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The
Firm has an extensive real estate practice involving a
variety of work. The Firm’s real estate practice group has
approximately 28 lawyers, 5 of whom have been elected to
membership in the American College of Real Estate Lawyers.
Leasing – The Firm is very familiar with all aspects
of lease negotiations in both the commercial and
industrial markets.
Development - We have represented clients in the
development of regional shopping malls, strip centers,
office buildings, hotels, warehouses, urban redevelopment
projects, golf courses, telecommunications facilities,
mixed use facilities, sports arenas, single family
residential subdivisions, planned unit developments,
apartments, affordable housing, condominiums and
industrial facilities. Our representation is often from
the ground up, requiring the negotiation of land
acquisition contracts, construction and architects’
contracts, major leases, general and limited partnership
agreements and limited liability company operating
agreements, construction and permanent financing
documents, reciprocal easement agreements and
declarations, development, management and leasing
agreements, tax increment financing and transportation
development districts.
Acquisition - Our development experience gives us an
awareness of the entire scope of due diligence and
contract provisions necessary when acquiring an interest
in real estate. We routinely handle complex acquisitions
of individual commercial properties, and increasingly we
have been called upon to represent clients in substantial
transactions involving multiple properties.
Financing - We represent both borrowers and lenders in
construction, interim and long term financing
transactions. These included participating mortgages and
equity kickers of all kinds, junior and convertible
mortgages, leasehold mortgages, sale-leaseback
transactions, and mortgages secured not only by realty but
also by franchise rights, warrants, operating licenses and
other unconventional collateral.
Redevelopment Work - We are extremely familiar with
government sponsored development incentives, including tax
increment financing, Missouri’s Chapter 353 “private
condemnation” provisions, and similar development
incentive programs.
Joint Ventures - We have represented developers and
institutional investors (including tax-exempt investors)
in all kinds of partnerships, both general and limited,
and other entities including limited liability companies.
We have substantial experience in drafting and negotiation
of a wide variety of partnership agreements for single and
multiple property transactions, many of which contain
sophisticated provisions dealing with preferred returns,
priority distributions, special allocations of profits and
losses, specially tailored decision making arrangements
and puts, calls and other buy-out rights.
Taxation - We have extensive experience in all aspects
of the taxation of real estate transactions. This includes
familiarity with pass-through entities and the tax aspects
of such investment vehicles and the complex rules
governing special allocations and loss limitations,
detailed knowledge of the “unrelated business taxable
income,” “tax-exempt entity leasing” and “original issue
discount” rules, and the rules governing simultaneous and
deferred like-kind exchanges (including multi-party
exchanges), installment sales, shared appreciation
mortgages, and the merger of partnerships owning multiple
properties.
Environmental - Our Firm also has extensive experience
in environmental matters, distressed projects, wetlands
and clean-ups.
Workouts and Restructuring - We have negotiated,
structured, documented and implemented numerous workouts representing
both developers and lenders.
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