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Practice Areas & Industries: Baker & Hostetler LLP

 



Baker & Hostetler LLP

Development and Land Use Return to Practice Areas & Industries

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Practice/Industry Group Overview

Baker Hostetler's Real Estate Development and Land Use practice focuses on the representation of public and privately held organizations, as principals in development, ownership and operation of commercial, industrial, residential, retail and hotel/leisure property.

From pre-development planning, formation of joint ventures, partnerships and limited liability business arrangements, creation of planned use developments, subdivision, annexation, land use entitlements, condominium regimes, public-private infrastructure projects and vertical construction, our lawyers focus on every aspect of land use planning and development.

The full range of legal services provided to our clients centers on both national and region-specific legal issues, including all facets of land use, development, financing, leasing, construction, conveyancing, environmental compliance and zoning issues, as well as in areas of tax law related to entity formation.

Our organizational structure and one-Firm philosophy provide an invaluable asset to our clients which include owners, developers, operators, managers and investors in all industries involving real estate. Baker Hostetler's unique combination of local, regional and national market skills and capabilities distinguishes us from most of our competitors. Our multidisciplinary capabilities have helped our clients achieve their objectives. We have ability to secure the crucial state and Federal government approval of land use and environmental approvals on the time-sensitive basis that developers require. Additionally, we can counsel clients in the feasibility of obtaining tax abatements and other financial incentives from state and local governments.

Leadership in Action

Real Estate Development: Creating a new community in the cities of DeLand and Lake Helen, Florida.

Client: The St. Joe Company

Type of Matter: Master planned mixed-use community development in the cities of DeLand and Lake Helen, Florida, known as Victoria Park.

Our Client's Challenge: Take 1,800 acres of undeveloped and unentitled land, a significant portion of which is in unincorporated Volusia County, and develop a strategy for annexation into the City of DeLand, plan for the joint development with the City of Lake Helen of a Development of Regional Impact, and obtain all of the requisite local, state, and federal permits to fully entitle the project.

The Goal: Create a large mixed-use, master-planned development that seamlessly integrates into the fabric of both cities by creating an open-space system coupled with a balanced transportation system, and an array of distinctive neighborhoods and village centers which include a mix of uses such as office, retail and housing, all within one larger community.

Our Strategy: To accomplish the objective, the developer and Baker Hostetler lawyers created in collaboration with land planners and engineers, a master development plan that included creating a new land use designation called "New Community Development" which allowed for the use of innovative land use techniques, creative urban design, environmental protection and the judicious use of sustainable development, principles and practices.

Victoria Park combined the qualities of the historical neighborhoods of both cities with the progressive attributes of today's successful communities. The plan recognized the value of careful preservation and cultivation of the natural environment, and the creation of pedestrian-friendly neighborhoods that contributed to an attractive small-town scale. Additionally, an ordinance approved by both cities incorporated not only the state and federal environmental resource permits, but a Site Mitigation and Management Plan that assures the long-term management of the ecological resources of the property will integrate seamlessly with the built environment of the project.

Results: Victoria Park is today the fastest selling community in Volusia County, Florida, and is several years ahead of its schedule in the absorption of housing product.

Leadership in Action

Real Estate Development: Bringing the development of the heart of downtown Orlando to life

Client: Kuhn Companies

Type of Matter: $150 million mixed use condominium development in the heart of downtown Orlando, Florida

Our Client's Challenge: Take a key block in downtown Orlando that had languished for years and develop a project that would bring together office, residential, retail and entertainment uses to serve as a catalyst for increased excitement for people to live and work downtown.

The Goal: Create and implement a comprehensive development, construction and marketing plan for a unique, economically viable, mixed-use project, and assemble a financing package containing equity, debt and incentive components to ensure the successful completion and sale of the project.

Our Strategy: PremiereTrade Plaza is a mixed-use condominium project that includes two office towers, a residential tower, retail space and a 12 screen movie theater in the heart of downtown Orlando, Florida. Originally engaged as condominium counsel, Baker Hostetler's Orlando office created a unique condominium structure that had not previously been used in Central Florida. Our experience with residential condominiums, condominium hotels and mixed-use projects was just one key factor leading to our selection as counsel on the project. Our representation quickly expanded until we were responsible for all aspects of the project including the financing and governmental incentive matters.

Results: PremiereTrade Plaza will open in 2006 as downtown Orlando's largest redevelopment project to date.

Leadership in Action

Real Estate Development: Trail Blazing on Senior Housing Development

Client: Cleveland, Ohio area real estate developer

Type of Matter: Senior housing development

Our Client's Challenge: Be among the first in the country to develop rules and procedures for an age-restricted housing subdivision - all in accordance with Federal Law.

The Goal: Create premiere senior housing development.

Our Strategy: Review applicable Federal laws and develop common sense, easily-followed rules and procedures for our client.

Results: The rules and procedures that we created to generally limit housing sales to only persons 55 years of age or older have worked and been accepted by hundreds of new homeowners in an award-winning senior housing project.

Representative Experience:

  • Handled many aspects from the ground up, including land acquisition and financing, for a major regional hospital system's new $200 million hospital north of Cincinnati, Ohio.
  • Represented a large shopping center real estate investment trust in a $1.2 billion merger with another publicly-held shopping center company.
  • Represented the developer of The Loop, a mixed-use retail, residential, office, hotel development with approximately 1.2 million square feet of retail, 300,000 square feet of office, 100-room hotel and 500 residential units in Charlotte County, Florida.
  • Represented the developer of Harmony Development, an 11,000 acre planned community between Kissimmee and Melbourne, Florida that will embody cutting edge environmental concepts for harmony among people, animals (pets and wild) and landscaping.
  • Represented the developer of a 6,250-acre mixed-use new community development with various housing types including age-restricted active adult, town centers with retail, office and commercial, golf, and other amenities in Volusia County, Florida.
  • Represented the developer of a 600-acre commercial mixed use development including negotiation of local, state and federal loans and grants and tax increment financing.
  • Represented owners of an industrial waterfront site in New Jersey in connection with its repositioning as a residential community.
  • Restructured a six-party ownership of a $45 million multi-parcel, improved real property, including implementation of control and buy-out provisions and mechanisms for further development of the property, including its mineral interests and water rights.
  • Represented the developer of a 600-acre commercial mixed use development.
  • Represented the owners and developer of a 400 acre tract of land located south of Houston, Texas. Approximately 220 acres will be developed as a residential community and the remaining acreage will be developed with a regional commercial/retail shopping development by a major national developer.
  • Represented the developer of a 140-acre parcel of land in the Denver suburbs for a combined residential and retail development, including acquisition; annexation; zoning; subdivision that incorporated the prior owners' existing residences as separate included lots; purchasing and plugging and abandoning an operating oil well; extinguishing rights of the Union Pacific Railroad to mine coal; negotiation of a development agreement with the local municipality; and sale of the subdivided property to a major national builder.
  • Represented the owners and developer of a 500 acre master planned residential and commercial development in San Antonio, Texas.

About Our Real Estate Team

Baker Hostetler's real estate team has a history of getting projects developed and deals done. Our firm has the multidisciplinary strengths to solve all the complex contractual, environmental and tax problems that can arise in single-use or multi-use developments. We regularly work on multimillion dollar projects, and our team includes lawyers recognized by their peers as being at the top of their game.

About Baker Hostetler

Baker Hostetler lawyers help clients establish, maintain and protect market-leading positions across the United States and around the world. We offer clients the strength of 600+ lawyers in a full range of practices, a unique geographic platform including both the coasts and the center of the country, a deep knowledge of industry issues and a 90-year track record of excellence and achievement.

For more information about our Real Estate practice, contact:

National Contact

Harlan W. Robins
614.462.2665
hrobins@bakerlaw.com

Cincinnati

Marty R. Dunn
513.459.3098
mdunn@bakerlaw.com

Cleveland

Elaine A. Chotlos
216.861.7937
echotlos@bakerlaw.com

Columbus

Harlan W. Robins
614.462.2665
hrobins@bakerlaw.com

Denver

John L. Palmquist
303.764.4095
jpalmquist@bakerlaw.com

Houston

Michael Pappert
713.646.1371
mpappert@bakerlaw.com

Los Angeles

Gary York
213.975.1622
gyork@bakerlaw.com

New York

Jacqueline Weiss
212.589.4230
jweiss@bakerlaw.com

Orlando

Jeffrey E. Decker
407.649.4017
jdecker@bakerlaw.com

Washington, DC

William J. Conti
202.861.1726
wconti@bakerlaw.com


 

Clients:
Developers Diversified Realty Corp., Steiner + Associates, The Ginn Company