Complete Guide To Shopping Center Management

Table of Contents

CHAPTER 1: ATTRACTING & SCREENING TENANTS

• Think Twice Before Rewarding Tenants for Referrals
• Use Cold Calling Tips to Attract Prospects
• Provide Leasing Staff with Details about Your Center
• How to Use Demographics to Attract Prospects
• Survey Tenants to Find Out Whether Their Needs Are Being Met
• Homeowners Can Cause More Conflicts than Renters at Mixed-Use Developments
• Be Careful When Choosing Ground-Floor Retail Tenants

 CHAPTER 2: SPECIALTY LEASING

• How to Find Temporary Tenants
• Help Temporary Tenants by Giving Business Tips
• Set Special Operating Rules to Control Temporary Tenants

 CHAPTER 3: ATTRACTING SHOPPERS

• E-Mail Marketing Gets Hit with Tough Restrictions
• Attract Teen Shoppers to Your Center with 'Teen Zone'
• Attract Senior Shoppers with Mall Walker Program
• Boost Traffic and Sales by Getting Volunteers to Market Your Center
• Keep, Attract Shoppers with Shopper Loyalty Program
• Host Community Events to Increase Sales and Goodwill for Your Center
• Conduct Shopper Surveys to Improve Your Center
• Set Up Mall Walker Program for New Mothers
• Attract Shoppers with Mall-Wide Gift Registry
• Seven Tips for Getting Tenants Involved in Center's Marketing Efforts
• Managers Use Technology to Drive Traffic
• Get Tenants' Help in Making Good Impression during Holiday Season
• Q&A: Opening Center Later in Day

 CHAPTER 4: ADDITIONAL INCOME SOURCES

• Get Hard Cash by Selling Soft Drinks at Your Center
• Make Money with Advertising on Center's Directories
• Earn Extra Revenue by Renting Roof Space to Telecoms
• How to Cut Risks When Letting Production Company Film at Your Center   

CHAPTER 5: LEASE ENFORCEMENT

• Track Key Lease Dates and Deadlines
• Remind Tenants of Your Center's Door-to-Door Solicitation Policy
• Get Tenant to Keep Dumpster Area Clean
• Inspect Your Tenants' Storefronts
• Six Rerenting Steps for Getting Full Damages from Abandoning Tenant
• How to Discourage Chronic Lease Violators
• Get Tenants to Sign Lender-Requested Lease Amendments
• Make Tenant Comply with Signage Requirements
• Require Restaurant Tenant to Stick to Its Menu Items
• Respond to Odor Complaints Quickly and Effectively
• Make Tenant Satisfy Mechanic's Lien
• Make Restaurant Tenant Address Rooftop Grease Problem
• Get Restaurant Tenant to Control Unruly Queues and Crowds
• Protect Right to Enforce Remedies against Chronic Lease Violator
• Cut Down on Tenant's Merchandise 'Creeping' into Common Areas
• Get Tenants to Make Payments to Marketing Fund
• Avoid Enforcement Problems by Properly Adding Rider to Form Lease
• Amend Lease to Prevent Problems from Tenant-Installed WiFi Network
• Dos & Don'ts for Dealing with Holdover Tenant
• Get Tenant that Has Gone Dark to Reopen Store

CHAPTER 6: SUBLETS & ASSIGNMENTS

• Get Subtenant Info before Processing Sublet Request
• Set 15 Conditions in Your Sublet Consent
• Notify Subtenant before Evicting Tenant
• Keep Tenant on Hook When Settling with or Amending Lease for Assignee
• Don't Get Stuck with Commissions/Taxes Related to Assignment/Sublet
• Get Right to Collect Rent Direct from Subtenant if Tenant Doesn't Pay
• How to Ensure that You Don't Unreasonably Withhold Consent
• Don't Accept Rent Checks from Unauthorized Assignees
• Collect Sublet, Assignment Profit to Which You're Entitled
• Get Tough with Tenant that Illegally Sublets
• Set 16 Conditions in Your Assignment Consent
• How to Get Subtenant to Pay You Rent When Tenant Defaults
• Four Dos & Don'ts to Avoid Creating Legal Relationship with Subtenants

CHAPTER 7: USE / EXCLUSIVE USE

• Use Tenant Mix Chart to Monitor Exclusives, Use Clause Compliance
• Get Tenant that Is Not Using Exclusive to Waive Right to Enforce It
• Add Written Lease Amendment When Modifying Exclusive
• How to Handle Inadvertent, Minor Violation of Exclusive
• Avoid Lost Prospects, Exclusive Rights Disputes with Use Clause Inspections
• How to Keep Tenants' In-Store Computer Sales from Violating Exclusives

CHAPTER 8: AUDITS

• Discourage CAM Audits by Reminding Tenant of Cost Reimbursement
• Refuse Audit Request if Tenant Plans to Use Contingency-Fee Auditor
• Deny CAM Audit Request Made After Deadline
• Refuse CAM Audit Request by Tenant that Owes Rent
• Avoid 10 Mistakes When Auditing Percentage Rent Tenants
• Save Money by Hiring Pros to Audit Center’s Utility Bills
• Review Governing Documents before Managing Mixed-Use Development

CHAPTER 9: CAM COSTS

• Eliminate Audits, Administrative Burdens by Switching to Fixed CAM Payments
• Tell Tenants When You Are Deducting CAM Costs
• How to Allocate Your Garbage Removal Charges Fairly Among Tenants
• How to Avoid CAM Charge Disputes during Renovations or Expansions
• How to Resolve CAM Disputes over Tenants' Square Footage
• How to Charge Small Tenants Interest on Amortized CAM Expenditures
• Get Key Protections When Settling CAM Overcharge Claim
• Use Payout Agreement to Collect CAM Reconciliation Amounts
• Handling Tenant that Closes Store but Continues to Pay Rent and CAM Costs
• How to Get Tenants to Pay Higher CAM Costs Midyear
• Avoid Payment Disputes with Major Tenants over Unbudgeted CAM Costs/Operating Expenses
• How to Persuade Reluctant Prospects to Accept Fixed CAM

 CHAPTER 10: GUARANTIES / GUARANTORS

• How to Avoid Inadvertently Releasing Tenant's Guarantor
• What to Do if a Guarantor Dies
• Notify Guarantor Early about Tenant's Late Rent
• Get Tough with Guarantor Even if Lease Provision Is Illegal
• Keep Guarantor on the Hook Despite Settlement Agreement with Tenant
• Keeping Guarantor on Hook after Tenant's Release

 CHAPTER 11: PERCENTAGE RENT

• Get More Percentage Rent with Detailed Sales Report
• Use Average Percentage to Ease Friction with Tenant over Gross Sales Deduction
• Avoid Percentage Rent Underpayments by Giving Small Tenants Record-Keeping Checklist
• Get Percentage Rent Concessions in Return for Giving Tenant Rent Relief
• 10 Categories of Tenants You Should Regularly Audit
• Send Audit Letter that Preserves Landlord-Tenant Relations
• 10 Events that Should Trigger Percentage Rent Audit
• 14 Warning Signs that Indicate You Should Audit Tenant
• Hidden Sales: Internet Sales Picked Up from Tenant's Store
• Hidden Sales: Slotting or Placement Fees
• Hidden Sales: Sales from Tenant's In-Store Computer Terminal or Kiosk
• Hidden Sales: Restocking Fees
• Hidden Sales: Membership Fees from In-Store Enrollments
• Hidden Sales: Catering Fees
• Hidden Sales: Reimbursements for Cell Phone Sales & Commissions for Service Contracts
• Hidden Sales: Ancillary Product Sales and Services Offered at Beauty Salons
• Hidden Sales: Revenues from Vending & Game Machines
• Hidden Sales: WiFi Access Fees
• Q&A: Handling 'Chargebacks' for Percentage Rent Purposes

 CHAPTER 12: RENT COLLECTION

• How to Handle Four Common Rent Check Mistakes
• How to Hire a Good Collection Agency
• Get Tenant to Stop Withholding Rent to Protest Alleged Lease Violation
• Spell Out Rent Escalations If You Renegotiate Lease
• How to Avoid Common Holdover Rent Miscalculation
• How to Get Late-Paying Tenant to Pay Rent On Time
• Use Pay-Out Agreement to Collect Unpaid Base Rent, Additional Rent
• Get Nonpayment Protection with Lien on Tenant's Personal Property

 CHAPTER 13: ASSISTANCE FOR STRUGGLING TENANTS

• How to Spot Financially Shaky Tenants
• Guard Against Tenant Abuse of Rent Relief
• Help Struggling Tenant by Relocating It or Downsizing Its Space
• Use Checklist to Evaluate Tenant's Request for Rent Relief
• Get Option to Relet in Exchange for Giving Tenant Rent Relief
• Offer 'Rent Review' When Tenant Demands Rent Reduction

 CHAPTER 14: RENEWALS

• Keep Key Tenants by Launching Focused Marketing Effort
• Encourage Renewals with Letter Reminding Tenants of Lease Expiration
• Avoid Disputes with Tenant that Has Not Exercised Renewal Option
• Get Tenants to Renew Early with 'Blend-and-Extend' Deal
• Get Tenants to Renew When Their Leases End
• Block Broker's Right to Commission for Renewal
• Renewing Lease of 'Problem' Tenant

 CHAPTER 15: LEASE TERMINATION

• Cover 11 Key Points in Lease Termination Agreement
• Take Steps to Mitigate Damages When Tenant Moves Out Early

 CHAPTER 16: EVICTIONS

• Avoid Eviction Delays by Checking State Law on Late-Rent Notices
• Keep Evictions on Course with 'Proof of Service' Form
• Watch Out for Uncommon Constructive Eviction Claims
• Avoid Eviction Problems by Giving Your Attorney Eviction Report
• Take Six Steps When Using Self-Help Eviction Right

CHAPTER 17: BANKRUPTCY

• How to Handle a Tenant's Bankruptcy Filing
• Find Out About First Day Motions After Tenant Files for Bankruptcy
• Bankruptcy Law Benefits Shopping Center Owners
• Work with Liquidator on Guidelines for Bankrupt Tenant's 'GOB' Sale

 CHAPTER 18: TAXES

• How to Hire a Good Tax Consultant to Challenge Assessment
• Get Property Valuation Cut if Anchor Leaves
• Get Tax Breaks for Energy-Efficient Improvements to Center

 CHAPTER 19: INSURANCE

• What Types of Insurance Do Property Management Companies Need?
• How to Bid Out Insurance Coverage to Lower Policy Costs
• Eight Safeguards to Help Improve Your Insurance Coverage
• Understanding Insurer Rating Standards
• Federal Law Helps Owners Get Terrorism Insurance
• Five Ways to Protect Yourself from Unexpected Terrorism Insurance Costs
• Minimize Insurance Premium Increases with Smart Submission to Underwriter
• Require Tenants to Get Eight Key Insurance Policies
• Make Sure Your Proof of Insurance Checks Out

 CHAPTER 20: MOLD & OTHER ENVIRONMENTAL ISSUES

• EPA Rule Requires Buyers, Tenants to Broaden Environmental Investigation
• Give Tenants Tips on How to Maintain Good Indoor Air Quality
• OSHA Issues Safety and Health Bulletin on Mold
• Eliminate Mold and Avoid Being Sued
• Defend or Avoid Toxic Mold Lawsuit with Detailed Maintenance Records
• Mold Cleanup - When to Do It Yourself and When to Call in the Experts
• Use Scientific Study to Defend Against Mold-Related Lawsuits
• How to Select a Qualified Engineer and Mold Remediator

 CHAPTER 21: REPAIRS & MAINTENANCE

• Document Efforts to Make Repairs
• Require Tenant to Give You Access to Make Repairs
• Comply with Escalator Safety Requirements to Prevent Injuries
• Give Staff Written Procedures for Daily Escalator Inspection
• Maintain Center's Appearance by Promptly Removing Graffiti
• Use Roof Inspection Checklist to Help Extend Roof's Life
• Use Inspection Checklist to Prepare Your Roof for Winter
• Preparing Your Air-Conditioning System for Summer
• Reduce Health Risks, Save Money with 'Integrated Pest Management' Program
• Lease Restrictions on Small Antennas May Be Invalid
• Ensure Center's Redevelopment Proceeds Smoothly

 CHAPTER 22: CONTRACTORS

• Have Bidders Submit Detailed Cost Information
• Avoid Responsibility for Service Contractor's
• Take Steps to Avoid Liability Before Contractors' Employees Get Injured
• Delay Clause Helps Keep Contractors on Schedule
• Get Contractor Commitment to Come in Emergency
• Guard Against Tenant HVAC Contractor Voiding Roof Warranty
• Insist on Progress Payments and Retainage Clause in Contract
• How to Protect Yourself When Hiring a Fire Protection Contractor
• Require General Contractor to Get Letter of Credit
• Get Right to Collect Damages if Contractor Abandons Job
• Collect Legal Expenses if Contractor Violates Contract
• Set Staffing Requirements for Architect, Contractor to Follow

 CHAPTER 23: PARKING LOTS

• Consider Three Potential Parking Problems Before Adding 'Pad' Tenant
• Require Transit Authority to Supervise Commuter Parking
• How to Hire Good Towing Company to Enforce Parking Rules
• Reduce Liability with Parking Lot Security Tips
• Q&A: Heading Off Common Parking Problems at Mixed Use Developments
• Q&A: Installing CCTV Cameras in Parking Lot, Garage
• Q&A: Renting Parking Spaces to Neighbor

 CHAPTER 24: RISK MANAGEMENT

• Follow Five Tips to Make Your Center's Emergency/Disaster Plan More Effective
• Set Up, Inform Tenants of Fire Evacuation Procedure to Reduce Risk of Injury
• Comply with Revised Exit Routes Standard
• How to Respond if Hurricane Heads Toward Your Center
• Follow Business Resumption Checklist before Reopening Center After Disaster
• Use Disaster Recovery Plan to Protect Your Center's Computer System
• Reduce Risk of Fire with Regular Fire Inspections
• Make Sure You Comply with Building Code's Fire Door Standards
• Test Sprinkler System Regularly to Avoid Liability
• Inspect Restaurant Tenants' Cooking Areas to Reduce Risk of Fire
• Correct Minor ADA Violations as Soon as You Find Out About Them
• Set Up AED Program to Minimize Your Liability
• Minimize Liability for Children's Play Area
• Avoid Liability if Slip-and-Fall Object Was Easy to See
• Comply with Window-Cleaning Safety Standard
• Reusing, Replacing, Securing Surveillance Camera Tapes
• Avoid Liability for Tenants' Sale of Counterfeit Goods
• Comply with ADA Protections for 'Service Animals'
• Use Commencement Date Notice to Avoid Disputes with Tenant
• Take Six Steps When Tenants Abandon Property
• Use ICSC Shopping Center Classifications to Avoid Confusion
• How to Protect Yourself against the Risks of an ASP Bankruptcy

 CHAPTER 25: CRIME & SECURITY

• Conduct Security Audits to Spot Problems with Your Building's Security Systems
• Take Three Steps When Choosing a Security Systems Integrator
• Require On-Site Staff to Look Out for Problems at Center
• Reduce Liability by Requesting More Police Patrols
• Check Surrounding Neighborhood's Crime Report to Improve Security, Avoid Liability
• Set Up Police Field Office to Boost Security at Your Center
• Make It Easy for Shoppers, Employees to Contact Security
• Boost Strip Center's After-Hours Security by Giving Tenants Safety Tips
• Reduce Crime with After-Hours Check-In Policy
• Improve Security at Your Center's ATMs
• Limit Liability for Crime with a Thorough 'Incident Report'
• Cut Liability by Telling Staff How to Fill Out Incident Reports
• Q&A: Banning Guns at Your Center
• Avoid Stiff Penalties by Complying with Executive Order on Terrorism
• How to Comply with Federal Terrorism Order in Your Dealings with Current Tenants
• Be Wary if Leasing Transaction Involves Condition that Raises Red Flag under Terrorism Order
• OSHA Releases Evacuation Planning Tool to Help Prepare for Terrorist Acts
• How to Secure Your HVAC System from Terrorism
• NDU Issues Guide on Dealing with Biological, Chemical, 'Dirty Bomb' Attacks
• Use Blast-Proof Trash Cans to Minimize Damage, Injuries
• Train Staff on Handling Bomb Threats
• Install Shatterproof Film on Windows, Glass Doors, Skylights
• How to Reduce Security Risk Posed by Lockers
• Use Partnership to Report Terrorist Threats, Get Key Security Information
• Do Background Checks on Temporary Tenants
• Get Community Input before Implementing Teen Escort Policy
• Keep Building/Center Safe by Canceling Outgoing Tenant's Security Clearance
• What to Do if Tenant Conducts Illegal Activity in Its Space
• Protect Your Center from Car Crash Damage

 CHAPTER 26: EMPLOYEES & LABOR LAW

• Follow Federal Guidelines When Asking Job Applicants About Drug, Alcohol Use
• Post Required Federal Signs for Center Employees
• Check Job Application Information for Red Flags
• Make Sure You Have Accurate I-9 Information for All Employees
• How to Comply with OSHA Recordkeeping Rules
• Comply with Federal Law Protecting Employees on Active Military Service
• Implement, Update Internal Controls to Prevent, Detect Employee Theft
• Comply with OSHA Regulations on RF Emissions
• Use Secret Shoppers to Evaluate Center and Staff, Uncover Problems
• Don't Let Center's Web Site Become Target of ADA Lawsuits
• Commercial Property Managers in High Demand