Practice Areas & Industries: Roetzel & Andress, A Legal Professional Association

Practice/Industry Group Overview

Our team of Real Estate, Land Use and Construction attorneys offers comprehensive representation to real estate developers, commercial and institutional owners, and a myriad of established and growing businesses with real estate related needs. We provide the type of in-depth skills required by developers working on sophisticated retail or commercial projects. Where a company's primary business is not real estate, our attorneys guide the company through real estate development, asset management, and general real estate transactions. Our attorneys act as advocates for clients before state and federal courts and represent their interests before administrative agencies and city governments. In addition, we advise clients of alternative strategies for expanding, renovating, or disposing of existing real estate holdings. Regardless of the matter, we strive to contribute value in connection with our clients' real estate assets.                                                

Our local, regional, and national clients include public and private companies; REITs; financial institutions; investment funds; architects, engineers, and contractors; public homebuilders; landlords and tenants; developers (shopping center, mixed use, housing, office, industrial, residential, community, and multi-family); retailers; homeowner cooperative and condominium associations; buyers and sellers; brokers; public sector and governmental entities; and utility companies.

Many of our attorneys are nationally recognized as "Best Lawyers in America" in Real Estate Law, are board certified in Real Estate Law by the Florida Bar, and are active leaders in local industry and related civic associations. Several of our attorneys offer additional insight with experience as law directors, city attorneys, and assistant county attorneys representing developers and local governments on growth management issues. We have served as general counsel to a large building industry association and as national real estate counsel for several national retailers. In addition, a number of our attorneys are agents for several title insurance companies, and the firm has been consistently recognized as one of the "Top 25" agents for one of the largest title underwriters in the State of Florida.

As the nation goes green, the firm is proud to announce a Roetzel & Andress attorney in the Florida office, is one of the first attorneys in the United States to become a LEED Accredited Professional, meaning he has demonstrated a thorough understanding of green building practices and principles. Many of our attorneys have legal experience in the emerging area of sustainable development and green construction and development.                                             

Because real estate is often an integral component of other commercial and financial transactions, we regularly draw upon the capabilities of our Environmental, Public Law and Finance, Business Services, Tax, and Intellectual Property practice groups. Through this integrated approach, we offer our clients the in-depth understanding and insight into peripheral matters that may affect their real estate transactions.

Services Available

ENTITY FORMATION

• Condominium and homeowners' associations
• Entity selection - LLCs, limited partnerships, real estate trusts
• Joint venture relationships
• REITs

ACQUISITION AND DISPOSITION

• Brokerage agreements
• Easements and rights of way
• Environmental due diligence and wetland permitting
• Like-kind exchanges
• Oil and gas leasing
• Pre-acquisition due diligence and pre-disposition preparation
• Purchase agreements and options
• Tax structuring
• Title insurance and closing services
• Sale - leasebacks
• Ground leasing

FINANCING AND CAPITAL FORMATION

• Commercial mortgage lending
• HUD
• Loan documentation and closing
• Seller finance
• Syndications
• Other structured financings
• Mezzanine lending
• Participations
• CMBS

DEVELOPMENT AND CONSTRUCTION

• Comprehensive plan amendments
• Construction contracting
• Developments of Regional Impact
• Development agreements and public/private partnerships
• Land use and zoning
• Subdivisions and platting
• Filings with the Division of Florida Land Sales
• Restrictive covenants

MANAGEMENT

• Brokerage agreements
• Leasing
• Management agreements
• Real estate tax and assessment matters
• Transitions from developer to owner association control

LITIGATION

• General real estate litigation
• Construction claim arbitration, mediation, and litigation
• Covenant enforcement for condominium, cooperative, and homeowners' associations
• Eminent domain and condemnation proceedings
• Evictions and landlord-tenant disputes
• Foreclosures
• Construction lien matters
• Mold and environmental-related matters
• Zoning and growth management

Representative Matters

• Performed the syndication, acquisition, financing, and construction of a $40 million, 482-unit garden and townhouse apartment development.
• Acted as counsel for a national automobile manufacturer for subdivision and zoning issues on an approximately 22-acre parcel for the development of multiple dealerships.
• Represented an owner/end-user in the development of a 140,000-square foot distribution facility, including acquisition process and design/build agreement.
• Served as lead counsel for a commercial office development that is the first project to achieve LEED Platinum pre-certification in Florida.
• Counseled a major hospital in the joint venture and self-development of a health and wellness center.
• Acted as counsel for the purchaser in the acquisition of a railroad line with major environmental issues and negotiated property and joint facility operation agreements.
• Represented a developer in connection with lifestyle shopping centers in Pennsylvania, New Jersey and New York including purchase and/or land lease, construction contracts, financing (construction and permanent) and leasing.
• Represented developer in 1031 reverse build-to-suit exchange; representation included sale of relinquished property, identification and purchase of replacement property and negotiating construction loan. Successfully represented developer in completing build-to-suit replacement property within statutory mandated time frame and maximized benefits of 1031 exchange.
• Counseled major hospitals in multiple medical office building developments and/or dispositions.
• Represented an institution of higher education in connection with its $40 million building expansion project, including preparing and negotiating the development agreement, documenting a land-swap transaction and obtaining and granting Federal Historic Tax Credits, Facade Easements and Lost Development Rights Deductions/ Conservation Easements.
• Acted as the zoning and land use counsel for a developer of a multi-million dollar Planned Unit Development.
• Acted as counsel for a developer in obtaining approvals for the largest new development in the Naples, Florida area - a 2,500+ acre mixed use Development of Regional Impact with 3,450 homes, golf courses, and 200,000-square feet of commercial uses.
• Acted as purchaser's counsel in the syndication, acquisition, and financing of a $65 million, 485,000-square foot, 27-story office building.
• Acted as counsel in the acquisition, development, leasing, construction, zoning, and permanent loan work of several grocery-anchored retailer shopping centers, each ranging from $5 million to $10 million.
• Represented a national auto parts store in the expansion of the entity from 70 to 260 stores across the country.
• Acted as counsel to a developer in the acquisition and creation of condominiums and marina slip documents, submerged land lease, and related development work for a 60-unit waterfront condominium.
• Obtained approval from the Division of Florida Land Sales for numerous hotel condominium and multi-family projects throughout the state.
• Represented numerous country clubs in all facets of the turnover from developer to member control.
• Represented a developer in the development and lease of a national retail bookstore.
• Represented a lender in the financing of a series of nursing home acquisitions and renovations by affiliated borrowers.
• Acted as purchaser's counsel in the acquisition of a $55 million mixed use development and the simultaneous sales of building sites for 1000 apartments, 770,000 square feet of industrial space and 30,000 square feet of office and 125,000 square feet of retail.
• Acted as developer's counsel in closings of Community Development District bond financings and acquisition of conservation areas and storm water facilities.
• Acted as counsel for formation of joint ventures between national builders.