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Corporate Law |
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As a firm, we specialize in commercial real estate development and our attorneys have decades of experience representing clients and resolving the myriad of issues and complications that arise in aquiring, selling and developing real estate. From the initial negotiation, to drafting of contracts, assistance with due diligence investigation of property, title insurance and easement issues, and finally to closing, our attorneys will guide you through this process and assist you in making informed and well-reasoned decisions. Our attorneys have broad experience in every stage of development, from acquiring vacant land to the negotiation and approval of large-scale urban developments. We’ve worked with a variety of uses, including simple single family residential developments, extremely complex mixed-use residential and commercial Planned Unit Developments (PUDs), and residential and office condominiums. Since the inception of the Colorado Common Interest Ownership Act (CCIOA), numerous new communitities have been developed and many existing communities have been converted into common interest communities and made subject to CCIOA. Several of our attorneys have considerable experience representing either the developer or the actual not-for-profit corporation created for the property owners’ association. We can assist with:
One of our primary specialty areas is representing both commercial lenders and borrowers in a variety of financing arrangements. We have worked with acquisition, mezzanine, development and construction loans. Partner Jim Benjamin began his career as a loan officer for a large bank and is an expert in representing large commercial lenders and documenting loans for real estate acquisitions, refinancing, and construction and development loans. Easements - Including Conservation Easements, Reciprocal Easement Agreements, Access and Utility Easements When large tracts are developed, there usually are issues regarding existing easements or the granting of new easements for a varity of purposes and users. Our attorneys are experts in evaluating existing easements, creating new easements and resolving the associated liability concerns and responsibility for any future maintenance or costs related to the easement. Additionally, our attorneys can assist in creating conservation easements or buying conservation easement tax credits. When it comes to leasing property, commercial offices or industrial properties, our attorneys can provide expert legal advice in negotiating and drafting leases. Whether it involves a simple gross lease (where all of the expenses are covered by the landlord) or a more complex triple-net lease (where the tenant must pay for its proportionate share of operating expenses), our attorneys have prepared them for both office and retail spaces. Additionally, our attorneys will provide legal advice and prepartion of transaction-specific documents, including assignments, subleases, and guaranties of leases. There are substantial tax benefits available through a tax-deferred exchange of real property under § 1031 of the Internal Revenue Code. Our attorneys are well-versed on the tax implications of various transactions, how to structure transactions to maximize the benefits and how to take advantage of an IRC § 1031 exchange to defer capital gains taxes. Brent Houston holds an advanced degree (LLM) in tax law, has been published in the Colorado Lawyer on the subject of maximizing capital gains (while minimizing ordinary income treatment) and is extremely resourceful in finding answers to difficult tax questions.
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