Practice Details

Real Estate

  • Represented joint venture in the negotiation of a 75,000 square foot office lease in downtown San Jose (Silicon Valley) to $15 Billion NYC-based co-working space start-up company.
  • Represented a developer in the $261,000,000 sale of most of the developer’s Northern California office portfolio to a major real estate investment trust. The portfolio consisted of 35 buildings containing over 1,375,000 rentable square feet.
  • Represented one of the country's largest retailers in the acquisition and development of its retail projects in Northern California and the Central Valley. We negotiated purchase and sale agreements, ground leases, development agreements, CC&Rs and other project documents.
  • Represented a developer in the public-private redevelopment of a neighborhood shopping center under a ground lease from the local redevelopment agency. We negotiated construction documents, construction loan documents and retail leases with major retail tenants.
  • Represented a biopharmaceutical firm in connection with its sublease of more than 100,000 square feet of life/science space in San Francisco’s Mission Bay to be used as a medical research and biotechnical research facility with related office space.
  • Represented an institutional pension fund advisor with respect to all commercial properties that it manages for its various pension fund clients. We drafted and negotiated leases and lease amendments for approximately thirty office, industrial and retail properties throughout California and handled the day-to-day property management issues that arose in the context of tenant subleases and assignments, tenant defaults and tenant bankruptcies.
  • Represented a developer in the redevelopment and re-use of a 500,000 square foot industrial building that was part of a public-private partnership and that included commercial and industrial uses, residential live-work space, a museum and retail uses. The financing consisted of a combination of conventional construction financing, HUD financing, private equity and tax credits. The building is a registered historic landmark, which provided the opportunity to qualify for historic rehabilitation tax credits.
  • Represented a developer in the construction of a new Class A office building and the integration of the new office building with an existing office building. We negotiated the architectural service contract, construction contract, lease termination and re-location agreements and construction loan documents. We advised the developer on the acquisition of transferable development rights and the application of those rights to the new office building.
  • Represented a large multifamily operator in the San Francisco market’s largest-ever multifamily portfolio financing. The $685 million recapitalization involved CMBS financing, 32 traditional mortgage term loans and two tiers of preferred equity investment.
  • Represented an institutional real estate investment advisor in conducting due diligence on the land use, planning and permitting aspects of a variety of multi-family projects. We reviewed zoning and planning codes and project approvals and investigated project status with city planning and building staff.

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Lubin Olson's Real Estate Practice Group has been one of the cornerstones of the firm since its inception. The practice is broad-based and comprehensive. We regularly represent parties on every side of significant real estate transactions involving property of all types including office, retail, industrial, life/science, mixed-use, multi-family and residential. Our clients include institutional and entrepreneurial investors and developers (both domestic and international), asset managers, banks, brokerage companies, retailers, title insurance companies, financial institutions, and other local, regional and national companies.

Our practice encompasses six principal areas:

Purchase and Sale Transactions

We draft and negotiate purchase and sale agreements, letters of intent, option agreements and loan documents. We assist with property inspections, environmental, title and other due diligence, review leases and subleases, and coordinate closings. We also aid our clients in forming, structuring, capitalizing and documenting their ownership entities.

Leasing

We represent both landlords and tenants in all aspects of commercial leasing, including the leasing of office, retail, life/science, industrial, mixed-use and manufacturing space.  We also have extensive experience representing clients in ground lease transactions.  We draft and negotiate brokerage agreements, letters of intent, work letters, and lease amendments, extensions and terminations. 

Development

We represent local, regional, and national developers in connection with their development of new projects by assisting them in obtaining entitlements, securing financing, acquiring property, and constructing their buildings. We draft and negotiate development documents, such as development agreements, covenants, conditions and restrictions and reciprocal easement agreements, as well as design, construction and project management contracts.  We also represent clients in forming joint ventures and public-private partnerships.

Construction

We represent owners/developers, contractors, subcontractors, design professionals, and lenders in a broad spectrum of public and private project construction matters, from inception to completion, by assisting them with, among other things, contract drafting, negotiation and enforcement, licensing issues, and contract, surety, guarantee, warranty, claims, mechanics’ lien, performance and defect-related litigation.

Financing and Workouts

We collaborate with the firm’s Finance and Workout Practice Group to assist our clients in financing their deals through acquisition, construction, mezzanine, bridge and permanent loans.  We review and negotiate loan and security documents, guaranties, intercreditor agreements and SNDAs and handle all facets of loan restructuring, ranging from forbearance agreements, loan modifications, judicial and non-judicial enforcement proceedings, short sales, and deed-in-lieu agreements.

For more information about Lubin Olson's Real Estate Practice Group, please contact Paul Niewiadomski.