The typical co-tenancy clause provides that if occupancy at a shopping center falls below a certain level and/or certain other key tenants close, the tenant gets rent relief and at some point the right to terminate its lease. In the current retail environment, all sophisticated tenants demand some sort of co-tenancy protection. Landlords have generally
Government as Tenant
I was recently in the offices of the FBI Cincinnati Division attending the FBI Citizens’ Academy program, and it made me think about a leasing opportunity (in addition to thinking about what an awesome job our FBI really does and how dedicated and effective are our FBI professionals). The recent economy has resulted in higher vacancies
Mixed Use Centers – How Do You Allocate CAM?
Almost all new build shopping centers are mixed use – they include some combination of office and residential in addition to the retail space. Elizabeth Hamilton, in house Real Estate Counsel at Office Depot, recently reminded me of the special problem this presents in allocating CAM, taxes and insurance. Some portion of each must be
MORE SNDA THOUGHTS….
An interesting situation has come up several times just recently (these issues come in droves – after never confronting the issue for a really long time, all of a sudden you get the same issue coming up again and again):
- Tenant relocates to new space in the same center;
- Landlord and Tenant amend existing lease
Know Your Terminology Before Negotiating a Lease
When a prospective tenant speaks to a landlord about leasing space, one of the major points of discussion is usually the amount of square footage to be leased. The tenant will naturally need to rent sufficient space for the operation of its business, and the parties will often base the rent and common expense charges upon
Reinventing Retail?
Recently, David Birdsall, Chief Development Officer for Phillips Edison, spoke to a group of real estate industry executives about the state of the retail industry and its impact on retail real estate. Dave believes we are at the dawn of a new/old retail era. Dave showed how the internet is changing how consumers shop and will
Creative Leasing
Vacancy rates are up; occupancy rates are down. This spells opportunity for tenants and challenges for landlords. The instinct which once prevailed in the real estate industry was to "go for the jugular" and cut the best deal you possibly can. But real estate professionals know that today’s "tenant market" will become tomorrow’s "landlord
It’s The Economy Again Stupid.
So by now you’ve been to at least three conferences which tell you the economy has hit the bottom, it’s a U curve, 2010 will still be slow with savings and not consumption being the key characteristic, 2011 is a comeback year, but real estate will never get back to the boom boom days of
Is it a Sign of the Times?
The following clause was in a first draft of a lease I recently reviewed for a client in the boilerplate provisions at the end under the heading “Mediation.” It is reproduced here verbatim (not kidding):
“If a dispute arises out of or relates to this Lease, or the breach thereof, and if the dispute cannot
Retail Developer, Investor, Lender and Retailer Must Read
In October, 2009 Morgan Stanley published its Mall and Lifestyle Center Handbook. (Special thanks to Stephen Baumgarten, Senior Vice President Wealth Advisor Morgan Stanley Smith Barney Beachwood, Ohio for sharing the handbook with us). The handbook is a must read for all retail developers, lenders, investors and retailers to understand the market forces impacting shopping