Van A. Tengberg is a partner with Foley & Lardner LLP, where he is a member of the firm's national Management Committee, is the managing partner of the San Diego and Del Mar offices, co-chair of the Hospitality, Resort & Golf Industry Team and chair of the firm's West Coast Real Estate Practice. He is also a member of the Real Estate and Finance & Financial Institutions Practices and the Sports Industry Team. Mr. Tengberg's practice centers on real estate acquisition and development, with a primary focus on golf course and resort facilities, shopping centers, hotels, office complexes and industrial business parks.
Mr. Tengberg is actively involved and is highly experienced in providing comprehensive legal services in connection with the acquisition, planning, permitting, financing, construction and development of all types of commercial urban and regional development, redevelopment and revitalization projects, including regional shopping malls, power centers, entertainment centers, retail centers, hotels, commercial office buildings and complexes and industrial business parks.
Mr. Tengberg also has substantial experience in the negotiation and preparation of sophisticated and intricate partnership agreements, joint venture agreements and limited liability company operating agreements with respect to these types of commercial real estate developments. His real estate and tax background and experience make him uniquely qualified to handle these types of projects.
Mr. Tengberg actively represents lenders and borrowers in a wide variety of commercial real estate lending transactions, including construction loans, mini-perm loans, permanent loans, securitized loans, mezzanine financing and all other commercial real estate financing transactions.
Mr. Tengberg is highly skilled in all phases of golf course and resort acquisition and development. He coordinates the entire due diligence process and is involved in all aspects of the proposed acquisition or development, including operations, memberships, contract review, financial analysis, land use, zoning, entitlements, water rights, effluent, wetlands, sensitive habitat and hazardous materials remediation. He participates in the negotiation and preparation of the definitive purchase and sale agreement and related documents and agreements, together with all other documentation necessary to reflect the inter-relationships of the golf course and the surrounding community or resort. This includes development agreements, access agreements, utility and drainage easements, cost-sharing agreements and reciprocal use agreements.
Mr. Tengberg has extensive experience in forming and structuring both equity and non-equity private golf clubs. This includes structuring the equity/non-equity membership program in conformance with applicable federal and state securities laws and regulations, federal and state income tax laws and regulations and state and local property tax laws. Mr. Tengberg is also experienced in all areas relating to club operations, including the preparation and review of membership bylaws, rules and regulations, management agreements, food and beverage concession agreements, licenses and permits, CC&Rs, environmental issues, equipment lease agreements, sales and marketing programs, and employment agreements.
Mr. Tengberg has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and was selected as a Leading Lawyer, Real Estate, West Coast, by the US Legal 500 (2010). He has also been named a "Recommended Attorney" by Golf, Inc. (Fall 2012 and 2013), a 2013 "Top Lawyer" by San Diego Magazine, and was selected for inclusion in the 2013 San Diego Super Lawyers® list.
He is active in various charitable organizations in the greater San Diego area, including serving as a scout leader with The Boy Scouts of America, serving as a member of the board of directors of the Southern California Chapter of the Cystic Fibrosis Foundation, and serving as a member of the board of directors of the Sabin Children's Foundation.
Mr. Tengberg received his J.D. from McGeorge School of Law (1982) and an LL.M. in taxation from the University of San Diego (cum laude, 1987). He earned his B.A. from the University of California in Davis (1979). Mr. Tengberg is admitted to practice law in California.
Recent Speaking Engagements:
· "Restructuring the Private Club," National Golf Course Owner's Association Multi-Course Owner's Retreat, Monterey, California (June 2013)
· "Back to Basics - The Discipline of Buying and Selling Golf Courses," Crittenden Golf Conference, Dallas, Texas (October 2012)
· "The Hottest Issues Affecting Your Business and the Industry," National Golf Course Owner's Association Multi-Course Owner's Retreat, Monterey, California (June 2012)
· "Emerging Trends and the State of the Golf Industry," Crittenden Golf Conference, Phoenix, Arizona (September 2011)
· "Distressed Retail: Where are we in the cycle? What are investor options and strategies?" U.S. Real Estate Opportunity and Private Fund Investing Forum, Laguna Beach, California (January 2011)
· "Secrets to a Successful Golf Course Sale," Golf Inc., Las Vegas, Nevada (October 2010)
· "Deal Panel: Workouts, Deals, Opportunities and Financing," National Golf Course Owner's Association Multi-Course Owner's Retreat, Monterey, California (July 2010)
· "Secrets to a Successful Golf Course Sale," Golf Inc., Amelia Island, Florida (April 2010)
· "Art of the Deal; Why Real Deals Worked, or Didn't," Golf Inc., La Quinta, California (October 2009)
· "Secrets to a Successful Golf Course Sale," Golf Inc., St. Augustine, Florida (April 2009)
· "Insider's Tips on Buying and Selling a Golf Course," Golf Inc., Scottsdale, Arizona (October 2008)
· "Hot Issues in the Golf Industry," National Golf Course Owner's Association Multi-Course Owner's Retreat, Monterey, California (July 2008)
· "Insider's Tips on Buying and Selling a Golf Course," Golf Inc., Miami, Florida (April 2008)
· "Insider's Tips on Buying and Selling a Golf Course," Golf Inc., La Quinta, California (October 2007)
· "NGCOA Money Talks - Deal Structures and Terms," National Golf Course Owner's Association Multi-Course Owner's Retreat, Monterey, California (July 2007)
· "Insider's Tips on Buying and Selling a Golf Course," Golf Inc., Austin, Texas (March 2007)
· "Developing Golf Courses and Resort Communities - Planning with the End in Mind - Don't Change Horses in the Middle of the Stream," Urban Land Institute - Indian Wells, California (April 2006)
· "What's Selling, Who's Buying and For How Much?" Golf Inc., Pinehurst, North Carolina (September 2005)
· "Bridging the Gap: Ensuring the Viability of the Golf Club After Turnover by the Developer," ALI-ABA Resort Real Estate and Clubs, San Diego, California (August 2005)
· "Developing Golf Course and Resort Communities - Bridging the Gap: Ensuring the Viability of the Course After the Developer Exits," Urban Land Institute, Lake Las Vegas, Nevada (April 2004)
· "Restructuring the Private Club," co-author, Golf Inc. Magazine (June 2013)
· "The Need for Change in Private Clubs," co-author, Activate eMagazine (November 2012)
· "Up to Par: Top 10 Legal Issues Addressed in the Purchase or Sale of a Golf Course," author, San Diego Lawyer (July/August 2012)
· "A New World Order for Private Clubs," author, Golf Course Industry Magazine (August 2011)
· NGCOA's Guide to Buying or Selling a Golf Course, contributing author, National Golf Course Owner's Association (2009)
· "Vacation Home Market Trends: Opportunities for the Golf Industry," author, Golf Course Industry Magazine (September 2009)