Andrew Jaszhek Leffler

Experience: Represented landowner in ground lease transaction permitting demolition, rezoning and construction upon the subject property. The transaction and documentation included a construction guaranty and options to lease further adjacent property and to purchase the entire property after a certain time period. [2016]; Represented state bank in $5,900,000 loan to developer of self-storage facilities that was utilizing 1031 funds for its required equity, via a reverse construction exchange. The exchange structure requires that the Qualified Intermediary/Exchange Accommodation Titleholder hold fee simple title to the property and act as a borrower, while leasing the property to the developer and permitting the developer to improve the property pursuant to said lease. [2016]; Represented state bank in $22,000,000 construction loan to developer constructing a student housing facility with attached parking structure in downtown Atlanta. [2015]; Represented private equity client in purchases of multifamily residential apartment complexes across the Southeast and Texas, handling entire transactions from negotiation of purchase and sale agreements, to review of loan documents, to setup and organization of owning entities and their investment structure (including planning and structuring for 1031 exchange purposes), and through to final escrow closings. This same client also develops apartment complexes from the dirt up , meaning representation from the purchase of the land, to construction loans and subsequent refinancings, through to final sales to third party purchasers. Purchase and sales prices generally range from $10,000,000 to $50,000,000. [2014 - present]; Represented Chattanooga-based developer in assemblage and development of mixed use community. Representation included drafting the operating agreement pursuant to which the land was assembled and, at the same time, outside capital was injected; negotiation of purchase and sale agreement with purchaser of a portion of the overall property to construct an apartment complex thereon, including a post-closing escrow agreement to collaborate with said purchaser to construct primary infrastructure for overall development; drafting a declaration of covenants and restrictions to govern the development; drafting and negotiating various options and ground leases for further properties to include in the development. [2015 - present]; Represented two co-lenders, one a private lender and the other a New York State credit union, in connection with refinance of purchase debt plus origination of construction debt, totaling approximately $40,000,000, encumbering land in Brooklyn, NY on which residential luxury rental building was to be built. As lead associate representing both lenders, was responsible for drafting and negotiating co-lender agreement, due diligence review of title, survey and all borrower entity documents, drafting and negotiating loan documents, which included a mezzanine component, and final closing and distribution of funds.; Represented private lender taking assignment of $60,000,000 of construction debt encumbering unfinished residential condominium building located in Queens, NY with retail on ground floor, restructuring of said debt, and origination of further construction debt. Final debt was further 50% leveraged by institutional lender. As lead associate representing the new lender, was responsible for due diligence review of condominium documents, easements and reciprocal agreements with adjacent properties, other title matters, survey, borrower entity documents and various litigation papers affecting the subject property. Also was responsible for negotiating and coordinating with assigning lender and various mechanic lienholders, drafting and negotiating loan documents, which included a mezzanine component, and final closing and distribution of funds, including coordination with leveraging lender.; Represented purchaser of defaulted debt encumbering adjacent commercial buildings in Bronx, NY, including prosecution of such default, deed-in-lieu transaction, assignment of debt, and refinance of debt. As lead associate, performed due diligence upon debt to be purchased and the litigation already commenced concerning such debt, reviewed title, drafted and negotiated the purchase and sale agreement, drafted and argued motions in the foreclosure action once the debt was acquired, drafted and negotiated the deed-in-lieu agreement and ancillary transfer documents, and represented the client as borrower in the refinance of the encumbered property.; Represented private real estate company in acquisition of mixed-use building located in New York City for purchase price of approximately $13,000,000, as well as related acquisition financing. As associate representing the purchaser/borrower, was responsible for negotiating the purchase and sale agreement, reviewing title, survey and other due diligence materials (including leases and occupancy agreements), negotiating transfer documents, and negotiating various substantive loan documents with lender's counsel.; Represented defendant in breach of contract litigation concerning claim that plaintiff-seller of real property intentionally defrauded defendant-buyer and concealed nature and extent of property to be sold (i.e., was small triangular piece of parking lot, being a separate tax lot, included in the sale per terms of contract). As lead associate, drafted and argued motions, conducted discovery, assisted in settlement negotiations and drafted and negotiated final settlement documents.; Represented private lender in connection with origination of construction debt in the amount of $8,000,000 encumbering a ground leasehold interest affecting land in Brooklyn, NY owned by the Roman Catholic Church, upon which borrower planned to construct a residential luxury rental building. As lead counsel to the lender, was responsible for drafting the term sheet, reviewing the ground lease, drafting and negotiating a leasehold estoppel with the owner/landlord of the property, due diligence review of title, survey and all borrower entity documents, drafting and negotiating loan documents, which included a mezzanine component, and final closing and distribution of funds, which included the use of a title company as the escrow agent.; Represented corporate building owner in the $25,000,000 sale of a commercial condominium unit in New York City. As lead associate representing the seller in the transaction, was responsible for drafting and negotiating the purchase and sale agreement and closing documents as well as coordinating due diligence matters and closing with the buyer's counsel and the title company.; Represented private lender in connection with forbearance agreement and subsequent default negotiations and settlement arrangements concerning loans totaling approximately $30,000,000 encumbering proposed marina located in Suffolk County, NY. As lead associate, was responsible for drafting and negotiating the initial forbearance agreement and two amendments thereto, due diligence in connection with, and closing of, deed-in-lieu transactions of certain lots composing the subject property, leasing space, and negotiating and drafting surrender thereof, to members of the owner-borrower entity, and drafting and negotiating of final settlement agreement concerning sale of remainder of subject property to third party.; Represented tenant in connection with leasing of 5,000 square feet of office space in Manhattan, NY. As lead counsel to the tenant, was responsible for due diligence upon the building and negotiating the lease and tenant guaranty.; Represented owner of standalone one-story building in Nassau County in connection with triple net lease to Verizon Wireless for use as a retail store. As lead associate to the owner/landlord, was responsible for drafting and negotiating the lease and tenant guaranty.; Represented purchasers of various residential condominium and coop units through New York City, ranging in price from $500,000 - $5,000,000. As lead counsel representing such purchasers, was responsible for condominium/coop due diligence, negotiation of purchase and sale agreements, financing negotiation and coordination, and closings.