Retail/Shopping Centers

Strip centers, neighborhood centers, lifestyle centers, and regional malls are in competition for tenants. Some regions of the country are over-stored, such as urban core areas, while others are under-stored. Landlords and tenants negotiate leases in often intense retail atmospheres. Tenants compete with other tenants for space and shoppers. Recent changes to the bankruptcy code have altered exit strategies for tenants and restored the leverage of landlords.

Just as every square foot of a shopping center is integral to its success, each element of the business deal is key. Shopping center developers, tenants, landlords and lenders have looked to Sherin and Lodgen for over 60 years for experienced, sophisticated advice on shopping center developments. Core functional areas of the firm include:

  • Leasing
  • Reciprocal easement agreements
  • Entitlements
  • Easements
  • Prepackaged bankruptcies
  • Due diligence
  • Brownfield development

Our attorneys are frequently invited to speak to the International Council of Shopping Centers (ICSC) and to serve on committees in the National Association of Industrial and Office Properties (NAIOP) and other trade associations focused on the shopping center industry.

From its inception, Sherin and Lodgen has focused on shopping center development. We have been the primary outside real estate counsel to one of the primary supermarket companies in the nation for over 60 years. Shopping center development, management and financing continue to be the primary functions within our real estate and litigation practices.

Our retail practice reaches every player in the retail industry, including but not limited to:

  • Anchor tenants in the supermarket and home improvement industries
  • Junior anchors in the pet supply industry
  • Large REIT’s which own and manage shopping centers
  • Family enterprises which develop, own and manage shopping centers
  • Developers who work either alone or in joint venture arrangements to develop, own and manage shopping centers
  • Property managers with extensive expertise in management of shopping centers
  • Lenders who finance shopping center development with construction and permanent loans

Representative Experience

  • Successful negotiation of literally hundreds of ground leases, build-to-suit leases, pad ground leases and space leases for the development and operation of anchor and junior anchor tenants
  • Due diligence for acquisitions of companies or portfolios of real estate ranging from a dozen locations to over 500 locations
  • Advice and representation for entitlements for hundreds of shopping centers under zoning, highway access, sewage, environmental impact analysis, greenhouse gas impact analysis, traffic impact analysis and the like
  • Multi-party negotiation of reciprocal easement agreements in connection with the development of shopping centers; and
  • Successful litigation of issues related to tenancy or enforcement of rights under leases, easements or other agreements related to shopping center development
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