Culp, Elliott & Carpenter has an established commercial real estate leasing practice, representing clients in sophisticated leasing transactions across the country. We are experienced in representing all parties to lease transactions, including landlords, tenants and lenders, sub landlords and subtenants, and assignors and assignees. Our team practices in all real estate leasing arenas—retail, office, industrial, mixed-use, and long-term ground leases.
We regularly advise clients in the following areas:
- Ground leases
- Build-to-suit leases
- Retail, Office and Industrial leases
- Sale/leaseback agreements
We have recently represented:
- Representation of multiple local landlords in creating form lease for local commercial shopping centers and the negotiation of specific lease terms for various retail, grocery and restaurant tenants, and ongoing lease issues.
- Representation of multiple landlords in preparation of form leases and in interpreting existing leases for several office complexes, including warehouses, business parks, single tenant buildings and “traditional” multi-tenant office buildings.
- Representation of various landlords and tenants in lease workout negotiations and litigation.
- Representation of a local owner/developer including negotiation of lease terms on various Walgreens development sites in North and South Carolina with Walgreens’ legal department.
- Representation of developer of various build-to-suit leases with national restaurant and retail tenants.
- Representation of owner of Charlotte office building in lease preparation and negotiations with various office tenants.
- Representation of retail shopping center owner in preparation and negation of various shopping center leases, including extensive negotiations with Wal-Mart, Fresh Market and Walgreens.
- Tenant representation of multinational Charlotte based service company with leases throughout the United States.
- Representation of real estate developer in sale and multi-property section 1031 exchange of net leased properties replaced with partially completed retail developments including construction bridge financing and permanent conduit non-recourse financing combined with purchase of LLC membership interest for optimal tax consequences.
- Representation of local family limited partnership in multi-phased sale and 1031 exchange of timber land, including partial donation, to allow to convert low basis property to diversified net leased and shopping center properties across the Southeast in a tax free manner, combined with a charitable deduction to use against other income.
- Representation of bankrupt debtors in loan workout and sale of multiple adjacent parcels for a sales price with enough proceeds to repay all secured and unsecured creditors, with substantial profit for owners in a manner to allow owner to defer taxes on gain from sale, including negotiating with lenders, tenants and buyers.