Retail leasing terms to look out for.

As the title says, what are some important terms that you'd recommend looking out for a retail lease?

Our team is about to start DD on neighborhood center, with an anchors and in-line tenants. This is my first time doing a true retail property like this and, due to my lack of experience, I'm curious if there are any key terms that differ from office leases.

I've worked on a couple mixed-use projects, but I'm under the impression that anchored retail is a different ball game than your average/small retail tenants. 

Thanks, I appreciate you guys!

6 Comments
 

Here are some off the top of my head. Some may overlap, but just listing off

  • Co-Tenancy requirements are a big one.
  • Kick-Out / Termination Clauses.
  • Exclusive Use clauses in leases with associated remedies. These could trigger co-tenancy & kick out issues.
  • Of course you've got environmental concerns, particularly for gas stations and dry cleaners.
  • Understanding any plumbing issues & grease trap requirements for restaurants.
  • Prohibited Use clauses in leases.
  • Restrictions on use if the site was originally purchased from a residential developer.  
 

Not in retail specifically, but another can be extension options (to consider optionality on ownership side and where market rents are now, long term plan for asset). Also, what type of tenants are you targeting, typical percentage rent structure in your market for big box retail and smaller tenants. Looking at nearby centers to target optimal mix and specific tenants. Synergies between retailers.

Go dark provisions, to the last point don't want a dilapidated, vacant retail center. 

Candidly to me, seems a lot of neighborhood centers have the same thing (grocery store, pharmacy type use, small retailers, food) the biggest differentiator is upkeep of property. 

 
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