BartkoZankel handles the full range of real estate matters for clients, including tenants, property owners and commercial developers nationwide. We have extensive experience with real estate financing, ground leasing, retail, industrial, office and outlet leasing, real property acquisitions, commercial and industrial construction projects, environmental assessment analysis, title review, architecture and construction contracts, reciprocal easement agreements, lease restructuring and disposition, operating expense analysis, and tenant-in-common agreements.
We have represented institutional lenders and borrowers in financing office, industrial, retail and residential projects throughout the United States. We have handled all aspects of these transactions, including the drafting and negotiation of loan and loan defeasance documents, preparation of legal opinions involving secured transactions, review of title matters, and due diligence review. Our attorneys handle real estate loan workouts and have represented clients in restructuring loans, including modifications and adjustments of principal balances, with commercial lenders. We maintain relationships with other real estate professionals and can assemble a team of experts to advise financial institutions with respect to troubled loans, REO and loan restructuring when borrowers are in bankruptcy; to serve as asset managers, receivers, and bankruptcy trustees; and to provide litigation support for real estate related litigation involving financial institutions.
We have one of the strongest retail leasing practice groups in the country, representing major retail tenants including Ross Dress For Less, dd's Discount, Gymboree, Janie & Jack, Crazy 8, Levi's, Dockers, Bare Escentuals, DSW Shoes, Gap, Old Navy, and Banana Republic. We represented Wachovia Bank in negotiating leases for new branches as part of Wachovia's West coast expansion. We also represent developers and REITS in office and industrial leases, as well as acquisitions and sales transactions and financings. In addition, we have expertise in industrial, restaurant and non-standard occupancy arrangements.
Recent accomplishments
- Represented The Gymboree Corporation in the negotiation of its new headquarters in San Francisco
- Represented Ross Dress For Less, Inc. in the negotiation of its corporate headquarters
- Negotiated retail leases throughout the U.S. for over 50 million square feet for our retail clients
- Coordinated all legal work for the land use planning, acquisition, financing and development of three regional distribution centers totaling over 3,800,000 square feet for a major publicly held company. Oversaw the land acquisition, financing and planning approval process, including resolving land use and environmental issues, as well as negotiating construction and architectural management contracts, and continuing to assist in the ongoing construction process.
- Represented the landlord for the largest high-rise multimedia building in San Francisco in leasing and telecommunications matters
- Represented Ross Dress For Less, Inc. in the bulk acquisition of 37 retail leases from Albertson's
- Negotiated major industrial warehouse/office lease for a national retailer
- Developed global construction and architect forms for The Gymboree Corporation, Ross Dress For Less, Inc., and DSW
We have experience with the major issues relating to commercial leasing, including the pass-through of operating and capital expenses and costs associated with compliance laws; property tax reassessments and the impact of real property tax issues on lease transactions; the role of the real property secured lender in an owner's leasing program; the consequences of bankruptcy in commercial lease transactions including strategies for both landlords and tenants; the impact of environmental regulations and the presence of hazardous materials on lease transactions; security and premises liability issues; and contractual remedies and unlawful detainer procedures in commercial lease disputes.
Our attorneys include the former chairperson of the San Francisco Real Estate Roundtable, a former director of Commercial Real Estate Women (CREW) San Francisco, a former General Counsel of CB Richard Ellis, two former in house attorneys of Gymboree, and a former Associate General Counsel of the Gap, Inc. Real Estate Law Department. We are active members of the International Council of Shopping Centers (ICSC), the Urban Land Institute (ULI), Building Owners and Managers Association (BOMA), and CREW. Our attorneys have authored many publications relating to commercial leasing, including a leading primer, Negotiating Commercial Real Estate Leases. We have been speakers about retail leasing, reciprocal easement agreements, and purchases and sales agreements at the ICSC Law Conference, the Practicing Law Institute (PLI), CLE International, State Bar of California Education Institute, Commercial Real Estate Institute, the PLI Retail Leasing Conference, and the California Continuing Education of the Bar (CEB).
Transactional Real Estate Attorneys
Transactional Real Estate Articles
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Unique Issues and Major Differences between Retail and Office LeasingThis article, which appeared in the Spring 2004 edition of the California Real Property Law Journal published by the State Bar of California, highlights the key differences in negotiating retail and office leases.
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This article, which appeared in the March 2001 issue of Real Estate Northern California, explores the issue of commercial rental space, assignment of leases and sublets after the dot-com crashes of 2001.
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This article, which appeared in the October 2000 issue of Real Estate Northern California, deals with lease negotiations and their complications brought about by the growth of E-commerce.
