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Services Available
Commercial Leasing
We have experience in preparing and reviewing leases for office buildings, office parks and shopping centers for both landlords and tenants. We offer advice in designing and implementing strategies to consolidate, divest, centralize and maximize the value of real estate assets. We are involved in long-term leasing, ground leasing and build-to-suit leasing.
Sales and Purchases and Related Matters
We handle all aspects of conveying commercial, agricultural and major residential properties. Such transactions include representation of buyers, sellers, lenders, or investors, due diligence reivew of title work, surveys and other property documents, environmental review, and facilitating tax-free exchanges.
Lending and Financing
We represent major construction and permanent lenders and borrowers in commercial and residential development projects, both in conventional financings and FHA multi-family project loans. We have experience in formulating deeds of trust, mortgages and other security devices and negotiating bond enhancements and letters of credit. We counsel national and international lenders regarding legal requirements and changes applicable to their Mountain West Region lending portfolios. Our attorneys assist clients in determining and obtaining financing for all real estate assets, including leveraged leases and other innovative structured finance techniques. We have experience with real estate investment trusts, as well as the securitization and collateralization of real estate assets.
Land Use
Our practice in this area includes annexation, zoning applications, exaction challenges, subdivision plats, parcel maps, boundary line adjustments, and department of real estate public reports. We prepare clients for, or represent them in, planning commission, council or other hearings for land use approvals. We also represent landowners seeking governmental approval for land use, and have litigated cases where local governments have exceeded their authority and interferred with property rights. We have experience reviewing local land use regulations for enforceability and applicability.
Resort Development
We represent ski areas and other resort developments throughout the Mountain West Region. Our attorneys ahve experience relating to development, financing, and the purchase and sale of ski areas in Colorado, California, Wyoming, Utah, Idaho, Vermont and New England. We also have experience in the development and financing of resort communities, fractional interest projects, condominiums, hotels, golf course projects, and private residence clubs.
Construction
Our attorneys develop comprehensive architect and contractor agreements. We are experienced with neogiation of AIA, DBIA and AGC contracts and other standardized industry forms. We have experience representing owners and contractors in construction contracts and architect agreements for office campuses, shopping centers, food production plans, build-to-suit retail and resort projects. Our experience has given us insight into appropriate negotiation techniques for effective working relationships with owners, architects and contractors.
Common Interest Communities/Condominium Conversions
As more and more commercial and residential developments institute extensive covenants, many developers turn to us to assist them in drafting, preparing and enforcing these key documents. We are experienced in the legal aspects of forming and operating property owners' associations and common interest communities. We also assist clients in the conversion of rental property to privately owned condominiums.
Affordable Housing and Tax Credits
We advise clients, including nonprofit organizations, on acquisition, development and financing, including Colorado Housing and Finance Authority permanent loans, HOME and Community Development Block Grants and low income housing tax credit allocation and syndication for multifamily affordable housing real estate projects and the acquisition (using low income housing tax credits) and rehabilitation of Section 8 and Section 42 contract properties. We also have experience representing borrowers seeking large HUD or other federally-backed development loans.
Water Rights
As the largest water law practice in the Mountain West Region, we not only have experience with the transfer and protection of water rights, but we work with special districts and reservoir and irrigation companies as well as regulatory agencies on licensing, augmentation and flood plain issues. As water in the Mountain West Region continues to become more and more scarce, we assist developers and work with municipalities to acquire water to support the needs of new developments.
Environmental Compliance
We offer solutions to a full spectrum of complex environmental problems, including hazardous waste disposal and landfill sites, water pollution and hazardous material transportation. We also have experience in risk allocation of environmental issues for developers, owners and lenders through contract and other negotiations.
Choice of Entity and Tax Planning
With the variety of ownership choices available, our attorneys are proactive and effective counselors at choosing and structuring the appropriate entity for clients. We work on simple formations and complex partnerships and limited liability companies. We have experience in advising clients in asset protection. Our work in this area includes numerous appeals of ad valorem tax assessments, tax-deferred exchanges, and real estate tax planning, as well as counseling regarding possible means of assessment reduction. We also have experience in the use of conservation easements for tax credits.
Litigation
Our trial experience includes defective construction, lease disputes or termination, lender liability, contractual breaches, partnership disputes, fraudulent transactions, brokerage commission disputes, will disputes, title disputes, condemnation, mechanics' liens, commercial evictions, cost overruns, warranty issues, judicial foreclosures and bankruptcy issues.
Representative Matters:
Shea Homes/Shea Properties
We represent Shea Homes, the nation's largest privately-owned homebuilder, on projects including Highlands Ranch, a mixed-use community with a proposed population of 90,000 people and Reunion, a 2,500-acre master-planned community in northeast Denver and host of the 2006 Parade of Homes. We also represent Shea Properties, which holds and manages several million square feet of office and retail space throughout the Metro Denver area, including the Denver Tech Center, and is presently developing a variety of retail, office and mixed-use projects in the Denver area.
Denver Tech Center (DTC) Meridian
We represented the owner and developer of the DTC and Meridian International Business Center in the sale of all of the company's assets to Shea Properties and we are contining to represent Shea in connection with sales and development of land for office, restaurant, retail and residential projects and the overall development and leasing of those properties.
Banning Lewis Ranch
We represent the master developer of the largest mixed-use, master planned community in the State of Colorado comprised of 24,000 acres, with a proposed 76,000 homes, a population of 180,000 people and 79 million square feet of commercial, office and industrial floor area at full development. We are involved in all aspects of the entitlement process, infrastructure development, sales and acquisitons and agreements with governmental entities for utilities, water and wastewater service.
Obermeyer Place
We assist Aspen ski wear legend, Klaus Obermeyer, with the real estate acquisition, land use approvals and pre-leasing for one of the largest redevelopment projects in Aspen's commercial core. The project covers an entire city block and offers 100,000 square feet of new commercial, office and residential space.
Resort Developments
We are representing Winter Park Recreational Association, owner of Winter Park Ski Resort, in addition to resort developers in all stages of multi-million dollar golf course developments, including water rights, land use approvals, special district formation and complex agreements with adjacent landowners in Aspen and in Arizona. We are lead counsel in acquisition, permitting, development and financing of a luxury resort condomiunium project in Hawaii. We are also lead counsel in financing and development of more than a dozen golf courses in Utah, Minnesota, California, Texas and Arizona.
Coburn Development
We provide real estate counsel to Coburn Development, Inc., a real estate development, construction and design firm known throughout Colorado for its sustainable, urban design, innovative mixed use, commercial and residential developments, located along Colorado's front range, in mountain communities and in other states.
Lowe Enterprises Colorado Inc.
We represent Lowe Enterprises Colorado Inc. in the development and leasing of office parks and industrial projects in the Aurora and Metro Denver area, and, in addition, the acquisition and development of a 2,500-acre high-end residential and golf course project near Parker.
NorStar
We represent NorStar, a residential builder, in the acquisition, financing and development of several metro Denver multifamily condominium developments, including the Saddle Rock Golf Homes and the final phases of build-out in the Centennial Downs subdivision in Littleton, Colorado.
Idarado Mining Company
We represented the owner of appxomately 3,500 acres of spectacular property adjacent to Telluride, Colorado, by assisting with the development of a high-end residential community and related efforts to preserve the bulk of the property through transfer to public ownership.
Littleton Redevelopment
We assist a client in negotiating, structuring, developing and leasing for a redevelopment mixed-use project in historic downtown Littleton, Colorado.
Capital Pacific Holdings
We represent Capital Pacific Holdings (CPH), a diversified real estate development company. We have assisted CPH with home building projects throughout the front range of Colorado from Loveland to Colorado Springs.
Affordable and Senior Housing Projects
In the Boulder, Colorado, area, we are representing developers in innovative mixed-use, affordable housing projects in the redevelopment of an industrial manufacturing site and a historic drive-in theater site. We also are representing developers of senior housing projects and mixed-use senior apartments, luxury condominiums and retail projects that will be the first entirely "Green Construction" product of its kind in Colorado. We have also handled the development of the Aspen Meadows and other Low Income-Tax Credit new construction developments, from land acquisition to construction to entity formation to tax credit syndication and financing, including financing through the Colorado Housing Finance Authority.
Spyder Active Sports
We provide real estate counsel to Spyder Active Sports, the world's largest ski-speciality clothing brand manufacturer which is headquartered in Boulder, Colorado.
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