- Sutherland

Leasing

Our real estate practice brings us into contact with virtually every kind of commercial real estate activity on a local, regional and national basis and includes all phases of commercial real estate development, investment and finance. Our representation of insurance companies, banks and other institutional lenders, investors and developers has included construction financing, development financing, traditional long-term mortgage financing, subordinate and wrap-around mortgage financing, leasehold and air rights mortgage financing, participating mortgage financing, long-term and short-term leases, sale lease-backs, joint ventures, industrial revenue bond financing and secured indenture financing. Our experience in representing lenders, investors and developers also includes real property litigation, zoning and land use planning, foreclosures, receiverships, bankruptcy problems and creditors' rights generally. We are also involved in planning with respect to the federal income tax consequences of real estate transactions.

Leasing Practice

We have long been a leader in providing high-quality legal services to businesses engaged in leasing transactions, whether as landlord or tenant. We regularly represent landlords and tenants in all types of office, retail and industrial leasing transactions. A summary of our experience is as follows:

Office: We represent a wide variety of landlords in leasing first-class office space, both in Atlanta and elsewhere in the United States. Representative clients include Tishman West Companies, Allegiance Realty (formerly Balcor Companies), Carter & Associates, the Dutch Institutional Holding Company, First American Bank, Vantage Properties and the Travelers Life Insurance Company.

Retail: We have represented a number of developers and owners of shopping centers and are experienced in all aspects of retail leasing matters. For example, we currently represent Ronald deWaal who owns approximately 20 malls and regional shopping centers across the Southeast. In the past, we have represented The Mitchell Company, the Krupp Companies and James F. Sams in the development and leasing of retail shopping centers. We also have extensive experience in representing tenants in retail leases. For example, we represent W H Smith on a nationwide basis in connection with its hotel and airport retail leasing, and Waterstone's Booksellers, W H Smith's retail book division, in connection with certain aspects of its retail operations. We also represent Storehouse, a leading retailer of housewares and furniture.

Warehouse and Industrial: We have substantial experience in representing the owners of warehouses and other industrial properties and are thoroughly familiar with the special issues inherent in the warehouse/industrial leases. Our clients in this area include Pattillo Construction Company, Carter & Associates, Wilma Southeast, The Travelers Life Insurance Company and Vantage Properties.

Other Lease Transactions: We are also experienced in a wide variety of lease transactions such as long term ground leases, mineral, timber and other natural resource leases, master leases of income producing property and leases used in industrial development financing transactions.

Brokerage: We are experienced in all aspects of the lease brokerage business. We understand the issues that arise in the negotiation of commission agreements, particularly in large, complicated transactions. We also regularly represent real estate brokers in brokerage matters.

We are experienced in negotiating and documenting technical legal concepts such as indemnities, waivers of subrogation, subordination provisions, insurance provisions, provisions regarding the assumption of takeover of existing leases, and fire, casualty and condemnation provisions. However, when representing a landlord, our primary focus is on the financial and economic provisions of the lease, such as the CAM and operating expense pass-through provisions, rental escalation clauses and the workletter.

We also understand the intense time pressures often involved in lease transactions and that many lease transactions will not be consummated unless the lease is promptly negotiated and documented. We pride ourselves on our dealmaking attitude and our ability to work with all parties, including the other side's lawyer and broker, in a non-adversarial and cooperative manner so as to achieve an expeditious handling of the lease negotiation and documentation process.

Americans With Disabilities Act

We have substantial knowledge relating to the facilities issues inherent in the Americans with Disabilities Act. Jim Jordan has written and spoken extensively concerning the ADA. Jim has spoken on the ADA at seminars given by the firm for our clients, by the Real Estate Section of the State Bar of Georgia, by two Atlanta-based architectural firms, by two real estate brokerage companies and by the Atlanta Chapter of Commercial Real Estate Women. We take the ADA into account when negotiating and documenting leases, and we regularly counsel our clients concerning compliance with the facilities issues of the ADA.