First Quarter 2000

The Retail Industry in 2000

Holland & Knight Newsletter
Janis Boyarsky Schiff

Welcome to the second annual Retail Edition of Property Writes. The retail real estate market continues to be strong and we at Holland & Knight continue to work actively in this industry.

The neighborhood shopping center remains a strong product in the market. Attorneys in our retail development group have represented landlords in leasing transactions with Food Lion, Safeway Giant Food, Harris Teeter and many other similar anchor food stores this year. Experts following this product type predict continued growth especially in the renovation and upgrading of existing, outdated centers.

"Street retail" projects have proliferated significantly throughout the country in the past year and we are enjoying our involvement with this innovative retail concept. This new area of retail development offers new challenges and opportunities, including the ability to work with cutting-edge tenants such as the Gap, the Limited, Old Navy, Abercrombie & Fitch, Borders, Crate & Barrel, Talbot's, and Sephora. These projects include a variety of restaurants and "destination"-type retailers as well as entertainment and service components.

Power centers continue as a significant product line for many of our retail developer clients. While the financial experts are not "high" on power centers, we continue to be actively involved in the development and renovation of major power centers throughout the country. Movie theaters and entertainment concepts are being integrated into power centers to add interest and stability to these projects. Attorneys from our retail development group represent owners in their deals with several of the major theater chains, including AMC, Regal, Hoyt and Century.

Perhaps the greatest growth area in retail development this year is urban development and redevelopment. In several markets throughout the country local tax incentives and governmental regulations have spurred new activity in urban areas. We are involved with several of these projects, including projects in the Washington, D.C., market. Working with our tax exempt bond attorneys, we have helped advise our clients on how to structure their involvement in these projects and we continue to counsel our landlord and tenant clients in their efforts to lease and finance them.

Mixed use projects, regional malls and restaurant parks are examples of other types of retail developments that we are working on this year.

Holland & Knight's retail development group now has attorneys in Chicago, San Francisco, New York, Atlanta and Boston, including our significant presence in Washington, Tampa, Orlando and Fort Lauderdale to advise and counsel clients involved in all aspects of retail development. The articles in this annual retail edition of Property Writes address a broad variety of issues relating to retail development including bankruptcy, CAM charges, and leasehold mortgages. We hope you enjoy these articles and find them helpful to you in your business operations.

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