Eben P. Clark

Experience

Real Estate Development

• Counsel to global developer of utility-scale renewable energy projects throughout the United States.
• Counsel to owner/operator for purchase of parcel in Denver International Airport commerce zone for construction of distribution center, including infrastructure development agreements, water rights and special district issues.
• Counsel to rapidly expanding luxury camping and pop-up hotel company with locations nationwide.
• Counsel to developer of fractional project in downtown Aspen for assemblage, entitlements, financing, construction, ownership structure and sales matters.
• Counsel to developer of condominium project in downtown Telluride for entitlements, financing and construction matters.
• Counsel to Colorado county government for project review, land use code revisions and regulatory enforcement litigation including floodway and wetlands issues.

Real Estate Finance

• Colorado counsel to national lending group for $75 million facility for acquisition and redevelopment of historic Colorado resort property.
• Counsel to borrower for $55 million reserve-based revolving credit facility.
• Colorado counsel to European lending group in origination, servicing, work-out and foreclosure of $575 million facility for development of resort village at Snowmass Village.
• Colorado counsel to European lending group in foreclosure of $180 million facility for mixed-use projects in Greenwood Village.
• Colorado counsel to European lending group in origination of $160 million facility for downtown Denver condominium tower.
• Counsel to local banks in complex real property and asset-based financing transactions.
• Counsel for real property security transactions in connection with BakerHostetler’s role as court-appointed counsel to the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.

Transactions

• Counsel to borrower for $55 million reserve based revolving credit facility.
• Colorado counsel to national lending group for $75 million facility for acquisition and redevelopment of historic Colorado resort property.
• Counsel to out-of-state purchaser in $42 million acquisition of fully-leased, Denver Tech Center office building, including closing purchase and financing on compressed timeline.
• Counsel to seller in sale of 4,500-acre agricultural assemblage in southern Colorado, including renewable energy lease rights, water rights and production contracts.
• Counsel to seller of fully-leased commercial property on Main St., Aspen, Colorado.
• Counsel to developer for sales at nationally branded condo-hotel at Snowmass Village.
• Counsel to buyers and sellers in luxury residential and ranch transactions in Aspen and Snowmass, Colorado, as well as Idaho, Florida and California.

Litigation

• Counsel to landowner in Summit County for access dispute and eminent domain action with local and federal government agencies.
• Counsel to landowners in partition action for large ranch property, including transaction to implement settlement of litigation.
• Counsel to shopping center developer in cross-easement, indemnification and access dispute.

Community Associations

• Counsel to original master association of Snowmass Village through distribution of real property and dissolution.
• Counsel to condominium and homeowners' associations in governance, amenity management and enforcement matters.

Memberships

• American Bar Association
• Colorado Bar Association 
  • Real Estate Section Council: Past Member
• Pitkin County Bar Association
• Colorado Lawyers Committee: Board of Directors
• Colorado Hotel & Lodging Association: Government Affairs Committee
• Colorado Hotel & Lodging Association: Legislative Affairs Task Force

Community

• Community College of Aurora Foundation: Board of Directors
• Downtown Denver Partnership Economic Development Council

Pro Bono

• Pro bono counsel for A Way Out, Aspen-based solution oriented addiction programs and financial aid.
• Assisted homeless families in achieving permanent housing through ACCESS Housing.
• Former pro bono counsel for Continental Divide Land Trust.