Eben P. Clark

Counsel

Denver
T +1.303.764.4042
F +1.303.861.7805
Houston
T +1.713.646.1301
F +1.713.751.1717

Overview

Recently elected by his peers to The Best Lawyers in America© 2018 for Colorado Real Estate Law, Eben Clark focuses his practice on real estate transactions, project finance transactions and development as part of BakerHostetler's Energy, Hospitality and Financial Services teams. Eben’s matters frequently include land use, permitting and access issues related to public and private lands. Eben also acts as general outside counsel for clients in a variety of industries, using BakerHostetler's broad range of subject matter professionals to assist with the clients' day-to-day legal needs.

Eben's wealth of experience in Colorado and the West has proven extremely valuable to developers, lenders and owner-operators. Local land use controls, federal regulation and the interaction of public and private lands present unique challenges in the West. Eben's experience and aggressive problem-solving helps clients navigate these obstacles, craft effective solutions and achieve positive outcomes. Since joining BakerHostetler, Eben has applied his knowledge and experience to utility scale renewable energy development, transactions on behalf of national lenders, and development in Colorado’s Front Range and the West's world-class ski resorts.

Select 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.
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.
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.
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 developers in cross-easement, indemnification and access disputes.
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.
More »

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.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America© (2017 to present)
    • Colorado: Real Estate Law
  • The Legal 500 United States (2018)
    • Recommended in Real Estate - Construction (Including Construction Litigation)

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

News

News

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.

Prior Positions

  • Johnson & Repucci, LLP: Of Counsel (2012 to 2014)
  • Klein, Cotѐ & Edwards, LLC: Associate (2005 to 2011)
  • Office of the County Attorney, Routt County: Assistant County Attorney (2004 to 2005)
  • French, West, Brown, Huntley & Thompson, P.C.: Associate (2000 to 2004)

Admissions

  • Colorado
  • Texas

Education

  • J.D., University of Colorado Law School, 1998; Colorado Journal of International Environmental Law and Policy, Associate Editor; New Criminal Forestry Laws in China, 1997 CJIELP Year Book of Environmental Law
  • B.A., Political Theory, Columbia University, 1991, Dean's List

Blog

In The Blogs

Previous Next
Financial Services Blog
Ground Leases: Some Basics, Some Specifics and How to Make Them Financeable
By Eben P. Clark
June 29, 2018
Ground leases are fairly common but sometimes overlooked property interests. A succinct but adequate definition of a ground lease was articulated by Herbert Thorndike Tiffany (Tiffany on Real Property § 85.50 [3d ed.]) as follows: [A]n...
Read More ->