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Patrick J. Pauken

Pat Pauken teams with clients to plan and structure projects and create alliances; negotiate, document and close transactions to acquire, develop, lease, finance, construct, operate, sell and exchange properties and projects; and manage risk and maximize value.

In addition to his years of experience with Baker Hostetler on behalf of many of the firm’s largest and most active developer clients, Mr. Pauken’s background includes more than two decades as in-house counsel to a major national developer and manager of regional and community shopping centers, free-standing retail stores, restaurants, theatres, mixed-use projects, major urban and suburban office buildings, suburban office parks and full-service and limited-service hotels.

Mr. Pauken’s transactional experience includes significant work in the following areas:

• purchase, sale and ground leasing of undeveloped land for retail, office, hotel and other commercial uses
• development agreements for private and public projects and related infrastructure (public and private roads, utilities and other common facilities)
• financing and refinancing of real estate projects, including loans from insurance companies, pension funds and banks
• public sector development incentives and assistance, including tax abatements, tax increment financing, infrastructure funding through general obligation bonds and land assembly by eminent domain
• leases, land sales, operating agreements and reciprocal easement agreements with department stores and other major shopping center occupants
• purchase and sale of improved/operating properties, including shopping centers, individual retail buildings and office buildings
• purchase and sale, lease, sublease or other transfer of office, manufacturing, warehouse and research facilities, and related due diligence, in connection with corporate transactions
• land use agreements, restrictive covenants and easement and other grants involving air rights, community associations, joint maintenance and shared access, utilities and parking
• design, construction, management, leasing, development and consultant/professional services agreements

Recent projects include:

• representation of the buyer of an international division of a FORTUNE 100 company in connection with real estate at 50+ locations on five continents
• provide counsel in connection with a loan guarantee for the development of a uranium enrichment facility
• representation of the developer in connection with a FORTUNE 200 company’s world headquarters project involving state and local development incentives
• representation of developers in connection with development of hospitals and medical facilities
• representation of the developer in all aspects of a 600+ acre mixed-use suburban commercial development, including multitenant office buildings, hotels, hospital and other medical facilities, corporate headquarters, retail and restaurants
• developer representation in negotiating a major department store deal for a mixed-use town center development anchored by a major league sports facility
• owner/landlord representation for a high rise office building, including drafting and negotiating numerous office leases and counseling on various operational issues
• representation of the developer in negotiating major department store deals for expansion of two existing suburban mixed-use town center developments
• developer representation for an urban mixed-use project, including zoning and land use planning, federal, state and local development incentives, infrastructure financing, acquisition of numerous properties for redevelopment and financing
• representation of the developer of a 100-acre regional retail component within a 500-acre suburban mixed-use development, including land acquisition, shared infrastructure and site development matters and acquisition/construction financing

Mr. Pauken is a member of the American (Real Property, Probate and Trust Law Section), Ohio State (Real Property Section) and Cleveland Metropolitan Bar Associations. He has been named a “Leading Lawyer” in the prestigious Chambers USA Guide: America’s Leading Lawyers for Business since 2010 and has been selected for inclusion in the 2012 edition of The Best Lawyers in America.