Retail & Commercial Development

Retail & Commercial Development

Overview

Cox, Castle & Nicholson possesses unparalleled experience in the field of retail development. The attorneys on our retail team effectively and efficiently handle all aspects of retail development, including complex acquisitions and dispositions of improved and unimproved land, the documentation and negotiation of reciprocal easement, development, construction management and similar agreements, and the negotiation and documentation of complex and routine lease transactions.

Retail And Commercial Development       

We have extensive experience in representing developers in connection with acquiring, developing, constructing, leasing, financing, and disposing of all types of projects including regional malls, entertainment/lifestyle centers, community centers, neighborhood centers, mixed-use projects, office buildings and complexes, and industrial projects. Our attorneys are experts in, among other things, sales and acquisitions, design, engineering and construction contracts, reciprocal easement agreements, development and management agreements, listing agreements, and leasing. When appropriate, our attorneys work closely with the firm's other real estate attorneys who have special expertise in areas such as financing, land use, zoning, environmental matters, insurance coverage and risk management, bankruptcy, tax, and construction law, to provide more comprehensive legal services to our developer clients.

Specialists In Retail Development 

With one of the largest and most complete concentrations of attorneys in California devoted primarily to retail development and leasing, attorneys at Cox, Castle & Nicholson have extensive experience in the negotiation and documentation of all types of retail leases and retail purchase, disposition, and other retail-oriented agreements. Our experience includes the representation of developers for premises within regional malls, entertainment/lifestyle centers, community shopping centers, power centers, and neighborhood shopping centers in a variety of different lease transactions, including build-to-suit leases, reverse build-to-suit leases, pad leases, major tenant leases, and shop leases. In addition, our attorneys have significant experience representing developers in the ground leasing of real estate. Our attorneys also regularly represent developers in the purchase and sale of operating retail properties, as well as raw land.

We have successfully completed transactions (and, in most cases, multiple transactions) with virtually every national and regional tenant, including virtually all big box, major power center, and neighborhood center tenants. Based primarily on our experience and familiarity with virtually all national and regional tenants and our resulting understanding of the fundamental needs of retailers, we are able to complete retail leasing transactions in an incomparable, thorough, expeditious, and cost effective manner.

As the development of a retail center sometimes involves the sale of parcels to department stores, anchor and/or pad-site retailers, we also have extensive experience in the representation of developers and retailers in the sale and acquisition of portions of land within a retail center and the preparation of corresponding purchase and sale agreements, reciprocal easement agreements, development agreements, and other agreements common to the acquisition, development, and construction of retail projects. Such agreements range in complexity from the relatively simple reciprocal easement agreement necessitated by the sale of a pad site within a community center to the exceedingly complex construction, operation, and reciprocal easement agreements used in the development of regional malls.

In addition, certain members of our Team have extensive experience in representing retailers (both large and small) in connection with practically every aspect of leasing and purchasing land for retail operators, from national retailers to regional small shop space operators, health club operators, and restaurants.

Specialists In Office Leasing And Development

Certain members of our Team have extensive experience in structuring, negotiating, and documenting complex office lease transactions.  Our attorneys have successfully completed office leases for clients throughout the West Coast, as well as in other major metropolitan areas of the country, all the while using a client-centric, no-nonsense approach that is supported by our vast market knowledge.  We have represented a broad array of private and institutional investors, including publicly traded REITS, and entrepreneurial individuals and groups.  We also regularly advise clients on real estate issues in the day-to-day management of their office projects.  Our representation has included both highly sophisticated landlords and highly sophisticated tenants, and that experience helps give us a competitive edge in being able to quickly and efficiently understand, analyze and resolve the various challenges that arise on all sides of office leasing transactions.  Our experience spans all types of office users, from single proprietors to a recent transaction involving one of the world’s largest e-commerce companies in an office lease for over 650,000 square feet of space.

Specialists In Industrial Leasing And Development

Our Team members also have substantial experience representing major industrial developers and industrial tenants.  Our clients include some of the largest industrial developers and owners in the Western United States.  We have also represented some of the largest operators of industrial, manufacturing, and distribution center space in the country.  Team attorneys have negotiated and drafted industrial leases on behalf of both landlords and tenants, encompassing millions of square feet of industrial space in multi-tenant, single-tenant and build-to-suit transactions.  Our attorneys are familiar with all of the typical (and atypical) issues that arise in industrial leases, as well as issues such as hazardous materials, deferred maintenance and other issues of particular importance in industrial lease transactions.

Industry Involvement

Our attorneys are actively involved with the International Council of Shopping Centers (ICSC), Association of Corporate Real Estate Executives (ACRE), Building Owners and Managers Association (BOMA), Urban Land Institute (ULI), and other real estate trade organizations which, together with the depth of exposure to all varieties of real estate transactions, has enabled our attorneys to understand our clients' business objectives and the current real estate market. We closely monitor all federal and state legislative and regulatory developments concerning retail, office, and industrial leasing and development issues. We pride ourselves on our ability to keep abreast of and contribute to the rapidly changing legal environment for the real estate development community.

Representative
Matters

Represented the developer in connection with the approximately $100 million acquisition of an existing shopping center in Oregon containing approximately 660 thousand square feet of retail space.

Represented the developer in connection with the approximately $90 million acquisition of land aggregating approximately 62 acres in Mira Mesa, California, which was developed as a shopping center. Involvement also included representation in connection with acquisition of mitigation properties and negotiation and preparation of City reimbursement agreements relating to infrastructure improvements. Prior to (and following) closing, representation included negotiating leases and parcel sales for the shopping center on behalf of the landowner, including leases and sales with national and regional retailers such as The Home Depot, Edward's Cinema's, Albertson's, and Ross Dress For Less.

Represented the developer in connection with the acquisition of raw land in Northern California for approximately $80 million and the subsequent development and leasing of the what is now an approximately 500,000 square foot Target-anchored shopping center.

Represented the developer in connection with the disposition of a 50% interest in a major regional mall in Southern California and the negotiation of a related joint venture and property management agreement.

Represent a significant Southern California landowner and developer of major lifestyle and neighborhood shopping centers in Orange County, California. Representation has included negotiation of numerous major tenant leases, including 24 Hour Fitness, Chick's Sporting Goods, PGA Tour Superstore, and many lifestyle tenants.

Represented the owner of an enclosed regional mall in Southern California containing approximately 1.5 million square feet of floor area. During the time of such representation (approximately 10 years), negotiated all leases and similar transactions relating to this mall. Such representation involved negotiating leases with virtually every national and regional mall and entertainment/lifestyle center tenant.

Represented the owner/manager of an enclosed regional mall in Southern California containing approximately 1.2 million square feet of floor area. During the time of such representation, negotiated all leases and similar transactions relating to this mall.

Represented various developers in connection with major tenant leases and parcel sales (which included reciprocal easement agreements, site development agreements and other related ancillary agreements), including multiple transactions with national and regional discount and other department stores (such as Target, Wal-Mart, Kohl's, JC Penney, and Old Navy), supermarkets (such as Whole Foods, Safeway, and Von's), home improvement superstores (such as Home Depot and Lowe's), home furnishings stores (such as Bed, Bath & Beyond), physical fitness operators (such as 24 Hour Fitness and LA Fitness), sporting goods stores (such as The Sports Authority), and motion picture theatres (such as Regal and Lowe's).

Represented the purchaser of an assemblage of parcels aggregating approximately 22 acres in San Jose, California, which was developed as a shopping center. Prior to (and following) closing, representation included negotiating leases and parcel sales for the shopping center on behalf of the landowner, including leases and sales with national retailers such as Target, Lowe's, Bed, Bath & Beyond, Staples, Old Navy, Cost Plus, PetSmart, Marshalls, Michaels, and Office Depot.

Represented the purchaser of a regional mall in Whittier, California, which was redeveloped as an open air shopping center. Representation included negotiating of an Operation and Easement Agreement with Target, Sears, JC Penney, Mervyn's, and the developer and the negotiation of numerous leases with national and regional operators. Subsequently represented this client in connection with its disposition of the shopping center.

Attorneys &
Paralegals

Name Title City Phone  
Brooks, Scott D. Partner San Francisco 415.262.5110
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Caligari, Gregory B. Partner San Francisco 415.262.5111
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Camara, Mario Partner Los Angeles 310.284.2208
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Caruso, Alex J. Associate Los Angeles 310.284.2284
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Freeman, F. Julian Partner Orange County 949.260.4625
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Glick, Gary A. Partner Los Angeles 310.284.2256
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Goodfried, Marlene D. Partner Los Angeles 310.284.2268
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Grossfeld, Scott L. Partner Los Angeles 310.284.2247
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Kittleson, John Partner Orange County 949.260.4619
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Korenaga, Corin M. Partner Los Angeles 310.284.2224
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Matthews, Jason B. Associate Los Angeles 310.284.2226
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McClanathan, Mark P. Partner Orange County 949.260.4630
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Ouvrier, Andrew M. Partner Los Angeles 310.284.2189
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Stone, Julie Paralegal San Francisco 415.262.5128
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Sykes, Robert J. Partner Orange County 949.260.4640
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Villalpando, Daniel J. Partner Los Angeles 310.284.2278
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Wensley, David W. Partner Orange County 949.260.4634
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Zweig, Jonathan N. Associate Los Angeles 310.284.2182
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