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Overview

Cox Castles’ commercial leasing experts have unparalleled experience in all facets of office, industrial, retail, mixed-use, build-to-suit and ground leasing throughout the country. Our firm is recognized as one of the industry’s foremost commercial leasing practices in the western U.S.

Our attorneys handle all aspects of the landlord/tenant relationship, including structuring, negotiating and documenting all types of leases and ancillary documentation related to commercial leasing and asset and property management. Our business-oriented approach weaves our clients’ business considerations into deal strategies. We have both depth of knowledge and experience to handle routine and complex transactions in a timely, thorough and effective manner.

Office Leasing

We regularly represent landlords and tenants in matters related to office space leasing, encompassing millions of square feet of space annually throughout California, the Pacific Northwest and Arizona and elsewhere throughout the United States. Our practice covers every type and size of commercial lease, from small offices to major corporate headquarters, as well as projects involving additional uses like restaurants, health clubs and support retail or lifestyle amenities in a mixed-use environment. In addition, we review office leases in connection with our representation of lenders and purchasers of major office buildings and projects, having reviewed, analyzed and developed lease documentation for more than 40 million square feet of office and mixed-use product.

Industrial Leasing

We serve as counsel to major industrial developers and industrial corporate tenant users in leases ranging from small, single users to multi-million-square-foot commitments. We have negotiated and drafted leases on behalf of landlords and tenants for millions of square feet of industrial space in single- and multi-tenant industrial projects, including warehouse and distribution/logistics centers, cold storage facilities and data centers. We appreciate and are fluent in issues particular to the industrial arena, which often include hazardous materials, back-up and specialty equipment, along with maintenance, repair and replacement issues.

Retail and Mixed-Use Project Leasing

We have extensive and unique experience negotiating and documenting all types of retail and mixed-use retail leases. We have successfully completed countless transactions with many national and regional operator tenants, including nearly all big-box, major power center and neighborhood center tenants, as well as most regional mall and entertainment/lifestyle center tenants, including health club, restaurant, cinema and other specialty operators. Our familiarity with these national and regional tenants, and our understanding of the fundamental needs of clients that operate in the retail world, allows us to complete retail and mixed-use leasing transactions in a manner unparalleled in its thoroughness, expediency and cost efficiency.

Ground Leasing

Our attorneys are experts in structuring sophisticated ground leases, which are increasingly used as an alternative structure to the sale, acquisition or traditional financing of commercial real estate. A ground lease can provide stable, long-term income for the ground lessor, while retaining value upon expiration of the term of the ground lease. Conversely, a ground lease can avoid the transactional cost of land acquisition by the ground lessee while acting as a financing tool in its capital stack.

Our attorneys have deep knowledge and understanding of the nuances and complexities inherent to ground leases and how they differ from conventional commercial leases. Tapping into our significant real estate and finance experience, we structure and position ground leases so they can be insured by a title company, sold to qualified buyers upon disposition or assignment and financed by all available capital sources.

We stay abreast and on the cutting edge of lender and rating agency requirements and trends, developing our subject matter expertise by negotiating directly with lenders and other investors in ground lease transactions. Our attorneys are particularly skilled at negotiating long-term development ground leases for our clients for individual projects and large-scale master plans, as well as public-private developments with ground lease components opposite public agencies and similar institutions, including public hospital and university systems, and cities, counties and other governmental agencies with large land holdings.

Experience

  • Represented a developer of multi-building office campus, including negotiation of land purchase agreement, entitlement agreements with city, venture agreements with equity partner, loan documentation, construction contract, and office leases.

  • Represented a developer of 1.2 million square foot distribution facility, including negotiation of land purchase agreement, master developer site work agreement, single tenant lease, development management agreement, and construction contract.

  • Represented a publicly traded multi-family REIT in real estate acquisition, disposition, ground lease, and development matters.

  • Represented a developer of mixed-use office, retail, and residential condominium project, including preparation of master project covenants, conditions and restrictions, and negotiation of office and retail leases and loan documentation.

  • Represented a national chain grocery store operator/developer in sale of multi-project portfolio of shopping centers with lease back of anchor grocery store locations.

  • Represented a national food service retail tenant in all leasing and real estate related matters.

  • Represented a regional "big box" retail tenant in all leasing and real estate related matters.

  • Represent one of the world's largest international container transportation, logistics, and terminal companies with respect to their United States commercial office leasing portfolio.

  • Cupertino, CA. Drafted and negotiated a lease with a major computer company for approximately 380,000 rentable square feet of space at Results Way Corporate Park in Cupertino, California.

  • Pasadena, CA. Drafted and negotiated a restaurant lease for approximately 10,000 square feet of rentable space with a national restaurant chain. The process took almost two years and often involved contentious lease negotiations.

  • Hess Winery. Negotiated and drafted the ground lease for this winery with the Christian Brothers that included rights to continued use of the land by the Christian Brothers for retreats.

  • Concar Offices: Negotiated and drafted (for over a year) a ground lease for development of a 200,000 square foot office project in the City of San Mateo. The ground lease incorporated joint venture-type provisions that enabled the landowner to keep its land while giving our developer client the joint venture rewards it expected.

  • Capitol Station, Sacramento. Provided key legal assistance for the pension fund lender in connection with the ongoing structured finance of the infrastructure of this high profile, privately and publicly financed redevelopment of a key district of Sacramento, including negotiation of loan amendments, intercreditor provisions in public grant documents, and sale of key affordable housing components. Represented lender in foreclosure of the loan and sale of the development project as REO to new Sacramento development entity.

  • Represented a regional landlord in the single-tenant lease of a 486,000 square foot industrial building in Irwindale, California.

  • Represented a regional landlord in the lease of a 105,000 square foot cold-storage industrial facility in Salt Lake City, Utah.

  • Represented a regional landlord in the lease of a 240,000 square foot single-tenant industrial building in Ontario, California.

  • Represented a regional landlord in the lease of approximately 200,000 square feet of headquarters office space in Irvine, California.

  • Represented a national, institutional landlord in the lease of 65,000 square feet of headquarters office space in San Diego, California.

  • Represented a regional landlord in the lease of a 132,000 square foot single-tenant office building in Irvine, California.

  • Represented a regional landlord in the lease of a 137,000 square foot single-tenant office building in Phoenix, Arizona.

  • Represented a regional landlord in the lease of an 82,000 square foot low-rise office space in Irvine, California.

  • Represented a regional landlord in the lease of a 120,000 regional headquarters office space in Irvine, California.

  • Represented a regional landlord in the lease of a 31,000 square foot single-tenant low-rise office building and lease of a 16,000 square foot space in an adjacent multi-tenant office building in Denver, Colorado.

  • Represented a national, institutional landlord in the lease of a 11,500 square foot law firm office space in a downtown Los Angeles high-rise.

  • Represented a regional landlord in the lease of a 55,000 square foot office and industrial mixed-use space in Seattle, Washington.

  • Represented a major Southern California retail developer in connection with over 750,000 square feet of retail leasing in the Western United States. Continue to represent the developer in connection with all of it leasing transactions.

  • Represented the developer in connection with the acquisition of 55 acres of land in Northern California. Represented the same developer in connection with the sale of a portion of the land to Target (which involved the negotiation of a Purchase Agreement, Reciprocal Easement Agreement and Development Agreement, and the sale of a portion of the land to a multi-family developer (which also involved the negotiation of an Agreement of Covenants, Conditions and Restrictions and Grants of Easements)).

  • Represented the developer in connection with the approximately $100 million acquisition of an existing shopping center in Oregon containing approximately 660 thousand square feet of retail space.

  • 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 the developer in connection with the acquisition of raw land in Northern California for approximately $80 million and the subsequent development and leasing of the what is now an approximately 500,000 square foot Target-anchored shopping center.

  • Represented the developer in connection with the disposition of a 50% interest in a major regional mall in Southern California and the negotiation of a related joint venture and property management agreement.

  • Represented office developers and office tenants in the leasing of over 500,000 square feet of office space.

  • Represented a major Southern California retail developer in connection with over 500,000 square feet of retail leasing in the Inland Empire. Continue to represent the developer in connection numerous of its leasing transactions.

  • Represents a major Southern California luxury retail, hospitality and residential developer in connection with nearly all of its retail leasing and development transactions for several of the highest-profile projects in Southern California.

  • 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 a major Southern California retail developer in connection with the acquisition and disposition of retail developments in California valued at $500 million. Continue to represent the developer in connection with a substantial number of its acquisitions and dispositions.

  • Represented the developer in connection with the approximately $100 million disposition of a retail project in Northern California.

  • Represented the developer in connection with all documents required in connection with the development of a Target/Lowe's-anchored shopping center in Southern California.

  • Represented the developer in connection with the approximately $50 million disposition of a retail/commercial project in Northern California.

  • Represented the developer in connection with the approximately $10 million disposition of a master ground leased retail/commercial project in Northern California.

  • Represented the developer in connection with the approximately $9 million acquisition of land for the construction of an office building and multi-family housing units in Northern California.

  • Represented the developer in connection with the acquisition of an existing lifestyle shopping center in Northern California containing approximately 100,000 square feet of retail space. Also assisted in the subsequent leasing of the shopping center.

  • Represented the developer in connection with the sale and acquisition of numerous unimproved properties in the Central Valley of California for the development of approximately 10 shopping centers. Assisting in the development and leasing of all of the shopping centers.

  • 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 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 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).

  • 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.

  • 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.

  • Represents a major Southern California luxury retail, hospitality and residential developer in connection with nearly all of its retail, office and commercial development transactions for several of the highest-profile projects in Southern California. This representation has been ongoing for over 20 years and includes negotiating leases with significant retailers, such as Amazon, Nike, Apple, Chanel, Erewhon and Coach.

  • Represented a developer/owner in connection with the leasing and redevelopment of Triangle Square retail/entertainment center in Costa Mesa, California.

  • Represented a developer in the development of mixed-use apartment/retail project, including negotiation of French 75 lease as anchor tenant.

  • Represented a regional landlord in connection with office, retail and industrial projects in Northern and Southern California.

  • Represented a national landlord in connection with office projects and buildings located in Chicago, Boston, New York City, and Southfield, Michigan.

  • Represented a REIT in connection with a $10 million term loan secured by borrower's ground lease interest located in Long Beach, California.

  • Represented a REIT in connection with a $35 million term loan secured by property located in Burbank, California.

  • Negotiated numerous commercial lease agreements for one of California's largest privately held real estate investment company and master planner for their portfolio of high-end shopping centers in Southern California.

  • Represented a Fortune 500 company's expanding network of communication sites, retail stores, and offices in California and other Western states.

  • Represented a purchaser in acquisition and financing for a 1.4 million square foot office and industrial project adjacent to the Hawthorne Airport in the City of Hawthorne, California.

  • Developed form "green" lease for a LEED certified office building in San Francisco, California.

  • Represented a full service real estate investment and management company in the leasing of a diverse portfolio of office and industrial properties in the Pacific Northwest.

  • Ongoing representation of a developer of over 2.5 million square feet of shopping centers, in substantially all leases transactions.

  • Completed leases with numerous national and regional retail tenants, including Target, Wal-Mart, Best Buy, Lowe's Home Improvement, Home Depot, Bed Bath & Beyond, Barnes & Noble, Petsmart, Kohl's, Ross Dress for Less, Vons, Ralphs, Whole Foods, Staples, Office Depot, OfficeMax, L.A. Fitness, Regal Cinemas, AMC Theatres, HomeGoods, Toys R Us, Babies R Us, and buybuy Baby.

  • Represented a major retail tenant in the lease of a 750,000 square foot distribution facility in Mira Loma, California.

  • Represented the owners of 400,000 square foot shopping center and adjacent undeveloped parcels in the negotiation of joint venture agreements and sale of limited liability company interests to a national real estate investment trust in a transaction valued at over $220 million.

  • Represented a developer in the negotiation of Disposition and Development Agreement for the redevelopment of a 270,000 square foot shopping center in the City of Anaheim, California.

  • Ongoing representation of an owner of over 70 retail properties, totaling in excess of 10 million square feet in the Western United States, in substantially all lease transactions.

  • Prepared commercial CC&R's for numerous shopping center, office, and industrial properties.

  • Represented owners and developers in numerous construction contracts and architects agreements for shopping center, office, and industrial properties.

  • Represented the developer in the leasing of a high-end lifestyle center in North San Diego County containing approximately 450,000 square feet.

  • Represented a developer with the ground leasing of raw land in Palm Springs and the subsequent leasing of approximately 150,000 square feet in what is now a neighborhood shopping center.

  • Represented a developer with the acquisition of an existing neighborhood shopping center in Central California containing approximately 300,000 square feet of retail space. Also assisted in the subsequent leasing at the center.

  • Represented a developer with the acquisition of raw land in Southern California and the subsequent leasing of the majority of what is now an approximately 730,000 square foot power center.

  • Represented the developer in the acquisition and subsequent leasing of a power center in Oregon containing approximately 660,000 square feet of retail space.

  • Represented the developer in the acquisition and subsequent leasing of an existing neighborhood shopping center in Southern California containing approximately 240,000 square feet.

  • Represented a major retail tenant in connection with the acquisition of real property in Southern California, including related site development agreement and operation and easement agreement.

  • Coordinated subdivision and developed CC&R's and sale documentation and completed sale and lease transactions for two master planned industrial parks in Oxnard, California comprising over 300 acres.

  • Represented a landlord in the lease of a 950,000+ square foot logistics distribution center in Inland Empire, California with total lease consideration in excess of $21 million.

  • Represented a tenant in the lease of 750,000+ square foot industrial warehouse/distribution center lease in Rancho Cucamonga, California with total lease consideration in excess of $15 million.

  • Represented a landlord in the lease of a 150,000+ square foot build-to-suit cold storage facility in Los Angeles, California.

  • Represented a landlord in the lease of a 130,000+ square foot data center lease for 15 years in Northern California with total lease consideration in excess of $35 million.

  • Represented a purchaser of a 65,000 square foot industrial building in San Diego, California with concurrent lease of building at closing to new industrial user with total consideration of approximately $13 million.

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