Real Estate Development

Overview

"Very sophisticated, very efficient and very seasoned."

– Chambers USA 2017

We have extensive experience in providing timely, down-to-earth advice to clients on global, national and regional development issues. We counsel clients on all aspects of real estate development, including predevelopment planning; the formation of joint ventures, partnerships and limited liability business arrangements; and the acquisition, financing, construction and operation of planned-use developments, subdivisions, annexations, land use entitlements, condominium developments, public-private infrastructure projects and vertical construction.

We represent owners, developers and contractors in connection with sophisticated developments, including office buildings, healthcare systems, sports facilities, resorts, theater districts and convention centers. We frequently assist owners in the acquisition and structuring of affordable housing projects, including the use of low-income tax credits. BakerHostetler has one of the nation’s leading practices in the hospitality industry, and we are well-known as the pre-eminent team for counsel on mixed-use projects that integrate resort hotel, timeshare, fractional, condominium, branded residential, casino or marina components.

In addition, we have been at the forefront of the off-campus student housing boom, representing one of the largest national developers of student housing in the acquisition, development, construction and sale of traditional and mixed-use projects. Our experience includes large-scale assemblages, negotiation of conventional and mezzanine construction financing, and advising on the acquisition and sale of such projects. Moreover, we have significant experience in handling historic real estate developments, including historic tax credits and historic redevelopments.

Our services
  • Acquisition and disposition of real estate assets
  • Construction contracts and litigation
  • Contract negotiations
  • Corporate and project structuring
  • Energy development
  • Entitlements and incentives
  • Joint venture negotiations and agreements
  • Land use approvals
  • Preparation of development and management agreements
  • Preparation of owners’ association documentation
  • Project planning
  • Title and survey review and coordination

In addition, we have more than 30 years of specialized construction law experience, including negotiating and drafting design and construction contracts and subcontracts, claims counseling, and construction-related litigation.

Select Experience

Our nationally recognized real estate team has broad experience in real estate development, financing and transactions. Our in-depth knowledge of the real estate landscape informs our advice and supports the business goals of our clients, as these recent highlights show:

  • Represented Big River Steel, LLC, in the development of a $1.5 billion state-of-the-art steel mill constructed on approximately 2,000 acres along the Mississippi River near Osceola, Ark. The representation included site acquisition from multiple landowners; establishing access to and from the site for rail and river barge transportation; protecting cultural resources (i.e., Native American historical sites); securing permits for wetland and stream channel impacts; all real estate aspects of project financing and tax incentives; and advice regarding leasing and development of outparcels.
  • Represented the sponsor group and an industrial startup company, Mississippi Silicon, LLC, in structuring and securing multiple sources of financing for the development, construction and operation of a $200 million silicon metal production facility.
  • Representing Northside Hospital, Inc., in all of its real estate matters, including real property acquisitions, development of medical facilities, physician alignment transactions, mergers and acquisitions, and management of its leasing portfolio. We serve as construction counsel, negotiating and drafting design and construction contracts for existing and new facilities.
  • Representing a large regional hospital system in innovative development and financing transactions, including sale-leaseback transactions involving the renovation of defunct retail centers into medical office building complexes.
  • Representing PulteGroup’s Georgia Division in all aspects of the acquisition of property and development of residential subdivisions for the Pulte, Centex, Del Webb, Sun City and John Wieland product types. Recent developments include townhomes, condominiums, detached residences and active adult communities such as Parkside at Mason Mill, Sun City Peachtree, Stonehill at Lenox, Terraces at Oakdale, Del Webb at Chateau Elan and Del Webb at Lake Oconee.
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Professionals

Name Title Office Email
Partner Orlando
Counsel Denver
Counsel Los Angeles
Associate Atlanta
Associate Atlanta
Counsel Columbus
Partner Orlando
Associate Atlanta
Partner Orlando
Partner Orlando
Partner Cleveland
Counsel Cleveland
Partner Atlanta
Partner Cleveland
Counsel Atlanta
Partner Orlando
Partner Cleveland
Partner Orlando
Partner Atlanta
Associate Cleveland
Partner New York
Counsel Orlando
Partner New York
Partner Houston
Partner Orlando
Associate Orlando
Counsel Orlando
Partner Washington, D.C.
Partner Orlando

Experience

Our nationally recognized real estate team has broad experience in real estate development, financing and transactions. Our in-depth knowledge of the real estate landscape informs our advice and supports the business goals of our clients, as these recent highlights show:

  • Represented Big River Steel, LLC, in the development of a $1.5 billion state-of-the-art steel mill constructed on approximately 2,000 acres along the Mississippi River near Osceola, Ark. The representation included site acquisition from multiple landowners; establishing access to and from the site for rail and river barge transportation; protecting cultural resources (i.e., Native American historical sites); securing permits for wetland and stream channel impacts; all real estate aspects of project financing and tax incentives; and advice regarding leasing and development of outparcels.
  • Represented the sponsor group and an industrial startup company, Mississippi Silicon, LLC, in structuring and securing multiple sources of financing for the development, construction and operation of a $200 million silicon metal production facility.
  • Representing Northside Hospital, Inc., in all of its real estate matters, including real property acquisitions, development of medical facilities, physician alignment transactions, mergers and acquisitions, and management of its leasing portfolio. We serve as construction counsel, negotiating and drafting design and construction contracts for existing and new facilities.
  • Representing a large regional hospital system in innovative development and financing transactions, including sale-leaseback transactions involving the renovation of defunct retail centers into medical office building complexes.
  • Representing PulteGroup’s Georgia Division in all aspects of the acquisition of property and development of residential subdivisions for the Pulte, Centex, Del Webb, Sun City and John Wieland product types. Recent developments include townhomes, condominiums, detached residences and active adult communities such as Parkside at Mason Mill, Sun City Peachtree, Stonehill at Lenox, Terraces at Oakdale, Del Webb at Chateau Elan and Del Webb at Lake Oconee.
  • Representing PulteGroup’s North Florida Division in all aspects of the acquisition of property and development of residential subdivisions. Recent developments include townhomes, detached residences and active adult communities such as Palencia, Las Calinas, Whaley’s Creek, Twin Creeks and Bannon Lakes.
  • Represented the developer of a $70 million, 600-acre suburban mixed-use project that included a boutique hotel, a corporate headquarters office building, a rehabilitation hospital, a memory care facility, an assisted living facility and a restaurant. We negotiated, documented and closed the land acquisition and sale; negotiated and documented infrastructure construction, development agreement and declaration of restrictive covenants; and worked with multiple municipalities to obtain necessary development approvals.
  • A member of our team served as chair of the City of Orlando Community Venues Oversight Committee for the $1.3 billion public/private sports and entertainment venue projects in downtown Orlando, Fla.
  • Representing one of the premier developers of student housing in the United States in the construction of its projects and other development issues. Currently assisting with the development of a mixed-use project in Gainesville, Fla., consisting of residential units, retail space and a hotel. We are assisting in all aspects of the transaction, including negotiation of joint venture agreements, construction contracts, financing agreements, and purchase and sale agreements.
  • Advised Sherwood Equities Inc. in the $200 million sale to Tishman Speyer of almost half of the block on 10th Avenue between 34th and 35th streets in the Hudson Yards district of Manhattan.
  • Representing a longtime client, one of the largest owners and managers of affordable housing projects in the Midwest, in an active expansion program. In the past 18 months, we have assisted in the acquisition of 13 affordable or market-rate properties in six states totaling more than $100 million in invested value, and in the restructuring and renovation of 11 affordable housing projects using low-income housing tax credits.
  • Represented Spottswood Companies, Inc., in the acquisition, development, financing, construction and management of the Key West Marriott Beachside Hotel in Key West, Fla.; the iconic Faro Blanco Resort & Yacht Club in Marathon, Fla.; and the Holiday Inn Express® & Suites Marathon in Marathon, Fla.
  • Represented a developer in connection with a $30 million acquisition, construction and development of a 153-room Marriott Hotel in the University Circle area of Cleveland, Ohio.
  • Represented the United States Tennis Association (USTA) in the development of what will be the national headquarters of USTA Player Development and the largest tennis training facility in the world. The 63-acre, $60 million facility will serve as the “Home of American Tennis” and will be located in Lake Nona, Fla.
  • Represented Highland Fairview Properties in the aggregation and acquisition of more than 2,000 acres of land in Moreno Valley, Calif., which is being entitled and developed for multifamily residential, industrial, commercial and mixed uses.
  • Assisted a provider of grocery and food-service supply chain solutions with the acquisition of an 88-acre tract in Findlay, Ohio, where it has constructed a $119 million distribution and warehouse facility.
  • Represented Belmont Resorts, Ltd., in the development of a large, mixed-use, eco-sustainable hotel, resort and golf course on the north coast of St. Kitts. The transaction involved a hotel, a fractional-use component, 18-hole golf course, tennis facility, retail shopping, beach club and undeveloped land.
  • Representing a developer in the acquisition and construction of a 250,000-square-foot mixed-used site on the west side of Manhattan, which will house an auto dealership and residential rental or condominium units.
  • Represented a Fortune 100 company in connection with the development of complex mixed-use projects in the Central Florida tourist corridor, including the sale and acquisition of land for general commercial, hotel, retail, residential and other uses, and the preparation and negotiation of sophisticated governing documents.

Recognition

  • Chambers USA: Real Estate
    • Florida (2014 to 2017)
      • Real Estate: Zoning & Land Use in Florida (2007 to 2015)
    • Ohio (2007 to 2017)
    • Texas (2010 to 2016)
    • Recognized Practitioner in California (2017)
  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • U.S. News – Best Lawyers “Best Law Firms” (2016)
    • Leisure and Hospitality Law 
      • Metro Orlando, Tier 1
    • Real Estate Law
      • National Tier 2
      • Metro Cleveland, Tier 1
      • Metro Columbus, Tier 1
      • Metro Orlando, Tier 1
  • The Best Lawyers in America© (2016) 
    • 3 lawyers named in Leisure and Hospitality Law
    • 11 lawyers named in Real Estate Law

Key Contacts