leasing of retail shopping centers. This experience includes the development of power centers for a southeastern based regional shopping center developer, the assemblage of a portfolio of unanchored retail shopping centers for an Atlanta based developer, the development of grocery anchored shopping centers for a northeastern based regional developer and the acquisition and development of locations for a national retailer. As a result of the foregoing and other representation, the firm has extensive experience in the negotiation, preparation and review of acquisition, development, loan and leasing documentation for developers, owners, investors, purchasers and sellers of retail shopping centers. Currently, representation includes trustee of the countries largest retail REITs and handles local and regional developers. Additionally, the firm represents numerous national and regional tenants.
Multifamily - The firm’s extensive experience representing the owners and developers of multifamily apartment communities include: (a) development, acquisition and disposition of all levels of multifamily properties, including Class A, B, and C properties, (b) transactions involving construction and acquisition financing of multifamily properties, and (c) extensive work in representing owners/borrowers in securitized conduit loans. An active member of the Atlanta Apartment Association, in the last five (5) years, the firm has worked on multifamily transactions representing over 20,000 multifamily units throughout the United States, including the development and financing of apartment communities in the Atlantic Station project and Class A apartment communities in the Midtown, Buckhead, Sandy Springs and Dunwoody areas of Atlanta.
Regional/Super Regional Malls - For over 25 years, the firm served as general counsel to Hexalon Real Estate, Inc., an REIT affiliate of Rodamco North America B.V. and its affiliates, until its divestiture. Investments were made through joint ventures with major industry players including The Rouse Company, The Simon Property Group, Westfield Properties as well as through stock acquisitions in operating companies. Among other properties, this client invested in regional and super regional malls across the U.S., including such malls as Perimeter Mall, Atlanta, Georgia; and Garden State Plaza, Paramus, New Jersey. We currently represent an affiliate of one of these companies in the significant expansion of SouthPark Mall in Charlotte, North Carolina.
Office Buildings - The firm represents clients in connection with all aspects of office building ownership, including development, acquisition, financing, brokerage, leasing, management and tax planning. This representation has spanned the United States, including properties in New York such as 743 and 745 Fifth Avenue, and 100 Wall Street; the State Street Bank Building in Boston; One Atlantic Center, the Crowne Pointe Building, the Atlantic Station project and the Riverwood 100 Building in Atlanta; and the Gateway East Building in Los Angeles, for example. This representation currently includes many office, office/warehouse and industrial parks and developments owned and/or managed by numerous national property companies.
Chain-Store or Multi-Unit Retail - The Commercial Real Estate Practice Group represents purchasers and sellers in the acquisition, financing and/or disposition of multi-unit, chain-store retail properties. Such representation has included both asset purchase or sale transactions and stock purchase or sale transactions and, by way of example, has included the acquisition and financing of 110 Mrs. Winner's Chicken and Biscuit stores in 10 states in 1989; the acquisition and financing of over 270 Lee's Famous Recipe stores across the United States and Canada in 1995; and the acquisition and financing of 354 Arby's stores across the United States in 1997. In the 1997 - 2000 period the firm represented various parties in smaller purchases and sales of groups of Arby's stores, Mrs. Winner's Chicken & Biscuit stores, Lee's Famous Recipe stores, Shoney's stores, and Wendy's stores, among other chains, including the sale of over 50 stores in California; the sale of over 20 stores in Texas; and numerous smaller acquisitions and dispositions of groups of less than 20 stores across the United States and Canada. In the aggregate, the Real Estate Practice Group has represented purchasers or sellers in transactions involving over 1,000 multi-unit retail chain-stores in the past 15 years.
Dispute Resolution and Litigation - The Real Estate Litigation Group, having extensive experience in handling dispute resolution and litigation related to real estate matters, works in concert with the firm’s Commercial Real Estate Practice Group. Among other types of disputes, AGG resolves claims related to purchase and sale transactions, property development, financing and leases, dealing with issues such as contract enforcement, damages, defenses, specific performance, trespass, nuisance, landlord remedies, easements, injunctive relief, quiet title actions and declaratory judgment. In addition to court proceedings, AGG seeks dispute resolution for its clients through settlement demands, negotiated agreements, mediation and arbitration.
Environmental - The Environmental Practice Group assists the Commercial Real Estate Practice Group by managing and overseeing the environmental due diligence process. We help clients assess the potential environmental liability of the real estate asset; the likelihood and amount of current or future environmental compliance costs; the quality of environmental management at the property; and the impact of environmental laws/conditions on future budgets and plans for the asset. For real estate assets with identified environmental risks, the Environmental Practice Group consults with the client to help devise and implement a strategy for allocating the risks identified by the environmental due diligence process. This includes drafting and negotiating environmental representations, warranties and indemnities in the acquisition and loan documents, negotiating covenants and restrictions in partnership or joint venture agreements, and pursuing environmental claims against potentially responsible parties and defending such claims against our clients.
Bankruptcy/Foreclosure - The firm represents banks, insurance companies and other institutional investors and lenders in connection with commercial loan enforcement proceedings and loan workouts throughout the country in connection with the foreclosure and/or bankruptcy of hundreds of income producing properties such as apartment complexes, hotels, and office buildings. In representing lenders, we obtain on their behalf relief from the bankruptcy automatic stay to enable them to proceed with foreclosure, negotiate acceptable reorganization or liquidation plans and object to and oppose unacceptable plans. At other times we have represented the property owner or assisted a purchaser in the acquisition of such properties in bankruptcy cases nationwide.
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