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- Acquisitions and Sales, Including Tax-Deferred Exchanges: BW&E’s Real Estate Department has a wide range of experience in representing buyers, sellers, and lenders in connection with the acquisition, sale, and exchange of shopping centers, hotels, office buildings, mixed-use developments, multi-family projects, industrial and warehouse facilities, and raw land. Our services include the negotiation and drafting of letters of intent and purchase and sale agreements, negotiation and drafting of broker’s commission and listing agreements, title review and analysis, assistance in due diligence, analysis of the property to be acquired, and all other matters necessary to take a transaction from a proposal to a closing. Many times we also provide assistance in the formation of an acquiring entity and the preparation of its organizational documents, including advice on the type of entity, preferred equity arrangements, tax issues, buy-sell arrangements, and other exit strategies. Our firm has assisted many clients in the negotiation and consummation of like-kind exchanges of real estate qualifying for tax-free treatment pursuant to Internal Revenue Code Section 1031, including simultaneous and deferred exchanges.
Commercial Leasing: Berenbaum, Weinshienk & Eason has had an active and wide-ranging real estate leasing practice for many years. This practice consists of both landlord and tenant representation on a large variety of properties in the Rocky Mountain region and beyond. The firm also reviews and comments regularly on leases and participates in lease negotiations for real estate lenders. The Real Estate Department is very active in matters involving the leasing of space in office buildings, shopping centers, restaurants, telecommunications sites, and other commercial property, as well as ground leases.
- Condominium and Townhome Projects and Owners Associations: An important aspect of most residential real estate developments and many commercial developments is the creation of various covenants and owner association documents to govern the use and maintenance of communities. We have prepared master declarations for large residential, multi-use, commercial, and industrial projects, condominium declarations for condominium projects, and townhome declarations for townhome projects throughout the state. We will establish owner associations pursuant to the declarations and assist with association matters during the period in which the developer/declarant controls the associations. Projects in which we have performed such services include Green Valley Ranch, a large, mixed-use development near the Denver International Airport, numerous condominium projects in downtown Denver, condominium conversion projects in Denver, Avon, and Mt. Crested Butte, hotel condominium projects in Mt. Crested Butte, and smaller projects throughout the state.
Real Estate Lending: Our real estate department has been a leader for the last 50 years in financing many of the major real estate projects in Colorado and elsewhere. Its experience spans all forms of commercial development, from land acquisition and development loans, to construction lending, to permanent lending, and from HUD and Fannie Mae insured loans to various types of credit enhanced loans. The firm recently represented two lenders who financed the construction of a complex, mixed-use development which changed the commercial landscape in the Cherry Creek area of Denver. Our clients include local and national financial institutions, as well as private banking departments and privately-owned financial institutions.
Foreclosures and Receiverships: The Real Estate Department provides a wide range of services in the areas of mortgage banking, commercial foreclosures, commercial loan workouts, receiverships, residential foreclosures, and bankruptcy representation in connection with commercial and residential lending. The firm represents some of the nation’s largest commercial and residential mortgage lenders and servicers in a broad spectrum of real estate-related matters. The firm has particular expertise in receiverships, including receiverships for office buildings, hotels, resorts, residential and commercial construction projects, and commercial businesses. The firm also has expertise in HUD multi-family loan workouts and foreclosure of HUD multi-family projects.
- Homebuilders and Construction: The firm represents a number of homebuilders in Colorado, including both production builders and custom builders. The real estate attorneys in the firm handle construction contract questions, home warranty issues, and contracts with suppliers and subcontractors. The Real Estate Department also prepares construction contracts for various land development and multi-family construction projects and sales contracts for sale of residences to buyers.
- Land Development: The firm represents owners of unimproved real property that is held for long-term appreciation in value. Attorneys in the firm advise owners in structuring transactions to preserve their investment character and eligibility for long-term capital gains treatment upon their ultimate disposition and sale. The firm also represents owners of unimproved real property as they prepare to develop the property and work with owners, their consultants, and tax advisors in structuring development of real property.
- Property Tax Appeals: For over 15 years, our real estate and tax attorneys have successfully represented local and national business and individual property owners statewide in all aspects of real property assessment and tax refund controversies at the state and local levels. Our property tax attorneys represent clients in the full spectrum of property tax issues. We counsel clients on state and local taxes to assist them with property acquisition strategies and negotiate with county tax assessors regarding assessed values of real estate. When litigation becomes necessary to resolve disputes, we represent our clients from the initial administrative proceedings conducted before state and local boards of equalization to appellate hearings and litigation before the Colorado Board of Assessment Appeals, the State District Courts, the Colorado Court of Appeals, and the Colorado Supreme Court. As the Colorado member of the American Property Tax Counsel, the national affiliation of premier property tax law firms, we are uniquely positioned to assist clients with multi-state or national property portfolios.
- Real Estate Brokers: Our firm’s real estate department actively represents both residential and commercial brokers. We focus on assisting our broker clients in successfully facilitating their purchase and sale transactions, as well as their leasing and management of various types of properties. Our clients include brokers from the Denver metropolitan area as well as the nearby resort areas, such as Vail, Breckenridge, and Aspen.
- Real Estate-Related Environmental Issues: The firm has handled a number of environmental matters, ranging from CERCLA litigation to environmental due diligence for real property acquisitions. The firm represented a national retailer in structuring a complex environmental indemnity agreement with the United States Environmental Protection Agency and the State of Colorado in connection with the acquisition and redevelopment of a Superfund Site in Denver. The firm also represents a national pipeline company in connection with environmental matters throughout the United States.
- Zoning, Platting, and Other Entitlements: The firm has a wide range of experience in the entitlement process for its real estate development clients. That experience includes representing developers before Planning and Zoning Commissions, City Councils, Boards of County Commissioners, and Design Review Boards. The firm’s real estate attorneys also will review subdivision plats, development agreements, and other documents to be submitted to cities and counties for development approvals. We have handled entitlements along the Front Range, from Ft. Collins to Colorado Springs, and in mountain resort communities.
The attorneys in the Real Estate Organizations Group include:
Maria Berrones
Charles A. Bewley
Laura Carrington
David R. Eason
Heather Scheel Hagemann
James A. Jacobson
K Kalan
Gary M. Kramer
Kenneth S. Kramer
James L. Kurtz-Phelan
Charles P. Leder
Denise S. Maes
Larry R. Martinez
H. Michael Miller
James R. Nottingham
Dan A. Sciullo
Robert G. Wilson, Jr.
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