Real Estate Leasing

Our real estate leasing lawyers leverage their depth of knowledge and relationships in the industry to develop solutions that are creative and innovative, and align with our clients’ legal and business goals.

Overview

Our expert team specializes in helping clients with all aspects of commercial real estate leasing transactions and related documents, instruments, agreements, and issues. We have decades-long experience in representing landlords, tenants, investors, developers, and lenders in connection with the leasing of office, retail, and industrial properties. Our practice is national and our clients range from local small businesses to national NYSE-listed companies.

Our clients depend on us to help them coordinate their growth strategies with their leasing activities. We routinely prepare lease forms for commercial landlords, assist both tenants and landlords in review and negotiation of shopping center leases and office leases (including LOI’s), represent clients in build-to-suit lease and development agreements, conduct due diligence on leases, and prepare financing documents for lease-related deals. We also work closely with our litigators in cases where landlord-tenant disputes, brokerage commission disputes, and dispossessory proceedings arise, and in resolving such matters without litigation if a satisfying resolution can be achieved in mutual agreement.

When litigation becomes necessary, our lawyers are well-equipped to handle “breach of lease” defense work on behalf of tenant retailers or pursuing defaulting tenants when representing landlords. Our litigators have handled major lease restructuring matters on behalf of tenants involving the closing of hundreds of stores around the country, and litigated early lease termination cases.

We often serve as our clients’ central advisors for coordinating all the legal work on lease-related matters, including architectural and construction contract review, asbestos remediation, and wetlands and other environmental issues. We are often called on to also coordinate with other professionals, including accountants, engineers, environmental specialists and professional consultants, to make sure that the client’s leasing-related business objectives are met.

We are our clients’ trusted advisors because we don’t just know the law but we are entrenched in the ever-changing dynamics of our industry in order to best achieve our client’s business needs. To stay connected, our attorneys are members and leaders in the International Council of Shopping Centers (ICSC), International Franchise Association (IFA), Urban Land Institute (ULI), and American College of Real Estate Lawyers, as well as real estate-oriented groups within the American Bar Association (ABA) and International Bar Association (IBA). We’re also frequent speakers and presenters at real estate and legal conferences.

Experience

  • Represented Brookfield Properties and prior owner Oliver McMillan Spectrum Emery in connection with a 219,0000 RSF lead-tenant office lease to Alliance Bernstein for premises in a to-be-built building located in the 5th & Broadway project, a large mixed-use project in the heart of Nashville, Tennessee.
  • Represented Trammell Crow Company in connection with a 210,000 RSF lead-tenant office Lease to Insight Global in a to-be-built office Lease to Insight Global in a to-be-built office building known as Twelve 24 located near Perimeter Mall in the Central Perimeter submarket of Atlanta.
  • Represented Six Continents Hotels, Inc. in a 500,000 RSF Office Lease completed May 2015, for premises in the Ravinia Three Building located in the Central Perimeter submarket of Atlanta.
  • Represented Wm. Carter Company in connection with a 225,-000 RSF office lease completed December 2012, for premises in the to-be-built Phipps Tower Building located in the Buckhead submarket of Atlanta.
  • Represented WeWork Company from October 2018 to present in connection with six office leases in 50,000 to 80,000 RSF range for premises in Atlanta, Chicago, Nashville, Tampa and St. Pete.
  • Represented Bennett Thrasher in a 62,500+ RSF office lease completed July, 2015, for premises in the new, to-be-built Riverwood 200 office building in the NW/Vinings submarket of Atlanta.
  • Represented Holder Construction in a 56,000+ RSF office lease completed July, 2015, for premises in the new, to-be-built Riverwood 200 office building in the NW/Vinings submarket of Atlanta.
  • Represented the owner of a regional mall in connection with a potential sale of an anchor parcel subject to a long-term lease, so as to monetize that lease.
  • Represented national retail and restaurant groups in negotiation and drafting of leases for multiple new locations.
  • Representation of national food distribution company in various office and warehouse leases, including 550,000 square foot warehouse lease in Southeast and whole floor office lease in New York City.
  • Representing Noodles & Company, a leading fast casual restaurant chain, currently operating more than 300 company-owned locations, in their continuing national expansion.
  • Represented international owner of enclosed regional shopping malls in the portfolio wide roll-out of a major European fashion anchor tenant.
  • Representing owners and investors in connection with the syndication, financing, acquisition, leasing and disposition of neighborhood shopping centers. Clients include Equinox Group, Stafford Development Company, Alterman Properties, Goddard Development Company and Trammell Crow Company.
  • Representation of national biomedical company in lease of industrial space for research, manufacturing, storage and distribution.
  • Represented owner/developer in the preparation and negotiation of two long-term sports-use anchor tenant leases for to be developed mixed-use project.
  • Representation of fast-expanding national restaurant chain in negotiation of leases across the United States, including negotiation of lease for relocation of corporate headquarters.
  • Served as lead developer counsel for a development in Salina, Kansas, which included the first-ever Tax Increment Financing project completed within the City of Salina.
  • Representing a Fortune 100 national food distribution company as outside North American real estate counsel with regard to all acquisitions, developments, leases and dispositions of real estate in the United States and Canada.
  • From 2007 to present represented KBS and its affiliates on office leases in various buildings in metropolitan Atlanta, including the following: 171 17th Street in the Midtown submarket; Overlook I in the Vinings submarket Great Oaks Center in the Alpharetta submarket; Hartman I and II in the Alpharetta submarket; Overlook I in the NW/Vinings submarket; and Royal Ridge in the Alpharetta submarket.
  • From 2007 to present represented Crocker Partners and its affiliates on office leases in various buildings in metropolitan Atlanta, including the following:  Cumberland Center II in the Vinings submarket; Atlantic Center Plaza in the Midtown submarket; 4151 Ashford Dunwoody Road in the Central Perimeter submarket; Windward Pointe 200 in the Alpharetta submarket; Deerfield Point 100 and 200 in the Alpharetta submarket; Prominence, in the Buckhead submarket; 5775 Glenridge Drive, in the Central Perimeter submarket; and 5900 Windward Parkway in the Alpharetta submarket.
  • Representation of national retailer in negotiation of power center anchor leases in Southeast and mid-Atlantic regions.
  • Representation of regional mall ownership in shopping center redevelopment and expansion in Minnesota, including negotiation of theater anchor lease.
  • Representation of developer in acquisition of multiple building industrial park and subsequent leasing activity in the Southeast.
  • From 2002 to 2010 represented the owner of the Atlantic Station project on office leases in the following buildings:  171 17th Street, 201 17th Street and 271 17th Street in Midtown submarket.
  • Representation of national retailer in negotiation of big box leases in locations across the United States.
  • Represented Costco Wholesale in the acquisition and development of new stores across the Southeast.
  • Representation of national developer in development of 700,000 square foot power center, including negotiation of reciprocal easement agreement and various big box anchor leases.
  • Representing owners/promoters/developers in the structuring of entities with joint venture partners and fund/syndication investors for the acquisition and the development of retail properties.
  • Represented developer/landlord in development of grocery and big box anchored shopping centers including the representation of the Atlanta based Equinox Group and CenterPoint Properties and New York based Goddard Development Partners.
  • Represent owner of 1.1 million square foot multi-use property in connection with all leasing activities, including several leases in excess of 100,000 square feet.
  • Serves as outside general real estate counsel for over 20 national restaurants and franchised concepts, including a nationally franchised fast-casual restaurant concept recently recognized by Forbes Magazine as the number one private company to watch in America, and also including the fastest growing franchise brand in the US in 2018.
  • Serves as a preferred vendor for franchisees of wide variety of multiple regionally and nationally franchised concepts in providing real estate, corporate and franchise counsel, including negotiating leases across all fifty states and Canada for child care systems, health care clinics, restaurants, service providers, fitness facilities and other “Amazon proof” retail brands.
  • Represents group of investors from the Midwestern United States as general counsel for their restaurant and hotel franchise systems.
  • Serves as general outside counsel to a private investment fund actively acquiring multiple retail developments in the Atlanta, Georgia metropolitan area, including two of the largest retail acquisitions in the area during calendar years 2009 and 2012.
  • Represented Carter’s Retail on a one million square foot distribution facility.

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