Scott L. Grossfeld

Partner

Overview

Scott's practice focuses on retail development and commercial leasing. He has a comprehensive experience in representing commercial developers in connection with all aspects of shopping center development, including the acquisition and disposition of commercial real estate and the negotiation and drafting of development and management agreements, reciprocal easement agreements, declarations, major tenant leases, listing agreements, property management agreements, and any other agreement common to commercial development.

Scott has extensive experience representing both landlords and tenants in all types of retail, office, and industrial lease transactions. As a result of his years of experience in the retail industry, Scott has represented major shopping center developers in the negotiation of leases against almost every national and regional retailer doing business in the Western United States. He has also worked on every type of shopping center, such as neighborhood, lifestyle and power centers, and regional malls.

He is a frequent lecturer on the subject of retail development and commercial leasing and has spoken at numerous seminars and conferences, including conferences sponsored by the International Conference of Shopping Centers (ICSC) and the California Continuing Education of the Bar (CEB). Scott is also frequently interviewed by the media on issues related to retail and commercial development, is frequently quoted and, over the years, has been responsible for coordinating many panels and presentations on topics relevant to the retail industry.

Representative
Matters

Have actively represented for over 18 years a major Southern California private REIT in connection with nearly all of its new retail development in Northern and Central California, as well as in other Western States, such as Oregon, Nevada, and Arizona. This has involved representing this client in connection with the acquisition and/or development of approximately 25-30 shopping centers in the Northern and Central Valley regions of California, totaling over 15 million square feet. Many of these projects contain major tenants such as Target, Wal Mart, Kohl's, and Home Depot. This representation has also included lease and sale transactions (which regularly involved complicated reciprocal easements, development agreements, and other ancillary agreement documents), as well as leasing for most all other tenants, including shop tenants.

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.

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 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.

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 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 a major Southern California retail developer in connection with the leasing of a major destination lifestyle center in the City of Los Angeles.

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).

Publications &
Speaking Engagements

Recent Publications

The Retail Market In 2013 – Poised For Recovery; Core Fundamentals Are Returning, CCN Retail Perspectives 2013 Forecast, February 2013

Negotiating CAM Caps: Balancing The Interests Of Landlords And Tenants, ABA Real Property Trust And Estate Ereport, February 2013

A Preview Of The Retail Market For 2012 – Cautious Optimism; Some More Of The Same – But Better, CCN Retail Perspectives 2012 Forecast, February 2012

Maximizing Cash Flow Through The Use Of Kiosks And Carts, ALM Commercial Leasing Law & Strategy, November 2011

For The First Time In Three Years, Retail Can Honestly (But Cautiously) Forecast Growth, CCN Retail Perspectives 2011 Forecast, February 2011

Revisiting Our Retailing Forecast For 2009 And What To Expect For 2010, CCN Retail Perspectives 2010 Forecast, February 2010

Negotiating Strategies For Landlords: Handling Rent Modifications In The Current Economic Downturn , CCN Retail Perspectives, 4/16/2009

Effects Of The American Recovery And Reinvestment Act Of 2009 On Retail, CCN Client Alert, 3/5/2009

A Prognosis For The Health And Well Being Of Retailers, CCN Retail Perspectives 2009 Forecast, March 2009

Applying Reciprocal Easement Agreements To Retail Projects, Los Angeles Lawyer Magazine, November 2008

Recent Speaking Engagements

The Nuts And Bolts Of Retail Leases In Today’s Market, LACBA Real Property Section, 3/6/2013

What’s New In The World Of Sales And Percentage Rent?, 2013 ICSC California Retail Leasing Symposium, 2/1/2013

Commercial Real Estate Leases, Law Seminars International, 4/26/2012

Rent Relief Amendments - What Retail And Office Landlords And Tenants Should Consider, LACBA Real Property Section, 5/27/2010

Adjusting To Changes In The Economy – Negotiating Lease Termination And Exit Strategies, LACBA Real Property Section, 3/26/2009

Awards &
Affiliations

Awards & Recognition

  • Southern California Super Lawyers, 2009-2016
  • Southern California Super Lawyers Rising Stars, 2005-2006

Professional Affiliations

  • International Council of Shopping Centers (ICSC)
  • Southern California State Government Relations Chair, International Council of Shopping Centers (ICSC), 2011-present
  • Southern California State Alliance Program Chair (Private Sector), International Council of Shopping Centers (ICSC), 2007-2011
  • Southern California Idea Exchange Program Planning Committee, International Council of Shopping Centers (ICSC), 2011
  • Southern California Program Committee (Local Programs), International Council of Shopping Centers (ICSC), 2004-2007

PRACTICE AREAS

Bar and Court Admissions

  • State Bar of California

Education

  • J.D., University of Southern California, Gould School of Law, 1991, Order of the Coif
  • B.A., University of Michigan, 1988, with distinction