Issue Number 27
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The Dealmakers Issue Number 27 for the week of July 31, 1998

My Way by Ted Kraus

While my mom died before I made the decision to become a commercial real estate broker, there’s no doubt in my mind she would have protested the decision and asked, "Why’s a nice Jewish boy like you wanting to be a real estate broker? There’s no steady paycheck involved and definitely no prestige. Wouldn’t you be happier being a doctor or lawyer?" Well ma, while I don’t know about the prestige, I’m happy (isn’t that the most important issue) and right now I’m making a decent living. My mom was also someone who wasn’t a great believer in being in business for yourself (unless you were the doctor or lawyer) because she valued security above all else. A paycheck every Friday was of extreme importance to her.

There’s no security in being a broker, you’re always dependent upon yourself and the ongoing prayer that if your deal closes you will get paid. That aspect of brokerage hasn’t changed in the 19 years I’ve been one.

Anyway, welcome to the first, of what we hope is many "special issues" on the state of the brokerage community. The industry has changed drastically in the nineteen years that I’ve been involved. I decided to start my own business after spending nearly 10 years in corporate real estate life and hating to have to take orders from people I often felt had an IQ of 23 or lower. I usually had personality conflicts with one person at every company I worked for, unfortunately it was always the president and when one of us had to leave, the decision was easy... me. When I started my own company, it was funded from my checking account’s overdraft and use of credit cards. I think I went into debt for about $25,000 my first year in business, which isn’t bad for start up costs. In fact, the low start up costs and the ability to be your own boss has always been one of the draws of getting into brokerage.

Of course, no one I know (except the children of established brokers) ever went to college or had dreams of being a broker when they were kids growing up. (I doubt if Josh has aspirations of being a broker; his goal is to inherit a lot of money from his grandparents, i.e. "GHG" or Grandparents Have Gelt.) Brokerage is something we "fall" into, we don’t plan. When I started the brokerage division the shopping center industry had two types of players. Either the very big or the "ma/pa" one man brokerage firm. (The "Pa" was the broker and the "Ma" kept the books/ran the office. There were no women involved in the commercial end of the business 20 years ago). Most brokers were residential oriented and periodically did a retail deal. Few really understood what they were doing, but somehow got the listing for a small neighborhood center. As the industry grew (it had phenomenal growth for 10 years or so), the big money involved (by the standards of the day) attracted more and more people to brokerage. For a few thousand dollars invested in being a broker, you could make $30,000 to $100,000 a year based only on the sweat of your brow.

It was a great way to start your own business and make a decent living. There was little sophication required from the broker; one, because there was little respect for the broker’s analytical abilities, and two, because few of their clients (investors, retailers and developers) had any real degree of sophistication either. You’d pick up a map at the local gas station (that’s going back to the good old days when all the gas station provided free maps), hand draw a couple of circles, paste a star to represent the site and drove the neighborhood for 20 minutes. Either the tenant took the site or didn’t. Little else was required. My advantage at the time was I had worked both for major developers and retailers and therefore I understood the "thinking, needs and process" of both and could talk their jargon. While I didn’t do phenomenal, I made a decent buck.

Today, the world has changed drastically. There’s a lot more medium-sized retail brokerage firms now (who, per person, out produce the big brokerage firms), a substantial amount of sophistication for many (but not most) and the bucks involved are much higher. I’m working on one deal right now that if it closes (and I get paid) will pay me more money than I made in my first two years in business. I didn’t have a computer when I started in this business (but in those days, there were no PCS). Today, it’s required, as is the Internet, databases, word processing, demographic software, mapping software, e-mail, etc. They’re essential for our survival as brokers, retailers, investors and developers alike.

Oh, let me digress for a moment. It wasn’t until this issue was ready to go to press that we realized we forgot to put together an article on the different types of hardware (computers, scanners, digital cameras, fax machines) and software (demographic, database, mapping, directories, etc.) that every competent broker needs to succeed. Therefore, that’s something we’ll be publishing in the coming months. If you have hard/software you want evaluated or would like to provide a review on one, please send your comments to Deal.Makers@dealmakers.net.

Anyway, back to brokerage. Another major change I’ve seen in the industry is the change in perception of what the broker contributes to a "deal." "Then" the broker was a necessary evil (and many times not even necessary. Many developers refused to pay a commission and retailers never paid a broker). Today, in many cases, the broker is the centerpiece of the deal that all sides need and look to for advice. We’ve come a long way, baby.

The concept of tenant representation is relatively new (it’s been common in Canada and England for over 20 years) and it’s changed the industry substantially. The exclusive broker for major retailers whether it be Bob’s, Ross Stores, Circuit City, or whatever commands respect and big commissions. The local exclusive broker provides faster response time for the developer with space available then corporate ever could, a better understanding of the market and because the commission is built into the rent, higher rents which allow higher numbers to the developer when financing or refinancing. Unfortunately, the negative aspect of this is that the broker (not all, but a large portion) are willing to pay higher rents than necessary to obtain the commission. Because most retailers no longer have an adequate sized real estate department, the decision maker for the retailer becomes extremely dependent on the broker and many will lead their client astray. There’s always some negative aspects to everything and brokerage has its fair share of faults. But overall, it’s a great profession for people who get a thrill out of doing deals and enjoy making a decent buck.

Retailers Expanding Throughout New England

S&K Famous Brands, Inc. trades as S&K Famous Brand Menswear at 211 locations in AL, AR, FL, GA, IL, IN, IA, KY, LA, ME, MI, MS, MO, NJ, NY, NC, OH, OK, PA, SC, TN, TX, VA, WV and WI. The men’s apparel stores occupy spaces of 3,000 sq.ft. to 5,000 sq.ft. in freestanding facilities, regional malls, outlet, power, specialty and strip centers. Plans call for 25 openings in the coming 18 months. Expansion will take place in the existing markets as well as in CT, DE, KS, MA, MD, MN, ND, NH, RI and SD. Preferred demographics include a population of 250,000 within seven miles earning $50,000 as the average income. Leases running five years, with two five-year options, are typical and the company prefers a vanilla shell.
For details, contact Mike Desmond, S&K Famous Brands, Inc., 11100 West Broad Street, Glen Allen, VA 23060-5813; 804-346-2500, Fax 747-3979.

CVS trades as CVS Pharmacy at 3,866 locations in CT, GA, IL, IN, KY, MA, ME, NH, NJ, NY, NC, OH, PA, RI, SC, TN, VA and VT. The drug stores occupy spaces of 8,000 sq.ft. to 11,000 sq.ft. in freestanding facilities. Plans call for 115 openings in the coming 18 months. Expansion will take place in CT, MA, MD, ME, NH, NJ, NY, PA, RI, VA, VT, GA, NC, SC and Washington, D.C.
For more information, contact Frank Hall, CVS, One CVS Drive, Woonsocket, RI 02895; 401-765-1500, Fax 769-6593.

Cumberland Farms/Gulf Oil operates 2,500 locations in CT, DE, FL, ME, MA, MS, NH, NJ, NY, PA, RI and VT. The convenience stores, which also sell gasoline, occupy spaces of 2,500 sq.ft. to 3,000 sq.ft. in freestanding facilities. Preferred co-tenants include Wal*Mart and McDonald’s. Growth opportunities are sought in ME, MA, NH and VT.
For more information, contact Ronald Grabarek, Cumberland Farms/Gulf Oil, 719 Post Road, Westport, CT 06880; 203-226-3346, Fax 226-3364.

Olympia Sport Center trades as Olympia Sports at 54 locations throughout New England, NY and PA. The sporting goods stores occupy spaces of 5,000 sq.ft. to 15,000 sq.ft. in regional malls and strip centers. Preferred anchors include Sears and Macy’s. Plans call for 10 openings in the coming 18 months. Expansion will take place in the Northeastern region. Preferred demographics include a population of 50,000 to 100,000 within five miles earning at least $40,000 as the average income. Leases running 10 years are typical and the company cites Champs and Sports Authority as competition.
For more information, contact Andy Shedlin, Olympia Sport Center, 30 US Route 1, Yarmouth, ME 04096; 846-433-3400.

Vitamin Shoppe Industries, Inc. trades as The Vitamin Shoppe at 32 locations in NJ and NY. The stores, selling vitamins, minerals and nutritional supplements, occupy spaces of 4,000 sq.ft. in freestanding facilities. Preferred anchors include Barnes & Noble, Borders, Bed Bath & Beyond, Fresh Fields and Zany Brainy. Plans call for 40 openings in the coming 18 months. Expansion will take place in CT, DE, MA, MD, NJ, NY, PA, RI, VA and Washington, D.C. Preferred demographics include a population of 200,000 within five miles earning at least $50,000 as the average income. Leases running 10 years are typical and the company, which prefers a vanilla shell, cites GNC as competition.
For more information, contact Corey Bialow, The Vitamin Shoppe, 4700 Westside Avenue, North Bergen, NJ 07047; 201-866-7711, Fax 866-1795.

Perfecta Camera Corp. trades as Perfecta Camera and Adler’s Photo Shop at 25 locations in NH. The stores, selling cameras, photographic supplies and offering one-hour film processing, occupy spaces of 1,100 sq.ft. to 2,000 sq.ft. in strip centers. Plans call for as many as three openings in the coming 18 months. Expansion will take place in the existing market. Leases running five to ten years are typical.
For more information, contact Charles Zoulias, Perfecta Camera Corp., 174 South Maple Street, Manchester, NH 03103; 603-645-1234, Fax 668-6545.

Marden’s, Inc. trades as Marden’s at 10 locations in ME. The stores, selling surplus and salvage merchandise, occupy spaces of 32,000 sq.ft. in freestanding facilities and outlet centers. Preferred co-anchors include Kmart and Wal*Mart. Growth opportunities are sought in MA or NH. Preferred demographics include a population of 100,000 within 25 miles earning $30,000 as the average income. Leases running five years are typical.
For more information, contact Paul LePage, Marden’s, Inc., 184 College Avenue, Waterville, ME 04901-6220; 207-873-6111, Fax 873-1376.

Care Pharmacy, Inc. trades as Care Pharmacy at five locations in NH. The drug stores occupy spaces of 9,000 sq.ft. in freestanding facilities. Growth opportunities are sought throughout New England. Leases running 10 to 20 years are typical.
For more information, contact Francis Cassidy, Care Pharmacy, Inc., 98 South Main Street, Rochester, NH 03867; 603-335-2685, Fax 335-2690.

Camping World, Inc. trades as Camping World at 27 locations in AZ, CA, CO, FL, IL, KY, MI, NV, NJ, OH, OR, SC, TN, TX and WA. The stores, selling sporting goods and RV accessories, occupy spaces of 25,000 sq.ft. in freestanding facilities. Plans call for three openings in the coming 18 months. Expansion will take place in MA and TX. Preferred demographics include a population of 600,000 within 30 miles earning $50,000 as the average income. Leases running 15 years are typical.
For more information, contact Tom Walker, Camping World, Inc., 3 Springs Road, Bowling Green, KY 42102; 502-781-2718, Fax 781-2775.

Buck A Book does business as Books for Peanuts, Buck A Book and Real Deal Discount Software at 16 locations in CT, MA, NH and RI. The stores, selling books, greeting cards, computer software and seasonal merchandise, occupy spaces of 2,500 sq.ft. to 5,000 sq.ft. in downtown store fronts and outlet centers. Plans call for the opening of four units in the coming 18 months. Expansion will take place in the existing markets. Preferred demographics include a population of 75,000 within three miles earning $40,000 as the average income. Leases running two years are typical.
For more information, contact William Stein, Buck A Book, 103 Levbert Road, Newtown, MA 02159; 617-244-6479, Fax 244-3689; e-mail marilbil3@aol.com.

Big Y Foods, Inc. trades as Big Y Supermarket at 44 locations in CT and MA. The supermarkets occupy spaces of 45,000 sq.ft. to 65,000 sq.ft. in freestanding facilities, power and strip centers. Plans call for six openings in the coming 18 months. Expansion will take place in the existing markets. Leases running 20 years, with four five-year options, are typical.
For more information, contact Steve Hurwitz, Big Y Foods, Inc., 280 Chestnut Street, Springfield, MA 01104-3456; 413-784-0600, Fax 781-2881.

Best Buy Company, Inc. trades as Best Buy at 284 locations nationwide. The stores, selling electronics and appliances, occupy spaces of 45,000 sq.ft. in freestanding facilities. Plans call for 35 openings in the coming 18 months. Expansion will take place throughout New England and the Southern regions. Leases running 15 to 20 years are typical.
For more information, contact Ben Moore, Best Buy Company, Inc., 7075 Flying Cloud Drive, Eden Prairie, MN 55344; 612-947-2388, Fax 947-2316.

Crowley Milner & Co. does business as Steinbach at 13 locations in CT, NH, NJ, NY and VT. The department stores occupy spaces of 50,000 sq.ft. to 70,000 sq.ft. in regional malls, power and specialty centers. Plans call for two openings in the coming 18 months. Expansion will take place within the existing markets.
For more information, contact Ray Attebery, Crowley Milner & Co., 2301 West Lafayette, Detroit, MI 48216-1891; 313-962-2558, Fax 962-2471.

1-800-Flowers operates 150 locations in AZ, CA, FL, GA, IL, MI, NV, NJ, NY and TX. The florists occupy spaces of 2,000 sq.ft. to 3,000 sq.ft. in freestanding facilities. Plans call for 75 openings in the coming 18 months. Expansion will take place in CA, CT, FL, IL, MA, NJ, NY, PA, TX and Washington, D.C. Preferred demographics include a population of 75,000 within three miles earning $60,000 as the average income. Leases running five years are typical and the company, which is franchising, prefers a vanilla shell.
For more information, contact Brian McGee, 1-800-Flowers, 1600 Stewart Avenue, 7th Floor, Westbury, NY 11590-6611; 516-237-6000, Fax 237-6060, e-mail: bmcgee@a800flowers.com, home page: 1800flowers.com.

Cottman Transmission Systems, Inc. trades as Cottman Transmission at 210 locations in AZ, CA, CO, CT, DE, FL, GA, KS, LA, MA, MD, MI, MO, MS, NC, NJ, NV, NY, OH, OK, OR, PA, TX, VA, WV and Washington, D.C. The automotive repair facilities, specializing in transmission repair, occupy spaces of 2,500 sq.ft. to 4,000 sq.ft. in freestanding facilities. Plans call for 50 openings in the coming 18 months. Expansion will take place throughout New England, as well as in CA, CO, NE and SC. Preferred demographics include a population of 50,000 within three miles earning $30,000 as the average income. The company is franchising.
For more information, contact Dennis Fennerty, Cottman Transmission Systems, Inc., 240 New York Drive, Fort Washington, PA 19034; 800-394-6116, Fax 215-643-2519.

Chuck Roast, Inc. does business as Chuck Roast Factory Outlet at four locations in ME, NH and NY. The stores, selling family outerwear, activewear and soft luggage, occupy spaces of 2,000 sq.ft. in outlet centers. Growth opportunities are sought throughout New England.
For more information, contact Chuck Henderson, Chuck Roast, Inc., PO Box 2080; Conway, NH 03818; 603-447-5492, Fax 447-2277.

Mattress Giant operates 100 locations in FL, MN, MO and TX. The stores, selling mattresses, brass and iron beds and accessories, occupy spaces of 4,000 sq.ft. to 6,000 sq.ft. in freestanding facilities, power and strip centers. Preferred anchors include Bed Bath & Beyond, Linens ‘N Things and Toys ‘R Us. Plans call for 21 openings in the coming 18 months. Expansion will take place in FL, MA, MO, MN and TX. Leases running five years are typical.
For more information, contact Michael Ullian, Mattress Giant, c/o Rada Realty, 1600 NE 12th Terrace, Fort Lauderdale, FL 33305; 401-453-0038, Fax 453-1651.

Acme Auto Supply operates 23 locations in CT. The automotive stores occupy spaces of 1,500 sq.ft. to 6,000 sq.ft. in freestanding facilities. Plans call for two openings in the coming 18 months. Expansion will take place in the existing market.
For more information, contact James Fine, Acme Auto Supply, 620 Oakwood Avenue, West Hartford, CT 06110; 860-246-2540, Fax 525-1868.

Lamey-Wellehan operates five locations in ME. The shoe stores occupy spaces of 4,000 sq.ft. in downtown store fronts, freestanding facilities, regional malls and strip centers. Plans call for one opening in the coming 18 months. Expansion will take place in ME, VT, New Brunswick or Quebec, Canada. Preferred demographics include a population of 60,000 within 10 miles earning $38,000 as the average income. Leases running five years, with options, are typical.
For more information, contact James Welleham or Don Stowell, Lamey-Wellehan, 110 Libston Street, Lewiston, ME 04240-7120; 207-784-6595, Fax 784-9650, e-mail: lwshoes@gwi.net, home page: lwshoes.com.

Sources of Financing

Aries Capital (312-642-0100) recently funded a $12 million loan for Goodings International Plaza in Orlando, FL. United Financial of America, Inc. was the correspondent and Daiwa Securities America, Inc. purchased the loan for securitization. The mixed-use, single-level retail center is anchored by a supermarket.

JumboSports, Inc. (813-886-9688) recently received a commitment from Foothill Capital Corporation and Congress Financial Corporation to provide a fully underwritten $150 million senior secured credit facility. Proceeds will be used to refinance the company’s existing bank credit agreement and to provide funds for ongoing working capital needs. The new facility, which offers a flexible three to five year agreement, is expected to close at the end of this month. JumboSports currently operates 57 sporting goods stores in 23 states.

Buyers & Sellers

Montgomery CV Realty Trust is in the market to acquire neighborhood shopping centers having GLAs of at least 100,000 sq.ft. anchored by supermarkets and/or drug stores. Preferred properties must be competitively located in stable or growth markets and located within a three-hour drive of Philadelphia, PA or within FL. The company is interested in properties or portfolios that are in need of redevelopment, repositioning or pro-active management. The company will consider larger centers or concentrated portfolios in other metropolitan areas, especially in the Eastern Seaboard states. The company is looking to acquire more than $250 million in properties during 1998.
For more information, contact Charles Morroney or Jeffrey Hipple at (610-825-7100).

CB Richard Ellis has the listing to sell Shoppes of Kenwood in Cincinnati, OH. The 47,411 sq.ft. project is anchored by Drug Emporium, Blockbuster Video, Boston Market, Mail Boxes Etc. and Fifth Third Bank. The site is located one-half mile from Kenwood Towne Centre. The asking price is $6.3 million.

For more information, contact James O’Connell at (513-369-1342).

CB Richard Ellis has the listing to sell Market Center East in Albuquerque, NM. The 252,000 sq.ft. project is anchored by Target, Michael’s, OfficeMax and Gart Sports. Target is not part of the sale.
For more information, contact Jack Dailey at (505-837-4911) or Anthony Johnson at (505-837-4902).

Netvest Properties, Inc. is in the market to acquire several single tenant absolute triple net retail sites nationwide.
For more information, contact Eli Stinger II at (520-529-2250), Fax (577-3433), e-mail (netvest@theriver.com).

Plaza Real Estate, Inc. Commercial has the listing to sell Village Fashion Centre in Wichita, KS. The 130,000 sq.ft. project is located on a main entrance to a Mel Simon mall. The asking price is $10 million and financing is available. The company has the listing to sell Rockford Square Shopping Center in Wichita, KS. The 38,000 sq.ft. strip center, which is 60% vacant, is in need of a turn around. The asking price is $2 million and financing is available. The company also has the listing to sell Market Place Shopping Center in Wichita, KS. The 57,000 sq.ft. project is anchored by a grocery store. The asking price is $2.88 million and financing is available.
For more information, contact David Leyh at (316-683-3663), Fax (683-3238), e-mail (davidleyh@aol.com).

Hawley Realty, Inc. has the listing to sell a neighborhood convenience shopping center in Emmaus, PA. The site has a 23,000 vehicle daily traffic count.
For more information, contact Sue Capobianco at (610-398-4000), Fax (398-0841), e-mail (hawrlty@ptd.net).

Capital Commercial has the listing to sell a neighborhood shopping center in Fort Worth, TX. The 63,000 sq.ft. project is anchored by Winn-Dixie, Movie Gallery and Subway. The asking price is $5.315 million.
For more information, contact Melvyn Moss or Laurence Saper at (310-440-8500), Fax (440-8525), e-mail (ccrewla@aol.com).

Sentinel Realty Advisors, Inc. has the listing to sell Rite Aid Drug Stores in CA, NJ, NY and OH The stores have 22-year bond leases. The asking prices range from $2 million to $5 million and financing is available.
For more information, contact Tim Vincent at (847-963-1031), Fax (358-7696), e-mail (fimc@cin.net).

Excell Fund LLC is in the market to acquire shopping centers having GLAs of at least 85,000 sq.ft. Preferred projects should have less than 50% occupancy with some credit tenants. Properties located in small towns will be considered.
For more information, contact Steven Cersonsky at (303-320-0003), Fax (377-6167).

Marcus & Millichap has the listing to sell an Eckerd Drug Store in Atlanta, GA. The 10,558 sq.ft. tenant has a 19-year NNN lease with increases every five years. The asking price is $2.225 million.
For more information, contact Mark Cooley at (770-393-1700), Fax (393-1738).

The Mulkey Corp. has the listing to sell Kissimmee Manufacturers Outlet Mall in Kissimmee, FL. The 122,000 sq.ft. project, which is located near Disney World, is anchored by Nike. NOI is $1.29 million. The asking price is $12.5 million.
For more information, contact T. Dan Mulkey at (813-888-9841), Fax (886-2792), e-mail (mulkeycorp@aol.com).

United Investors Realty Trust plans to acquire 12 Oaks Shopping Center in Tampa, FL. The 117,000 sq.ft. project is anchored by Publix and Scotty’s. The company is in the market to acquire grocery-anchored neighborhood shopping centers in well-located areas throughout the Orlando-to-Tampa, FL corridor.
For more information, contact Lewis Sandler at (214-360-3665).

Excel Realty Trust, Inc. recently acquired 11 shopping centers in AL, Fl, KY, LA, MI, NY and OH from several undisclosed sellers. The properties encompass 1.8 million sq.ft. and were acquired for $83 million plus the assumption of $44 million in debt. In addition, the company recently acquired Galleria Commons Shopping Center in Las Vegas, NV for $26.1 million and Saddletree Village Shopping Center in Columbia, TN for $500,000 plus the assumption of $2 million in debt.
For more information, contact Excell Realty Trust at (619-485-9400).

First Capital Realty brokered the sale of the 365,000 sq.ft. Azalea Mall in Richmond, VA.
For more information, contact First Capital Realty at (301-907-3200).

Cushman & Wakefield represented ERE Yarmouth in the sale of the 819,066 sq.ft. Parkway Plaza and Pavilion Mall in Tukwila, WA to MBK Northwest.
For more information, contact Thomas Abbott at (206-521-0250) or Reynolds Haas at (206-521-0286).

C&T Investments, LLC recently acquired Cherokee Plaza in Gaffney, SC for $850,000. The company then leased 35,000 sq.ft. to Big Lots to anchor the center. The company is in the market to acquire anchored and unanchored centers throughout the Southeastern region.
For more information, contact Brad Thomas at (800-842-1811), Fax (864-582-5598).

Central Realty represented Rose Holding, Inc. in its sale of the 272,353 sq.ft. Fairview Park Plaza in Centralia, IL to Fairview Park Plaza #1, 1998, LLC.
For more information, contact Scott Stinson at (314-862-5557).

Bankruptcy Does Not Relieve A Debtor/Tenant of The Obligation To Pay Rent

by Ira M. Levee, Esq. and Steven B. Smith

When a debtor/tenant files a bankruptcy petition, he may be a party to various executory contracts or agreements, including leases for non-residential real property (i.e. commercial leases). The trustee--or debtor--may honor or assume those contracts that it wishes to continue, or reject those that are burdensome. Under 365(d) (3) of the Bankruptcy Code ("the Code"), the trustee or debtor has a statutory right to assume or reject the class of contracts called "executory" contracts or unexpired leases.

An executory contract is a contract in which meaningful performance is due on both sides. Professor Vernon Countryman stated the view which most courts have adopted: "the obligations of both the bankrupt and the other party to the contract are so far unperformed that the failure of either to complete the performance would constitute a material breach excusing the performance of the other." (Executory Contracts in Bankruptcy). With some modifications, unexpired leases are considered the equivalent of executory contracts.

The Code expressly deals with the performance obligations of the debtor/tenant under a non-residential real property lease. The Code requires a debtor to perform the obligations under an unexpired lease or contract which arises within the first 60 days after a petition is filed, until the lease or contract is assumed or rejected. However, the extension may not be beyond that 60-day period. In other words, if a lease required a debtor to repair a roof by a date which was the 25th day after the petition was filed, the time to fix the roof could only be extended for 35 days. This restriction applies to the payment of rent. Hence, a debtor/tenant cannot avoid payment of rent, or any other lease obligation, while in a bankruptcy proceeding. Many debtor/tenants attempt to use 365 to avoid paying rent during the first 60 days of their bankruptcy cases. But upon the expiration of the 60-day period, the debtor must assume an unexpired real property lease and cure all defaults, including payment of all unpaid rent, or the lease will be deemed rejected under 365(d) (4).

365(d) (3) has been an intricate and difficult problem for the courts. Some courts have required the immediate payment of pre-rejection rent, even though this may treat a lessor better than other administrative expense (postpetition) claimants. Other courts have determined that 365(d) (3) does not create a rent claim with priority over other administrative expense claims. A third group of courts have attempted to resolve the "timely performance" language with the absence of an express grant of priority. This last group of courts order immediate payment of rent accrued during the pre-rejection period but require later reimbursement to provide the same dividend to other administrative expense claimants of equal rank. The courts do seem to agree that the amount of the claim is measured by the rent set forth in the lease, not by the property’s fair rental value.

In order to fully understand 365(d) (3), it is imperative that we discuss the legislative intent; i.e., what exactly did Congress have in mind when it created this subsection under the Bankruptcy Amendments and Federal Judgeship Act of 1984? The intent is best expressed in the words of Senator Orrin Hatch, a sponsor of the subsection. He spoke of the hardships that lessors face between the filing of the petition and the rejection or assumption of the lease. He explained that in this situation, the landlord may be forced to provide current services: i.e., the use of its property, utilities, security and other services, without receiving current payment. No other postpetition creditor is placed in this position. A supplier to a debtor need not supply merchandise without being paid C.B.D or C.O.D. Hence, a legislative decision was made to minimize the potential for harm which might by caused by delay in payment to only one class of creditors: landlords. The performance requirement of 365(d) (3) insures that the debtor timely pays its rent, as well as any other current charges, pending the assumption or rejection of the lease. Some courts have concluded, therefore, that 365(d) (3) was designed to provide lessors with a claim under the lease that runs until rejection of the lease which happens only upon formal court approval or by 365(d) (4). These courts have held that lessors should be awarded postpetition, pre-rejection rent according to the terms set forth in the lease. Factors such as fair rental value, extent of occupation, and benefit to the estate then are irrelevant in determining how much is owed.

Some courts have raised the issue of whether 365(d) (3) requires timely payment by a debtor of all lease obligations billed during the postpetition, pre-rejection period, regardless of whether the items billed relate to part of the prepetition period, or whether the courts should prorate (to divide, share or distribute proportionally) debtor’s lease obligations for the postpetition, pre-rejection period. For example, 365(d) (3) is unclear as to when a debtor’s obligation to reimburse the landlord for real estate taxes arises (especially absent a state law provision granting taxes retroactive lien status). However, the legislative history provides persuasive evidence that Congress did not intend 365(d) (3) to include debtor’s rental obligations arising prepetition but billed postpetition. Nothing in the legislative history indicated that Congress intended 365(d) (3) to do away with the longstanding practice under 503(b) (1) of prorating debtor’s rent to cover only the postpetition, pre-rejection period, regardless of the billing date. If landlords could recover for items of rent which are billed during the postpetition, pre-rejection period, but which represent payment for services rendered by the landlord outside this time period, they would be receiving a windfall payment, to the detriment of other creditors.

A majority of the courts that have considered this issue have held that under 365(d) (3), rent should be prorated to cover only the postpetition, pre-rejection period, regardless of when the billing date arises. Those few court which have held that the billing date determines when lease obligations arise have produced results which, given the legislative history, contradict Congress’ intent.

Courts applying 365(d) (3) should not rely mechanically on the billing date in determining which postpetition, pre-rejection obligations under a non-residential lease must be paid timely. The majority of courts that have examined this issue have reached the same conclusion: 365(d) (3) provides a right, not a remedy. Although a landlord of an unassumed lease may use default in payment as grounds for objecting to an extension of the debtor’s time for assumption or rejection, this will not result in payment. 365(d) (3) does contain a clear command that the debtor "shall timely perform" the tenant’s obligation to pay rent. This command must be obeyed even though to do grants a priority as a practical matter.

Ira Levee, Esq, is a member of the law firm of Ravin, Sarasohn, Cook, Baumgarten, Fisch & Rosen, 103 Eisenhower Parkway, Roseland, NJ 07068; 973-228-9600, Fax 228-9250. Steven Smith is a summer associate with the firm.

Lease Signings

Carfaro Company (330-747-2661) leased 2,718 sq.ft. to LensCrafters at Kennedy Mall in Dubuque, IA and 3,180 sq.ft. to Wizards of the Coast at South Hill Mall in Puyallup, WA.

The Sansone Group, Inc. (314-727-6664) leased 2,100 sq.ft. to Jenny Craig at Plaza at Sunset Hills in Sunset Hills, MO and 1,667 sq.ft. to AT&T Wireless PCS at The Promenade at Brentwood in St. Louis, MO.

Aries Deitch & Endelson, Inc. (914-949-2800) leased 4,500 sq.ft. to Super Buffet at Crossroads Shopping Center in White Plains, NY.

Montgomery CV Realty Trust (610-825-7100) leased 4,000 sq.ft. to Royal Auto at Bristol Plaza Shopping Center in Bristol, PA; 33,326 sq.ft. to Clemens Markets at County Line Shopping Center in Souderton, PA; 3,400 sq.ft. to Just-A-Buck at Laurel Mall in Hazelton, PA; 1,440 sq.ft. to Holiday Hair at New Holland Shopping Center in New Holland, PA; 1,600 sq.ft. to TSR Wireless at MacDade Mall in Holmes, PA; 4,022 sq.ft. to Gipsy Horse and 900 sq.ft. to Cost Cutters Family Hair Care at Marlton Crossing in Marlton, NJ; 3,326 sq.ft. to The Dollar Store and 2,640 sq.ft. to Korner Cafe at North Penn Marketplace in Lansdale, PA; 17,619 sq.ft. to Central Tractor Farm and Country at Weis Plaza in Kutztown, PA and 8,050 sq.ft. to Linen Factory Outlet at Woodlyn Shopping Center in Woodlyn, PA.

Wick Enterprises (732-750-4444) leased 6,100 sq.ft. to East Coast Piano and space to Miami Subs Grill/Arthur Treacher’s Seafood Grille at Wick Shopping Plaza in Edison, NJ.

Erwin L. Greenberg Commercial Corporation (410-837-2500) leased 8,000 sq.ft. to Corning Revere Value Center, 3,000 sq.ft. to Los Aztecas Mexican Restaurant and 2,400 sq.ft. to Bargains Plus at White Marlin Mall in Ocean City, MD.

Central Realty (314-862-5557) leased 15,000 sq.ft. to Westlake Ace Hardware and 7,680 sq.ft. to Dollar General at Northpark Shopping Center in Warrensburg, MO; 7,200 sq.ft. to Sears at Shawnee Square Shopping Center in Harrisburg, IL; 6,480 sq.ft. to Big A Auto Parts at Country Corners Shopping Center in Washington, MO; 5,575 sq.ft. to J.P. Fields of Webster Groves in Webster Groves, MO; 4,500 sq.ft. to Hibbett Sporting Goods at Fairview Park Plaza in Centralia, IL; 3,000 sq.ft. to Renter’s Choice at Huck Finn Shopping Center in Hannibal, MO; 2,790 sq.ft. to Rapid Rentals at Village Square Shopping Center in Effingham, IL; 2,400 sq.ft. to Video Warehouse at Red Oak Shopping Center in Red Oak, IL and 1,422 sq.ft. to National Cash Advance at Keosippi Mall in Keokuk, IA.

Korman Commercial Properties (215-244-5100) leased 97,805 sq.ft. to Big Kmart at a former Clover Department Store location at Penrose Plaza in southwest Philadelphia, PA.

Who’s Opening & Where

The Gap (415-952-4400) plans to open a 9,000 sq.ft. Gap/Gap Kids store and a 7,000 sq.ft. Banana Republic store at River Park Square in Spokane, WA. The Gap/Gap Kids stores are expected to open during August 1999 and the Banana Republic store is expected to open during 2000. The company also plans to open an 18,557 sq.ft. Old Navy Clothing Co. store at Logan Valley Mall in Altoona, PA; a 16,500 sq.ft. Old Navy Clothing Co. store at Viewmont Mall in Scranton, PA and a 15,002 sq.ft. Old Navy Clothing Co. store at Phillipsburg Mall in Phillipsburg, NJ during Spring 1999. In addition, the company is planning to open a 4,206 sq.ft. Gap/Gap Kids store at Lycoming Mall in Williamsport, PA; a 9,350 sq.ft. Gap/Gap Kids store at Phillipsburg Mall in Phillipsburg, NJ; a 7,326 sq.ft. Gap/Gap Kids store at Patrick Henry Mall in Newport News, VA; a 9,650 sq.ft. Gap/Gap Kids store at Viewmont Mall in Scranton, PA and a 4,206 sq.ft. Gap Kids store at Nittany Mall in State College, PA during Fall.

Darden Restaurants, Inc. (407-245-4000) plans to open 50 Bahama Breeze Caribbean-style restaurants East of the Mississippi River in the coming five years.

Barnes & Noble (212-633-3300) plans to launch a new concept called Ink at Meriden Square Mall in Meriden, CT during August. The 3,500 sq.ft. former B. Daulton store is devoted exclusively to newspapers and magazines. The company plans to have six Ink stores operating by October.

The Bon Ton Stores (717-757-7660) plans to open a 50,000 sq.ft. department store at Westfield Shops in Westfield, MA during November. It will be the company’s first unit New England.

Balls Food Stores (913-321-4223) plans to open three Hen House Markets in Kansas City, MO next Spring and Summer.

Fry’s Electronics (415-496-6100) plans to open 10 stores in the coming year, including a 240,000 sq.ft. supercenter in Fremont, CA and a 500,000 sq.ft. store in the Central Valley area of northern CA.

TVI, Inc. (206-450-2327) recently opened an 18,600 sq.ft. Savers store at a former Payless Drug location in Waipahu, HI; a 30,170 sq.ft. Savers store at a former Thrifty Foods location in Las Vegas, NV; a 22,900 sq.ft. Savers store in Westland Plaza in Westland, MI; a 34,610 sq.ft. Savers store at a former Albertsons location in Denver, CO; a 23,314 sq.ft. Savers store at Reynolds Plaza in Toledo, OH; a 24,435 sq.ft. Savers store at a former Alpha Beta Grocery store in La Mirada, CA; a 28,000 sq.ft. Savers store at a former OfficeMax location in Denver, CO and a 21,840 sq.ft. Savers store at a former Menards location in Sioux Falls, SD.

Eckerd Drug (813-399-6355) plans to open an 11,200 sq.ft. store in Gainesville, FL during October.

Toys ‘R Us, Inc. (201-599-8090) recently opened a 37,000 sq.ft. Babies ‘R Us store in Peabody, MA. It was the 100th unit for the chain. The company plans to open as many as 20 additional stores by the end of 1999.

Peter Piper Pizza (602-995-1975) recently opened a 17,000 sq.ft. restaurant in Austin, TX. The unit features 80 amusement, video and redemption games for kids of all ages, as well as a 16-horse carousel, a soft-play unit and a toddlers play area. A second unit is planned for the Austin market. Currently, the company operates 130 restaurants in seven southwestern states and Mexico.

Back Yard Burgers (901-367-0888) plans to open a restaurant at Hamburg Place in Lexington, KY during October through franchisee JACS Development, Inc. JACS Development is planning to open as many as eight units in the coming years in the Lexington market.

Edwards Theatres Circuit, Inc. (714-640-6403) plans to open a 78,000 sq.ft., 14-screen movie theater in Ontario, CA during November.

Eagle Hardware & Garden, Inc. (425-227-5740) plans to open a 159,000 sq.ft. store at Anaheim Centre in Anaheim, CA during 1999 and a 159,000 sq.ft. store at The Marketplace III in Irvine, CA during 1999.

Federated Department Stores (513-579-7000) plans to expand its Macy’s store at Biltmore Fashion Park in Phoenix, AZ by 60,000 sq.ft. The work is expected to be completed by the Fall of 1999.

Food Tenants Hungry for Sites in New England

Cosi Sandwich Bar operates seven locations in NY. The restaurants, featuring hearth-baked flat bread called pizza Romana, occupy spaces of 2,500 sq.ft. in downtown store fronts. Plans call for 24 openings through 1999. Expansion will take place in MA, IL, PA and Washington, D.C. Expansion into CA is planned for 2000. Preferred demographics include a population of 60,000 within 1.5 miles earning $50,000 as the average income. Leases running 10 years, with two five-year options, are typical.
For more information, contact Sheo Wainwright, Cosi Sandwich Bar, 38 East 45th Street, New York, NY 10017; 212-883-6811, Fax 949-1652.

Shelter/Ruppert’s Group does business as Rosa Mexicano, Piatti Pronti and City Grill at six locations in NY. The restaurants occupy spaces of 2,000 sq.ft. to 4,000 sq.ft. in downtown store fronts, power centers and regional malls. Plans call for as many as two openings in the coming 18 months. Expansion will take place in Fairfield County, CT and New York City, NY. Leases running 10 years, with options, are typical.
For more information, contact Doug Riebez, Shelter/Ruppert’s Group, 2328 Broadway, New York, NY 10024-4335; 212-877-3210, Fax 724-2750.

Bess Eaton Donut Flour Co., Inc. trades as Bess Eaton Coffee & Bake Shops at 52 locations in CT, MA and RI. The restaurants, featuring coffee and baked goods, occupy spaces of 2,122 sq.ft. in freestanding facilities. Plans call for 12 openings in the coming 18 months. Expansion will take place in the existing markets. Leases running 15 years are typical.
For more information, contact Timothy Londregan, Bess Eaton Donut Flour Co., Inc., 79 Tom Harvey Road, Westerly, RI 02891-3617; 401-596-0171, Fax 596-0114.

The Nutty Bavarian operates 165 locations nationwide. The stores, which feature cinnamon glazed nuts, occupy kiosk space in regional malls, outlet and specialty centers. Plans call for as many as 75 openings in the coming 18 months. Expansion will take place nationwide, with an emphasis on the New England and West Coast regions. Leases running three to six months are typical and the company is licensing its concept.
For more information, contact Cindy Terrell, The Nutty Bavarian, 37 Skyline Drive, Suite 2106, Lake Mary, FL 32746; 407-444-6322, Fax 444-6335, e-mail nuttybav@aol.com.

Daniel Webster/Hearth ‘N Kettle Management trades as Hearth ‘N Kettle at eight locations in MA. The restaurants occupy spaces of 8,000 sq.ft. in freestanding facilities. Plans call for one opening in the coming 18 months. Expansion will take place in Eastern MA. Leases running 20 years are typical.
For more information, contact V.J. Catania, Daniel Webster/Hearth ‘N Kettle Management, 141 Falmouth Road, Hyannis, MA 02601; 508-771-0040, Fax 771-0883.

Zheng’s Family Restaurant operates nine locations in GA, MD, NY, OH, PA and VA. The Chinese restaurants occupy spaces of 5,000 sq.ft. to 10,000 sq.ft. in freestanding facilities and end caps of strip centers. Plans call for as many as six openings during 1998 and as many as six openings during 1999. Expansion will take place in CT, MA, NH, VT, DE, MD, NJ, NY, PA and VA. Leases running 10 years, with two five-year options, are typical.
For more information, contact David Agronsky, Zheng’s Family Restaurant, c/o Agronsky & Company, 501 Slaters Lane, Suite 907, Alexandria, VA 22314; 703-549-6684, Fax 549-4517.

Farnsworth Enterprises does business as Pat’s Pizza at 16 locations in ME. The pizza restaurants occupy spaces of 2,500 sq.ft. in freestanding facilities and strip centers. Preferred anchors include Wal*Mart, supermarkets and ice cream parlors. Growth opportunities are sought in ME and FL. Preferred demographics include a population of 25,000 within five miles earning $35,000 as the average income. Leases running five years are typical and the company, which is franchising, prefers a vanilla shell.
For more information, contact Bruce Farnsworth, Farnsworth Enterprises, 11 Mill Street, Orono, ME 04473-1727; 207-866-2111, Fax 866-3304.

Restaurant Sites represents the following eight restaurants chains: Shorty’s Restaurant operates six locations in NH. The restaurants occupy spaces of 6,000 sq.ft. in freestanding facilities. Plans call for three openings in the coming 18 months. Expansion will take place in MA and NY. Preferred demographics include a population of 100,000 within three miles earning $60,000 as the average income. Leases running 15 years are typical and the company cites Applebee’s as competition. Jose Tejas operates five locations in DE, MA and NJ. The Mexican restaurants occupy spaces of 7,000 sq.ft. in freestanding facilities on three acres of land. Plans call for three openings in the coming 18 months. Expansion will take place in the Mid-Atlantic region. Preferred demographics include a population of 750,000 within three miles earning $55,000 as the average income. The company prefers to purchase its locations.

Friendly Ice Cream Corp., trading as Friendly’s, operates 450 locations in the Northeastern region. The family restaurants, which are known for their ice cream, occupy spaces of 4,000 sq.ft. in freestanding facilities. Plans call for 20 openings in the Northeastern region, including five units planned for MA and NH in the coming 18 months. The company is franchising.

Old Country Buffet and Hometown Buffet operate 400 locations nationwide. The buffet-style restaurants occupy spaces of 10,000 sq.ft. in strip centers. Plans call for 10 openings in the coming 18 months. Expansion will take place in NJ, NY and New England. Preferred demographics include a population of 150,000 within three miles earning $45,000 as the average income. Leases running 15 years are typical.

Taco Bell operates 6,000 units nationwide. The Mexican fast food restaurants occupy spaces of 2,000 sq.ft. in freestanding facilities. Growth opportunities are sought in MA and NH.

On The Border operates six locations in MD, MA and NJ. The Mexican restaurants occupy spaces of 7,500 sq.ft. in freestanding facilities. Plans call for 10 openings in the coming 18 months. Expansion will take place throughout New England and in upstate NY.

Chili’s Restaurants operates 450 locations nationwide. The casual restaurants occupy spaces of 6,000 sq.ft. in freestanding facilities. Preferred anchors include regional malls. Plans call for 10 openings in the coming 18 months. Expansion will take place in New England. Preferred demographics include a population of 100,000 within five miles earning $55,000 as the average income. Leases running 15 years are typical and the company, which is franchising, cites TGI Friday’s and Applebee’s as competition. Dakota Steakhouse operates eight units in CT, NY and VT. The steak houses occupy spaces of 10,000 sq.ft. in freestanding facilities. Plans call for two openings in the coming 18 months. Expansion will take place in the Northeastern region.
For more information on the above eight restaurant concepts, contact Richard Gallivan, Restaurants Sites, 28 Somers Road, Hampden, MA 01036; 413-566-0216, Fax 566-2227; e-mail growth@restaurantsites.com; home page restaurantsites.com. The company is also a member of The Restaurant Connection, an international restaurant broker network.

Frankie’s Franchise Systems trades as Frankie’s at seven locations in CT. The restaurants occupy spaces of 2,500 sq.ft. in freestanding facilities and strip centers. Growth opportunities are sought in CT and MA. The company is franchising.
For more information, contact Van DiCorpo, Frankie’s Franchise Systems, 643 Lakewood Road, Waterbury, CT 06704; 203-756-2935.

New Construction

AIG Baker Shopping Center Properties, L.L.C. plans to develop Silverado Ranch Station in Las Vegas, NV. The 400,000 sq.ft. project, located at the intersection of Silverado Ranch Boulevard and Eastern Avenue will be anchored by a Target Greatland Store. In addition, the project will have six anchor tenants whose square footage will range from 23,000 sq.ft. to 140,000 sq.ft. and announcements for tenants in the supermarket, drug, book and apparel catagories are expected soon. Additionally, there will be approximately 90,000 sq.ft. of in-line small shop space and seven outlots for restaurants, convenience and service uses will also be developed. The first tenants are expected to open during July 1999.
For more information, contact Tammy Johnson at (800-277-0606).

Simon DeBartolo Group is planning a major renovation of Mission Viejo Mall in Mission Viejo, CA at a cost expected to exceed $100 million. The revamping of the mall will include expanding it by one-third, replacing 85% of its specialty stores and restaurants and adding Nordstrom and Saks Fifth Avenue to its anchor line-up. Current anchors Macy’s and Robinson-May will also have their stores expanded and remodeled. The renovations are expected to be completed by Christmas 1999.
For more information, contact Keith Browing at (317-636-1600).

Walpert Properties, Inc. recently completed the redevelopment of The Crossings at Halls Ferry in Ferguson, MO. The 277,000 sq.ft. project is anchored by a 130,000 sq.ft. Home Depot and a 50,000 sq.ft. Shop ‘n Save Supermarket. Other tenants at the site include JoAnn Fabrics, Video Update, Ashley Stuart, Simply Fashions and Nu-Fashion. The project is located on the 28-acre site of the former Central City Shopping Center which was anchored by Central Hardware. The only remaining building from the former center is a renovated structure located at the northwest corner of the property that is tenanted by Emperor’s Wok, Grand Beauty Supply, Computer Renaissance and Motor Vehicle License Bureau.
For more information, contact Tony Bosworth at (314-567-1221).

United Equities, Inc. recently completed Fiesta Plaza in Dallas, TX. The 90,000 sq.ft. project is anchored by a 48,000 sq.ft. Fiesta Mart Supermarket. Other retailers at the site include Blockbuster Video, Little Caesars, Sally Beauty Supply, One Price Clothing and Yes Appliances. The company also recently completed Fiesta Plaza-Webb Chapel in Dallas, TX. The 80,000 sq.ft. project is anchored by a 43,000 sq.ft. Fiesta Mart Supermarket. Other retailers include Hollywood Video, Sally Beauty Supply, One Price Clothing and Action Rent To Own.
For more information, contact United Equities at (713-772-6262), Fax (981-4035).

Financial News

Safeway, Inc. (510-467-3000) reported that its second quarter net income increased to $193.2 million from $129.9 million during the second quarter last year. Last year’s net income was adversely affected by an extraordinary loss of $4.2 million due to the early retirement of debt and a 75-day labor dispute affecting 74 stores in Canada. Second quarter sales increased 6.4% to $5.6 billion from $5.2 billion last year and comparable store sales increased 7.4%. During the first half of the year, the company opened 13 stores and is planning to open an additional 27 by the end of the year. The company currently operates 1,378 supermarkets throughout North America.

Hastings Entertainment, Inc. (806-372-2300) reported that its first quarter net earnings increase 30.7% to $1.2 million from $920,000 during the first quarter last year. Total revenues for the quarter increased 14% to $89.4 million from $78.4 million last year and comparable store sales increased nine percent. The company operates 120 multimedia stores, averaging 21,200 sq.ft., in small to medium-sized markets in the Midwestern and Western regions.

Crown Books Corporation (301-731-1200) recently announced that it is likely that the company will commence a voluntary reorganization proceeding under Chapter 11 of the bankruptcy code. The company has previously disclosed that it is exploring alternatives for maintaining adequate liquidity as a result of substantial declines in the company’s financial performance and deterioration of its business in recent years.

Lead Sheet
Double J of Broward, Inc.
dba Ritchie Swimwear
Michael Berger
4525 East 11th Avenue
Hialeah, FL 33013
305-681-0672, Fax 687-0537
e-mail: bacibella@aol.com
home page: www.ritchieswimwear.com

Apparel

The seven-unit chain operates locations in FL. The stores, selling swimwear, occupy spaces of 600 sq.ft. to 1,000 sq.ft. in specialty centers. Preferred co-tenants include junior apparel retailers and high-end department stores. Plans call for as many as two openings in the coming 18 months. Expansion will take place in the Sunbelt states. Leases running five to seven years are typical.

Gingiss Formalwear, Inc.
dba Gingiss Formalwear
Elaine Hundrieser
2101 Executive Drive
Addison, IL 60101-1482
630-620-9050, Fax 620-8840

Apparel

The 250-unit chain operates locations nationwide. The stores, offering men’s and boy’s formalwear, occupy spaces of 900 sq.ft. to 1,500 sq.ft. in regional malls and strip centers. Preferred anchors include movie theaters, record stores, supermarkets and video stores. Growth opportunities are sought nationwide. Preferred demographics include a population of 150,000 within five miles earning $35,000 as the average income. Leases running 10 years are typical and the company is franchising.

International Top Valve Automotive, LLC
dba Top Value Muffler & Brake Shops
Richard Zimmer
36887 Schoolcraft Road
Livonia, MI 48150
734-462-3633, Fax 462-1088

Automotive

The 42-unit chain operates locations in GA, IN, MI, OH and OR. The automotive service centers, specializing in exhaust, brakes, shocks and air conditioning repairs, occupy spaces of 1,500 sq.ft. to 3,500 sq.ft. in downtown store fronts, freestanding facilities, specialty and strip centers. Plans call for 10 openings in the coming 18 months. Expansion will take place in MI, IN and OH. Preferred demographics include a population of 50,000 within five miles earning $20,000 as the average income. Leases running five years are typical and the company, which is franchising, cites Midas, Meineke and Tuffy as competition.

Reverie Fine Linens & Down
Jim Blumberg
c/o Robin Realty Company
125 Second Avenue North
Nashville, TN 37201
615-242-1122, Fax 242-3220

Bedding

The company operates one unit in TN. The store, selling upscale bedding and linens, occupies a 3,500 sq.ft. space in a specialty center. Preferred co-tenants include upscale retailers. Plans call for one opening in the coming 18 months. Expansion will take place in either TN, St. Louis, MO or Atlanta, GA. Preferred demographics include a population of 250,000 within five miles earning $40,000 as the average income. Leases running 10 years are typical.

Inter City Oil Co.
dba ICO
Jay Weber
1921 South Street
Duluth, MN 55812
218-728-3641

Convenience Store

The 38-unit chain operates locations in MI, MN and WI. The convenience stores occupy spaces of 1,800 sq.ft. to 3,000 sq.ft. in freestanding facilities. Growth opportunities are sought in the existing markets.

The Body Shop
Director of Real Estate
5036 One World Way
Wake Forest, NC 27587
919-554-4900, Fax 554-4361

Cosmetics

The 300-unit chain operates locations nationwide. The stores, selling ecologically friendly/non-animal tested cosmetics and skin care products, occupy spaces of 800 sq.ft. to 1,000 sq.ft. in downtown store fronts and regional malls. Plans call for as many as 60 openings in the coming 18 months. Expansion will take place nationwide.

Peebles, Inc.
dba Peebles Department Store
David Bordsen
One Peebles Street
South Hill, VA 23970
804-447-5414, Fax 447-5474
e-mail: dbordsen@msinets.com
home page: peebles-stores.com

Department Store

The 110-unit chain operates locations in AL, DE, IN, KY, MD, MO, NJ, NY, NC, OH, PA, SC, TN, VA and WV. The department stores occupy spaces of 15,000 sq.ft. to 35,000 sq.ft. in regional malls, power and strip centers. Preferred co-tenants include Kmart, JC Penney, Wal*Mart and supermarkets. Plans call for 10 openings in the coming 18 months. Expansion will take place in the Eastern region. Leases running 15 years are typical.

Dryclean USA Management, Inc.
dba Dryclean USA
Lee Rose
51 West 135th Street
Kansas City, MO 64145-1289
816-943-0575, Fax 943-0875

Drycleaners

The 332-unit chain operates locations in FL, IN, KS, KY, MO, ND, OH, SC and TN. The drycleaners occupy spaces of 2,000 sq.ft. in freestanding facilities and end caps of strip centers. Growth opportunities are sought in the existing markets.

The Good Guys
dba The Good Guys, Wow
Brad Kaye
7000 Marina Boulevard
Brisbane, CA 94005
415-615-5000, Fax 615-6288

Electronics

The 72-unit chain operates locations in CA, NV, OR and WA. The stores, selling consumer electronics, occupy spaces of 20,000 sq.ft. to 55,000 sq.ft. in power and strip centers. Plans call for 15 The Good Guys openings and six Wow openings in the coming 18 months. Expansion will take place in CA, OR and WA. The Wow concept is joint venture with Tower Records.

Bally Total Fitness
David Smith
8700 West Bryn Mawr Avenue
Chicago, IL 60631-3504
773-380-3000, Fax 399-0168

Fitness

The 330+-unit chain operates locations nationwide. The health and fitness clubs occupy spaces of 25,000 sq.ft. to 45,000 sq.ft. in freestanding facilities and power centers. Plans call for 30 openings in the coming 18 months. Expansion will take place nationwide. Preferred demographics include a population of 200,000 within five miles. Leases running 10 to 15 years are typical.

Johnson’s General Stores
Jay Johnson
4110 West 33rd Street South
Wichita, KS 67215
316-942-6776

General Merchandise

The 10-unit chain operates locations in KS and MO. The general merchandise stores occupy spaces of 2,400 sq.ft. in freestanding facilities. Plans call for two openings in the coming 18 months. Expansion will take place in the existing markets.

Dreams Franchise Corp.
dba Field of Dreams
Joey Casey
42-620 Caroline Court
Palm Desert, CA 92211
760-776-1010, Fax 779-0217
e-mail: dreamsmail@aol.com
home page: www.field-of-dreams.com

Gifts

The 29-unit chain operates locations in AZ, CA, CO, FL, GA, HI, IL, IN, MI, MN, NV, NJ, NM, NC, OR, PA, TX and WA. The stores, selling sports and celebrity memorabilia, occupy spaces of 1,000 sq.ft. to 1,800 sq.ft. in regional malls. Preferred anchors include Lord & Taylor, Nordstrom, Neiman Marcus and Saks. Plans call for 15 openings in the coming 18 months. Expansion will take place in the existing markets. Leases running eight years are typical.

Haircut Place
Samantha Mills
1450 Frazee Road, Suite 312
San Diego, CA 92108
619-296-0377

Hair Salon

The 18-unit chain operates locations in CA. The hair salons occupy spaces of 800 sq.ft. to 1,500 sq.ft. in regional malls. Preferred anchors include TJ Maxx, Kmart, Wal*Mart and supermarkets. Plans call for the opening of four units in the coming 18 months. Expansion will take place in Orange and San Diego counties in CA.

A Royal Suite
dba A Royal Suite, American Waterbeds
Steve Miniz
1440 Bear Valley Road
Victorville, CA 92392
760-955-1911, Fax 241-2758

Home Furnishings

The 11-unit chain operates locations in CA. The furniture stores occupy spaces of 1,000 sq.ft. to 3,000 sq.ft. in freestanding facilities, regional malls and strip centers. Growth opportunities are sought in the existing market.

Gill-Roy’s Hardware
Bob Morgan
6443 West Pierson Road
Flushing, MI 48433-2382
810-659-2291, Fax 659-5019

Home Improvement

The 19-unit chain operates locations in GA and MI. The stores, selling hardware, electrical, plumbing and lawn and garden supplies, occupy spaces of 8,000 sq.ft. to 10,000 sq.ft. in freestanding facilities. Growth opportunities are sought in the existing markets. The company prefers to purchase its locations.

Westlake Hardware, Inc.
dba Westlake Hardware
Doug Burton
15501 West 99th Street
Lenexa, KS 66219-1254
913-888-0808, Fax 888-2153

Home Improvement

The 63-unit chain operates locations in AR, IA, KS, NE, NM, ND, OK and TX. The hardware stores occupy spaces of 22,000 sq.ft. in freestanding facilities and strip centers. Preferred anchors include Hobby Lobby and supermarkets. Plans call for five openings in the coming 18 months. Expansion will take place in the Midwestern region. Preferred demographics include a population of 50,000 within three miles earning $40,000 as the average income. Leases running 10 to 15 years are typical.

Amerco
dba U-Haul
Matt Braccia
2727 North Central Avenue
Phoenix, AZ 85004
602-263-6811, Fax 263-6842

Service

The 1,300-unit chain operates locations throughout North America. The stores, offering self storage units, moving van and trailer rentals, occupy spaces of at least 50,000 sq.ft. in freestanding facilities. Preferred co-tenants include Home Depot, Outback Steakhouse and Cracker Barrel. Plans call for 50 openings in the coming 18 months. Expansion will take place throughout North America. Preferred demographics include a population of 100,000 within four miles earning $45,000 as the average income.

Lichterman Shoe Co.
dba Dottie’s, Lotties, Spiegle’s and Steinmart
Barry Lichterman
712 E.H. Crump Boulevard
Memphis, TN 38126
901-774-8920, Fax 774-8929

Shoes

The 67-unit chain operates locations in AR, CO, FL, GA, IN, KY, NC, SC, TN and VA. The family shoe stores occupy spaces of 3,000 sq.ft. in regional malls and strip centers. Growth opportunities are sought in AR, CO, GA, IN, MN, MS, NE, NC, PA, SC, TN, TX and VA. Leases running two years are typical.

Tractor Supply Co.
Stephen E. Hull
320 Plus Park Boulevard
Nashville, TN 37217-1001
615-366-4600, Fax 366-4686

Specialty

The 240-unit chain operates locations in AR, TX, OK, KS, MO, NE, ND, SD, MT, MN, IL, IN, TN, NC, SC, MS, MI, OH, PA, MD, KY and VA. The stores, selling farm, ranch and home products, occupy spaces of 20,000 sq.ft. in freestanding facilities and strip centers. Preferred co-tenants include Kmart, TJ Maxx, Wal*Mart and supermarkets. Plans call for 30 openings in the coming 18 months. Expansion will take place in NC, OK, SC and TX. Preferred demographics include a population of 50,000 within 15 miles earning $40,000 as the average income. Leases running 10 years are typical.

Treasure Island, Inc.
dba Treasure Island
Bob Ishkanian
380 Franklin Turnpike
Mahwah, NJ 07430
201-529-1771, Fax 529-3755

Specialty

The 16-unit chain operates locations in NJ and NY. The stores, selling outdoor furniture, holiday decorations and arts and crafts, occupy spaces of 25,000 sq.ft. in freestanding facilities, power and strip centers. Growth opportunities are sought in the existing markets.

Harris-Teeter, Inc.
dba Harris-Teeter
Ted Barnes
701 Crestdale Drive
Matthews, NC
28105-1700
704-845-3100, Fax 845-3476

Supermarkets

The 140-unit chain operates locations in GA, NC, SC, TN and VA. The supermarkets occupy spaces of 20,000 sq.ft. to 65,000 sq.ft. in freestanding facilities and strip centers. Plans call for 15 openings in the coming 18 months. Expansion will take place in the existing markets.

Pathmark Stores, Inc.
dba Pathmark
Harvey Gutman
200 Milik Street
Carteret, NJ 07008
732-499-3000, Fax 499-3100

Supermarkets

The 135-unit chain operates locations in CT, DE, NJ, NY and PA. The supermarkets occupy spaces of 50,000 sq.ft. in freestanding facilities and strip centers. Plans call five openings in the coming 18 months. Expansion will take place in DE, NJ, NY and PA. Leases running 25 years are typical.

J.C. Flicks
dba J.C. Flicks Video
Joe Wojcik
20639 South Amherst Court
Joilet, IL 60433
815-727-9370

Video

The 19-unit chain operates locations in AZ, CO and IL. The video stores occupy spaces of 5,000 sq.ft. to 10,000 sq.ft. in strip centers. Preferred anchors include Kmart, Wal*Mart and supermarkets. Growth opportunities are sought in CO, IL, IA, MY, UT and WY. Leases running five years are typical.

Space Place

Connecticut

Mansfield- Mansfield Shopping Center is anchored by Big Y Supermarket and Angelino’s Italian. The 130,000 sq.ft. project has a 5,400 sq.ft. space available for lease. In Naugatuck- A 6,720 sq.ft. space is available for lease at a downtown shopping center anchored by NAPA Auto Parts. In Norwalk- A 5,187 sq.ft. space is available for lease at a strip center anchored by Rite Aid. In Wallingford- A 6,000 sq.ft. space is available for lease at a strip center anchored by Shaw’s Supermarket, Blockbuster and Radio Shack. In Waterford- A 7,280 sq.ft. space is available for lease at a strip center anchored by Benny’s and Steinbach’s.
For details, contact Jim Matthews of Prime Locations at (972-991-7000), Fax (991-1218).

North Haven- Waldbaum’s Shopping Center is anchored by Waldbaum’s, CVS and Fashion Bug. The 120,000 sq.ft. project has space available for lease. In Orange- Orange Center is anchored by TJ Maxx. The 162,000 sq.ft. project has space available for lease.
For details, contact Mary Ann Savarese of RD Management at (212-265-6600), home page (www.rdmanagement.com).

Stamford- A 3,600 sq.ft. corner location with high visibility is available for lease in the downtown area. The daily traffic count of the intersection is 25,000. The site is located near a new 1,600 seat cinema and a new University of Connecticut at Stamford campus. Demographics include a five-mile population of 144,000 earning $133,000 as the average family income. Retailers in the area include Macy’s, Sak’s 5th Avenue, Filene’s, Joseph A. Banks and Caldor.
For details, contact John Ruotolo of the Stamford Downtown Special Services District at (203-348-5285).

Waterford- Waterford Parkway North is anchored by Wal*Mart. The 170,000 sq.ft. project has space available for lease in a 50,000 sq.ft. expansion area. Demographics include a five-mile population of 73,416 earning $54,377 as the average income.
For details, contact Lee Anne Klemyk of S.R. Weiner and Associates, Inc. at (617-232-8900), Fax (739-5945).

Maine

Augusta- Augusta Plaza is anchored by Kmart. The 125,000 sq.ft. project has an 8,222 sq.ft. space available for lease. In Bangor- Broadway Shopping Center is anchored by Shop & Save, TJ Maxx and Ames. The 185,000 sq.ft. project has an 8,080 sq.ft. space available for lease. In Belfast- A 7,440 sq.ft. space is available for lease at a strip center anchored by Reny’s. In Boothbay Harbor- Harbor Village Center has a 4,000 sq.ft. space available for lease. In Brewer- A 9,650 sq.ft. space is available for lease at a strip center anchored by IGA and Bob’s Discount. In Damariscotta- Coastal Marketplace is anchored by Yellowfront Grocery. The 75,000 sq.ft. project has a 3,000 sq.ft. space available for lease. In Ellsworth- Ellsworth Shopping Center is anchored by Shaw’s Supermarket and Reny’s. The 76,124 sq.ft. project has a 9,060 sq.ft. space available for lease. In Fort Kent- A 6,800 sq.ft. space is available for lease at a strip center anchored by Shop ‘N Save. In Gardiner- A 6,700 sq.ft. space is available for lease at a strip center anchored by Shop ‘N Save. In Kennebunk- Shopper’s Village is anchored by Ace Hardware, Fashion Bug and Subway. The 49,172 sq.ft. project has a 12,588 sq.ft. space available for lease. In Lewiston- A 9,384 sq.ft. space is available for lease at a strip center anchored by Sounds Easy Video. In Livermore Falls- An 8,000 sq.ft. space is available for lease. In Madawaska- Midtown Shopping Center is anchored by Kmart, Payless Shoes and Fashion Bug. The 101,000 sq.ft. project has a 13,000 sq.ft. space available for lease. In Mexico- A 5,238 sq.ft. space is available for lease at a strip center anchored by Food City. In Newport- Newport Plaza is anchored by Ames and Shop ‘N Save. The 102,000 sq.ft. project has a 6,250 sq.ft. space available for lease. In Pittsfield- A 7,150 sq.ft. space is available for lease at a strip center anchored by Shop ‘N Save and Subway. In Presque Isle- Aroostook Center Mall is anchored by Sears, Kmart and JC Penney. The 500,000 sq.ft. project has a 5,175 sq.ft. space available for lease. In Skowhegan- Skowhegan Village Shopping Center is anchored by Skowhegan Discount Village and Radio Shack. The 130,000 sq.ft. project has a 9,460 sq.ft. space available for lease. In South Paris- A 9,700 sq.ft. space is available for lease at a strip center anchored by Big A Auto Parts. In Winthrop- A 7,680 sq.ft. space is available for lease at strip center anchored by Mister Market. In York- A 7,694 sq.ft. space is available for lease at a strip center.
For details, contact Jim Matthews of Prime Locations at (972-991-7000), Fax (991-1218).

Massachusetts

Fall River- Riverview Marketplace is anchored by Super Shaw’s, CVS and H&R Block. The 97,000 sq.ft. project has spaces of 2,700 sq.ft., 3,600 sq.ft. and 4,100 sq.ft. available for lease. Demographics include a five-mile population of 28,667 earning $49,470 as the average household income. In Watertown- Watertown Mall is anchored by Omni Foods, Bradlees, GAP and Old Country Buffet. The 250,000 sq.ft. project has spaces of 830 sq.ft., 4,900 sq.ft. and 11,200 sq.ft. available for lease. Demographics include a three-mile population of 301,000 earning $59,000 as the average household income.
For details, contact Joshua Weinkranz (Riverview) or David Rosen (Watertown Mall) of Rosen Associates Management Corp. at (516-333-2000), Fax (333-7555).

Bellingham- Charles River Center is anchored by Hoyt’s Theaters, Nature’s Heartland and Linens ‘N Things. The 200,000 sq.ft. project has spaces of 1,992 sq.ft., 6,480 sq.ft. and 25,000 sq.ft. available for lease. Demographics include a five-mile population of 81,286 earning $63,790 as the average income. In Plymouth- Miles Standish Plaza is anchored by Stop & Shop, Marshalls and Staples. The 162,000 sq.ft. project has spaces of 2,340 sq.ft., 2,950 sq.ft. and 17,000 sq.ft. available for lease. Demographics include a five-mile population of 43,408 earning $65,089 as the average income. In Sturbridge- The Center at Hobbs Brook is anchored by Stop & Shop, Wal*Mart and a movie theater. The 318,000 sq.ft. project has spaces available for lease. Demographics include a five-mile population of 29,801 earning $48,453 as the average income.
For details, contact Lee Anne Klemyk of S.R. Weiner and Associates, Inc. at (617-232-8900), Fax (739-5945).