David Franklin's practice concentrates on real estate transactions and land use, primarily in California and Hawaii. Mr. Franklin represents clients in acquiring, leasing, financing, entitling, developing, constructing, selling and exchanging real estate. Additionally, he regularly represents clients regarding general business needs, including entity structure and formation and multi-state operations.
Mr. Franklin has represented a national warehouse membership club in negotiating purchases and leases, conducting due diligence, pursuing entitlements, assessing locations, and expanding or selling more than 100 sites throughout California, Hawaii and several other western states. For this client and others, he has prepared numerous declarations of covenants, conditions and restrictions for single developer projects and negotiated many reciprocal easement and operating agreements for multiple-owner developments of commercial, retail, residential and mixed-use projects.
The entitlements for almost all of these projects include compliance with the California Environmental Quality Act (CEQA), including working with the client and consultants to assure benefits and mitigate impacts through project location and design to improve job/housing balance, reduce length and/or frequency of car trips, implement transportation demand management programs, and obtain government approval of new and more efficient products.
Mr. Franklin's clients' projects frequently entail exactions and other requirements that necessitate coordination with local jurisdictions, and he has negotiated exclusive negotiating agreements, development agreements, disposition and development agreements, participation agreements, reimbursement agreements, financial incentive agreements and other arrangements with public entities throughout California.
Mr. Franklin's experience also includes counseling for lenders and borrowers in loan documentations, workouts, foreclosures and portfolio management, along with syndicators and investors in the formation and assessment of real estate and business investments. He also provides counsel for landowners in construction issues, for clients subject to the federal Real Estate Settlement Procedures Act (RESPA) and comparable state legislation, and for subdivision developers in registration and compliance with HUD and California Department of Real Estate for interstate land sales projects.
Recent Work / Representative Matters
Neogard Corporation v. Malott & Peterson-Grundy, 106 Cal.App.3d 213 (1980) (Required qualification to do business in California).
California Department of Industrial Relations, Public Works, Case No. 2002-100 (Costco Retail Building) Pacheco Pass Retail Center, City of Gilroy (Non-applicability of Labor Code Section 1720(b) prevailing wage requirements).
Memberships
Bar Association of San Francisco.
International Conference of Shopping Centers.
Board of Directors: Robert F. Lange Foundation - Honolulu, HI.
Publications / Presentations
Select Linked Articles
10 | 12 | 2010 Legal e-Update
Energy and Water Usage: The New Non-Disclosure Risk?
07 | 08 | 2009 Legal e-Update
Developers Beware: Development Impact Fee Deferrals Can Trigger Prevailing Wages
Media Presence / Articles About Attorney / Attorney Contribution
06 | 12 | 2008 Media Presence
Roundtable: Land Use Update
All Authored Works
Co-Author: "Energy and Water Usage: The New Non-Disclosure Risk?" - Luce Forward Legal e-Update - October 12, 2010.
Co-Author: "No Fees Not Feasible? Developers may be asking if government assistance is too good to be true" - Western Real Estate Business - November 2009.
"Contracts for Sale of Real Property Void for Waivable Subdivision Map Act Condition" - California Real Estate Journal - August 10, 2009.
"Developers Beware: Development Impact Fee Deferrals Can Trigger Prevailing Wages" - Luce Forward Legal e-Update - July 8, 2009.
"Roundtable: Land Use Update" - Attorney Participant - June 12, 2008.
Co-Author: "FCC Order Preempts Landlord Restrictions on Wi-Fi Systems" - November 9, 2006.