Real Estate

Overview

“They are excellent - very responsive, smart, easy to work with and efficient.”

– Chambers USA 2016

From concept through construction to occupancy, BakerHostetler’s multidisciplinary real estate practice offers an integrated approach, a national practice and a documented record of success. With decades of experience in the acquisition, disposition, financing, leasing, development, construction and operation of all property types, our nationally recognized team of more than 50 attorneys provides a full spectrum of legal services and a well-earned reputation for responsiveness and efficiency.

We make it our mission to understand our clients’ businesses as well as they do. We are proactive, creative and collaborative in assisting our clients in achieving their strategic goals. We focus our legal expertise and experience on “seeing the big picture” while getting the details right, overcoming obstacles without complicating the issues, and getting the deal done with efficiency and professionalism.

Cross-practice support: Our effectiveness as real estate counsel is strengthened by the participation of our colleagues across the firm, who have years of experience in tax, corporate, environmental, litigation, regulatory compliance and other related fields. With more than 945 lawyers throughout the country, we provide a one-stop shop for national and international real estate matters.

What we do:

Development

  • Conservation easements
  • Construction contracts and litigation
  • Contract negotiations
  • Corporate and project structuring
  • Entitlements and incentives
  • Environmental remediation restrictive covenant agreements
  • Homebuilding
  • Joint venture negotiations and agreements
  • Land use approvals
  • Preparation and negotiation of development agreements
  • Project planning
  • Title and survey review and coordination

Financing

  • Acquisition, development and construction loans
  • Joint venture agreements
  • Mezzanine, warehouse line and other types of financing and refinancing
  • Private equity
  • Repurchase agreements (REPOs)
  • Tax credits and government incentives (new markets, historic and low-income)
  • Traditional and nontraditional financing options

Leasing

  • Amendments, terminations, renewals, estoppel certificates and SNDAs
  • Declarations, REAs, and covenants and restrictions
  • Portfolio leasing for companies with a national footprint
  • Preparation and negotiations of commercial leases for office, industrial, retail, restaurant, warehouse and all other property types
  • Termination and/or release agreements

Transactions

We handle acquisitions and sales of commercial, retail, office, industrial, vacant and improved lands, including local, multistate, international and portfolio matters. We routinely assist our clients in all aspects of real estate transactions, including:

  • Due diligence, including title, survey, property condition reports, zoning and environmental review
  • Management agreements
  • Tax strategies
  • Trust and estate planning
More »
Who we work with
  • Healthcare systems
  • High-net-worth individuals/family offices
  • Homebuilders
  • Hotel and resort owners and developers
  • Investment groups
  • Landlords and tenants
  • Lenders
  • Local, regional and national developers
  • National and international hospitality brands
  • Nonprofits
  • Partnerships and corporate entities
  • Private equity
  • Property management companies
  • REITs
  • Restaurants
  • Waste management companies
  • Waste-to-energy companies
Our experience encompasses:
  • Distribution and warehouse facilities
  • Eminent domain/condemnation
  • Healthcare buildings and campuses, hospitals and medical office buildings
  • Hotels, marinas, resorts and vacation ownership properties
  • Manufacturing/industrial facilities
  • Mixed-use developments
  • Office buildings and office parks
  • On- and off-campus student housing
  • Residential and commercial condominium development
  • Retail centers and restaurants
  • Single- or multifamily residential communities
  • Sports and entertainment venues and facilities

Our real estate attorneys play an active role in our firm’s nationwide cross-practice industry teams. We are particularly active in the areas of healthcare, hospitality, student housing, energy, tax credit transaction and eminent domain, as noted below:

Healthcare: With a very active and unique real estate practice focused on the specialized needs of the growing healthcare industry, we represent multicampus health systems and other healthcare providers and users in the acquisition, development, leasing and management of hospitals, medical office buildings, nursing facilities, senior living facilities and assisted living communities. We have significant experience with on- and off-campus development, and tremendous expertise navigating the nuances of Stark, anti-kickback and other healthcare laws in a real estate context. Our team also draws on its deep healthcare regulatory and transaction bench to assemble multidisciplinary teams in advising on large-scale corporate healthcare transactions.

Hospitality: We are well-positioned to handle all aspects of mixed-use, timeshare or fractional property development. BakerHostetler has one of the nation’s leading practices in the hospitality industry, and we are well-known as the go-to team for counsel on mixed-use projects that integrate resort hotel, timeshare, fractional, condominium, branded residential, casino or marina components.

Student housing: 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.

Construction: 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.

Homebuilding: We represent one of the nation’s largest homebuilders in property acquisition and development of subdivisions, townhomes, detached residences and active adult communities. Our experience also includes infill projects and mixed-use developments that include residences.

Energy development: Our real estate attorneys work closely with our energy team on transactions and business matters relating to pipelines and transmission line rights, leasing and other complex transactions involving natural resources.

Tax credit transactions: Our real estate team is particularly well-versed in new markets tax credits, historic tax credits and low-income tax credits used in rehabilitation, redevelopment and development of projects throughout the country. Many of our new markets tax credits engagements involve multiple tax credit investors, tiers of entities with multiple layers of debt and equity, and tax-exempt entities.

Eminent domain/condemnation: Our attorneys have extensive experience representing both condemnors and condemnees in eminent domain proceedings. Such representation includes assisting governmental authorities and common carriers with the eminent domain authority in obtaining access to property before commencement of eminent domain proceedings, assisting clients in negotiating good-faith offers in contemplation of the exercise of eminent domain authority, and representing clients in condemnation proceedings, from the initial condemnation hearing through the entire appellate process.

Select Experience

Our nationally recognized real estate team has broad experience in real estate development, financing, leasing 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:

Industrial
  • Represented Big River Steel, LLC, in all real estate matters connected with 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 involved site acquisition from multiple landowners, including all real estate due diligence; 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.
Healthcare
  • 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.
Residential
  • 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.
Hospitality
  • Representing a major hospitality brand in connection with acquisition, disposition, leasing, landlord/tenant disputes and other real estate issues for its restaurants, cafes, hotels and retail stores nationally and internationally.
Restaurant
  • Represented Del Frisco’s Restaurant Group in leasing several properties throughout California for its Del Frisco’s Grille concept restaurants.
Sports and entertainment
  • 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 state-of-the-art facility will serve as the “Home of American Tennis” and will be located in Lake Nona, Fla.
Commercial and mixed-use
  • 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.
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Professionals

Name Title Office Email
Associate Seattle
Partner Houston
Partner Orlando
Associate Atlanta
Partner Los Angeles
Associate Houston
Partner Orlando
Counsel Denver
Counsel Los Angeles
Associate Atlanta
Associate Atlanta
Associate Atlanta
Senior Advisor Cleveland
Counsel Columbus
Partner Orlando
Associate Atlanta
Partner Houston
Partner Orlando
Partner Los Angeles
Partner Orlando
Associate New York
Partner Cleveland
Associate New York
Associate Orlando
Counsel Cleveland
Partner Atlanta
Partner Cleveland
Counsel Atlanta
Partner Orlando
Partner Orlando
Partner Cleveland
Associate Cleveland
Associate Cleveland
Partner Orlando
Partner Atlanta
Associate Cleveland
Partner New York
Counsel Orlando
Partner Orlando
Partner New York
Associate Atlanta
Of Counsel Atlanta
Associate Atlanta
Partner Orlando
Partner Houston
Partner Orlando
Associate Orlando
Counsel Orlando
Partner New York
Associate Orlando
Associate Houston
Partner Cleveland
Partner Orlando
Partner Orlando
Associate New York

Experience

Our nationally recognized real estate team has broad experience in real estate development, financing, leasing 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:

Industrial
  • Represented Big River Steel, LLC, in all real estate matters connected with 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 involved site acquisition from multiple landowners, including all real estate due diligence; 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. The project involved innovative financing (substantial federal and state new markets tax credits paired with German export credit financing). We also handled all of the real estate aspects of the deal, including negotiation of the project site lease and subleases, acquisition of the site and access road, all due diligence review, negotiation of the mortgages, and satisfying lender requirements.
Healthcare
  • 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.
  • Representing a regional hospital system that owns multiple hospital campuses, medical office complexes, surgery centers, imaging facilities and infusion centers in the management, operation and leasing of all facilities and assets, as well as strategic alignment with physician practices and other healthcare providers.
  • Advising regional and national owners and operators of long-term-care facilities with respect to the acquisition, development and financing of significant portfolios of skilled nursing homes and assisted living facilities, and providing counsel with respect to financing vehicles for acquisition and development, including tax-exempt bonds, portfolio master leases and sale-leaseback transactions.
  • Represented a nonprofit healthcare facility in connection with entity formation, financing and new markets tax credits associated with a rehabilitation project in downtown Lorain, Ohio.
Residential
  • 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 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.
  • 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 the client in its 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 a developer in connection with the nearly $40 million historic rehabilitation of an approximately 110,000-square-foot building in Pittsburgh, Pa., into a 151-unit residential rental complex. This project includes federal and state historic tax credits, state incentives, and a number of lenders and equity investors.
Hospitality
  • Representing a major hospitality brand in connection with acquisition, disposition, leasing, landlord/tenant disputes and other real estate issues for its restaurants, cafes, hotels and retail stores nationally and internationally.
  • Advised Hyatt Corporation in its acquisition of the Peabody Orlando, the sale of its Hyatt Residential Group to Interval Leisure Group, and its purchase of the Hyatt Regency Grand Cypress.
  • 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 Spain’s largest hotel chain in connection with a long-term lease for the construction and operation of its first hotel in New York City.
  • Represented a global hospitality company in its sale of all of the subsidiaries constituting its timeshare and fractional ownership resort business.
  • Represented a premier timeshare company in the sale of its vacation ownership business to a hospitality and vacation ownership company. We led negotiations, drafted the sale and purchase agreements, and conducted due diligence.
Restaurant
  • Represented Del Frisco’s Restaurant Group in leasing several properties throughout California for its Del Frisco’s Grille concept restaurants.
  • Representing a quick-service restaurant company and its affiliates in the acquisition, leasing and site development for new restaurants, and assisting in property and lease matters for existing locations throughout the United States.
  • Representing a national restaurant chain in real estate matters for their restaurants in the United States and Canada, including new restaurant locations, both purchase and lease, and dealing with property issues for existing locations.
Sports and entertainment
  • 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 state-of-the-art facility will serve as the “Home of American Tennis” and will be located in Lake Nona, Fla.
  • Serving as lead counsel to the primary development entity and the Orlando Magic involving the redevelopment of an 8-acre site in downtown Orlando. The project is a $250 million mixed-use development involving hotel, office, multifamily and retail components and a parking structure.
  • Represented an arts organization and its affiliates in the $40 million acquisition and rehabilitation of an approximately 300,000-square-foot building in downtown Cleveland involving both federal and state historic tax credits and new markets tax credits. The project involved the collaborative utilization of the building by several nonprofit educational and performing arts organizations.
  • Assisted The Cleveland Play House in its move to the downtown theater district in Cleveland, Ohio. We assisted The Cleveland Play House with the sale of its existing theater and negotiated the use agreement and signage agreement for the Allen Theater among The Cleveland Play House, PlayhouseSquare Foundation and Cleveland State University.
Commercial and mixed-use
  • 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.
  • Represented Highland Fairview Properties in the aggregation and acquisition of more than 2,000 acres in Moreno Valley, Calif., which is being entitled and developed for multifamily residential, industrial, commercial and mixed uses. The project has spanned more than 10 years and has included financing, joint ventures and the leasing of an approximately 1.8 million-square-foot distribution center to Skechers USA, which at the time was reportedly the largest single-tenant lease transaction in the country.
  • Representing a developer in its acquisition of two historic buildings in Ohio City, Cleveland. The multiuse development project will include retail, commercial and residential development, as well as space for a charter school. We are assisting with the financing, including federal and state historic tax credits and low-income housing tax credits.

Recognition

"A very professional firm that understands how to balance market conditions and business requirements."– Chambers USA 2013

  • 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

Memberships

"Top-notch. They have offices in other states, so they have a good network and good capabilities to operate nationally if required."– Chambers & Partners interviewee

Members of our team are active locally and nationally in key real estate industry groups and we are frequent speakers and writers on real estate topics.

Our memberships include:

  • American Resort Developers Association (ARDA)
  • Building Owners and Managers Association (BOMA)
  • Commercial Real Estate Women (CREW)
  • International Council of Shopping Centers (ICSC)
  • National Association for Industrial and Office Parks (NAIOP)
  • Urban Land Institute (ULI)

Key Contacts