transactions

  • The Hoffman Companies
  • Financing and purchase of 60 Temple Place, Boston, MA
  • National Dentex Corporation
  • Public company merger with GeoDigm Corporation
  • Harbar LLC and Built By Nature Group, LLC
  • Industrial development bond financing for major plant expansion

Real Estate Leasing

Overview

A significant portion of Posternak’s real estate practice is devoted to representing landlords and tenants in commercial leasing transactions of every kind and description, including ground leases, master leases, subleases, synthetic leases and leases in sale – leaseback transactions.

“Big box leasing”
We represent both landlords and tenants in this specialized area of commercial leasing involving stores in the 100,000 square foot range.  Our extensive experience in this area has give Posternak a national reputation for quality work with mall developers and their counsel which benefits our clients during lease negotiations.

Our big box tenant clients include a national warehouse club chain, a national home improvement chain and several department store chains.  In addition to negotiating big box leases for existing buildings, we are familiar with “build to suit” and reverse “build to suit” transactions.

On the landlord side, we represent real estate developers and mall owners in the same types of transactions.  Understanding the needs and concerns of both parties to these types of leases gives our clients and us an advantage.

  • Represented a big box tenant in a “build to suit” transaction for an approximately 115,300 square foot store in the central Florida area. Recently, our client decided to buy the completed store and appurtenant land and asked us to represent it in the purchase as well.  The acquisition involved negotiating an agreement with the landlord/seller, which would protect our client’s exclusive uses and other rights from infringement by the other big box tenants, which were negotiating their own leases in the same shopping center.  These multi-party negotiations resulted in a very favorable agreement for our client.

Small store leasing
In addition to representing our developer and mall owner clients in leases with national retail chains, we represent the full spectrum of local and national retail shopping center tenants, as well as restaurant operators, outlet and off-price retailers and medical offices located in shopping centers.

  • We have represented a national personal care items chain in leases for quasi-government operated retail centers at such places as The World Trade Center, Ronald Reagan Airport in Washington, D.C. and The Embarcadero in San Francisco.  This has allowed our real estate attorneys to become very familiar with the particular needs and concerns of retailers in such unique but expanding retail centers.

Other commercial leasing
Posternak’s attorneys have substantial experience representing landlords and tenants in such diverse areas as office leasing, medical center leasing, free standing restaurants, industrial and manufacturing sites, charter schools and other educational sites, and leases with state and local governmental agencies.

  • Represented the New England developers for a Fortune Five Hundred automobile dealership chain in transactions involving ground leases from the owners of the real estate and subleases to the automobile dealerships.  These multi-level/multi-party transactions allow us to bring to bear our knowledge and experience with real estate development as well as leasing and subleasing.
  • As one indication of the respect our attorneys have earned in the leasing area, we just completed lease negotiations for a new law firm in need of office space.

Related Services Areas

Professionals

Frank Aronson

Partner617.973.6132 fax 617.722.4953faronson@pbl.com

Donald Bloch

Of Counsel617.973.6169 fax 617.722.4940dbloch@pbl.com

Kathryn Graber

Partner617.973.6196 fax 617.722.4916kgraber@pbl.com

James Lyle

Partner617.973.6293 fax 617.722.4934jlyle@pbl.com

Jo-Ann Marzullo

Partner617.973.6267 fax 617.722.4935jmarzullo@pbl.com

David Saltiel

Senior Counsel617.973.6246 fax 617.722.4948dsaltiel@pbl.com

Publications

Design & Construction

Christopher Tsouros, March 23, 2017

What You Should Know About Leasing Negotiations

Christopher Tsouros, February 2, 2017

Leasing Considerations for Startups

Christopher Tsouros, January 9, 2017

Tropical Smoothie Café Plots North Carolina Takeover

Business & Employment News Network, Debra Scribner, April 30, 2015

How Can I Possibly Be Liable for A Non-Recourse Loan?

Retail Law Strategist, Jo-Ann Marzullo, September 11, 2014

Keep Mortgage Loan Promises – Or Else

Retail Law Strategist, Jo-Ann Marzullo, December 9, 2013

Beyond Bankruptcy Basics—Practical Advice Regarding Tenant Bankruptcies

Retail Law Strategist , Laura Otenti, June 8, 2012

Hope for the Hole of the Hub

New England Cable News, James Lyle, February 6, 2012

Retail Lease Review Checklist

The Practical Real Estate Lawyer, Jo-Ann Marzullo, March 9, 2011

Changing Strategies to Maximize Landlord Bankruptcy Claims

Retail Law Strategist, Jo-Ann Marzullo, April 15, 2009

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