Stand-alone retail development is largely a thing of the past. Today, mixed-use development – retail combined with residential, office or hotel development – is the norm. In this highly complex deal and financing environment, you need lawyers who understand the big picture as well as each of the pieces that compose it.
Baker Donelson's Retail and Mixed Use Group advises clients on mixed-use development projects throughout the United States. We have advised clients in the development of lifestyle centers, power centers, main street developments and mixed-use projects in multiple phases and locations throughout the United States.
Our team is composed of nearly 20 lawyers who focus on retail and mixed-use development. We collaborate closely with lawyers in Baker Donelson's real estate, corporate, tax, hospitality, environmental, construction, public policy and public finance teams.
Our experience encompasses all aspects of the mixed-use development lifecycle, including:
Acquisition. Lawyers on our team advise on negotiation and documentation of acquisition, assemblage of properties, due diligence, zoning and land use planning, title, survey and geotechnical issues, environmental and wetlands issues, subdivision/resubdivision and platting, water rights, economic development incentives and financial assistance agreements.
Development/Leasing. We counsel clients regarding consultant agreements, site development agreements, master declaration of covenants and restrictions (OEA, ECCR, COREA, REA), condominium formation, big box developments, department store and anchor tenant transactions, negotiation of construction contracts, in-line store and restaurant leasing, and outlot and pad sales and leases.
Operations. From management agreements, lease enforcement and tenant bankruptcy to eminent domain, and property management/first amendment issues, we advise on a full array of operational issues.
Financing/Equity/Structured Financing. We provide counsel regarding all types of financing including acquisition, ground lease, mezzanine, permanent, joint venture/capital markets and public private partnerships. We have deep experience assembling the complex, multi-party arrangements which mixed use developments require – including capital stacks with equity promotes, institutional investors, local incentives, tax-increment financing and tax credits.
Disposition/Redevelopment/Expansion. Attorneys in our group advise on a variety of strategies for expansion, redevelopment or disposition of mixed-use developments.