Complete Guide To Shopping Center Management


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The Complete Guide to Shopping Center Managementis a book and companion CD-ROM offering advice and practical tips on the most efficient and cost-effective methods of managing an operational and profitable shopping center.

 

The Complete Guide to Shopping Center Management focuses on sound day-to-day management operations of shopping centers. It contains answers to the many question that come up when effectively managing tenants, courting patrons, and dealing with the myriad legal issues that arise. Included on the companion CD-ROM are more than a hundred model forms, notices, letters, and policies -- all designed to benefit the shopping center owner while satisfying the concerns of tenants. Use them as is or customize them for your facility.

Complete Guide to Shopping Center Management provides commercial real estate professionals with strong, straightforward advice for handling issues such as:

  • Get rent paid on time, in full
  • Reduce problems with CAM charges
  • Boost shopper traffic and sales
  • Make sure tenants comply with all lease obligations
  • Control sublets and assignments
  • Guard against contractors overbilling, negligence, shoddy work
  • Reduce parking lot crimes and accidents
  • Track key lease dates and deadlines
  • Protect yourself from liability suits
  • Avoid environmental problems
  • Cut HVAC system costs
  • Cash in on additional sources of income for your center
  • Preserve your rights when negotiating workouts or renegotiating use clauses and exclusives
  • Reduce the risks of exclusive use violations
  • Avoid unneeded rent breaks
  • Use safeguards to improve your insurance coverage
  • Put a lid on shopper disruptions, from rowdy teens to free-speech activists
  • Economically maintain your center's appearance
  • Keep guarantors on the hook as long as necessary
  • Avoid getting burned by tenants' lease termination rights
  • Head off eviction problems and delays

 

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
 

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