- Acquisitions and Sales, Including Tax-Deferred Exchanges: BERENBAUM WEINSHIENK PC's Real Estate
Department has a wide range of experience in representing buyers, sellers, and lenders in connection with the
acquisition, sale, and exchange of shopping centers, hotels, office buildings, mixed-use developments, multi-family
projects, industrial and warehouse facilities, and raw land. Our services include the negotiation and drafting of
letters of intent and purchase and sale agreements, negotiation and drafting of broker's commission and listing
agreements, title review and analysis, assistance in due diligence, analysis of the property to be acquired, and
all other matters necessary to take a transaction from a proposal to a closing. Many times we also provide
assistance in the formation of an acquiring entity and the preparation of its organizational documents, including
advice on the type of entity, preferred equity arrangements, tax issues, buy-sell arrangements, and other exit
strategies. Our firm has assisted many clients in the negotiation and consummation of like-kind exchanges of
real estate qualifying for tax-free treatment pursuant to Internal Revenue Code Section 1031, including
simultaneous and deferred exchanges.
Commercial Leasing: BERENBAUM WEINSHIENK PC has had an active and wide-ranging real estate leasing
practice for many years. This practice consists of both landlord and tenant representation on a large variety of
properties in the Rocky Mountain region and beyond. The firm also reviews and comments regularly on leases and
participates in lease negotiations for real estate lenders. The Real Estate Department is very active in matters
involving the leasing of space in office buildings, shopping centers, restaurants, telecommunications sites, and
other commercial property, as well as ground leases.
- Condominium and Townhome Projects and Owners Associations: An important aspect of most residential
real estate developments and many commercial developments is the creation of various covenants and owner association
documents to govern the use and maintenance of communities. We have prepared master declarations for large residential,
multi-use, commercial, and industrial projects, condominium declarations for condominium projects, and townhome
declarations for townhome projects throughout the state. We will establish owner associations pursuant to the
declarations and assist with association matters during the period in which the developer/declarant controls the
associations. Projects in which we have performed such services include Green Valley Ranch, a large, mixed-use
development near the Denver International Airport, numerous condominium projects in downtown Denver, condominium
conversion projects in Denver, Avon, and Mt. Crested Butte, hotel condominium projects in Mt. Crested Butte, and
smaller projects throughout the state.
Real Estate Lending: Our real estate department has been a leader for the last 50 years in financing
many of the major real estate projects in Colorado and elsewhere. Its experience spans all forms of commercial
development, from land acquisition and development loans, to construction lending, to permanent lending, and from
HUD and Fannie Mae insured loans to various types of credit enhanced loans. The firm recently represented two lenders
who financed the construction of a complex, mixed-use development which changed the commercial landscape in the
Cherry Creek area of Denver. Our clients include local and national financial institutions, as well as private banking
departments and privately-owned financial institutions.
Foreclosures and Receiverships: The Real Estate Department provides a wide range of services in
the areas of mortgage banking, commercial foreclosures, commercial loan workouts, receiverships, residential
foreclosures, and bankruptcy representation in connection with commercial and residential lending. The firm
represents some of the nation’s largest commercial and residential mortgage lenders and servicers in a
broad spectrum of real estate-related matters. The firm has particular expertise in receiverships, including
receiverships for office buildings, hotels, resorts, residential and commercial construction projects, and
commercial businesses. The firm also has expertise in HUD multi-family loan workouts and foreclosure of HUD
multi-family projects.
- Homebuilders and Construction: The firm represents a number of homebuilders in Colorado,
including both production builders and custom builders. The real estate attorneys in the firm handle construction
contract questions, home warranty issues, and contracts with suppliers and subcontractors. The Real Estate
Department also prepares construction contracts for various land development and multi-family construction projects
and sales contracts for sale of residences to buyers.
- Land Development: The firm represents owners of unimproved real property that is held for
long-term appreciation in value. Attorneys in the firm advise owners in structuring transactions to preserve
their investment character and eligibility for long-term capital gains treatment upon their ultimate disposition
and sale. The firm also represents owners of unimproved real property as they prepare to develop the property and
work with owners, their consultants, and tax advisors in structuring development of real property.
- Property Tax Appeals: For over 15 years, our real estate and tax attorneys have successfully
represented local and national business and individual property owners statewide in all aspects of real property
assessment and tax refund controversies at the state and local levels. Our property tax attorneys represent clients
in the full spectrum of property tax issues. We counsel clients on state and local taxes to assist them with property
acquisition strategies and negotiate with county tax assessors regarding assessed values of real estate. When
litigation becomes necessary to resolve disputes, we represent our clients from the initial administrative
proceedings conducted before state and local boards of equalization to appellate hearings and litigation before
the Colorado Board of Assessment Appeals, the State District Courts, the Colorado Court of Appeals, and the Colorado
Supreme Court. As the Colorado member of the American Property Tax Counsel, the national affiliation of premier
property tax law firms, we are uniquely positioned to assist clients with multi-state or national property
portfolios.
- Real Estate Brokers: Our firm's real estate department actively represents both residential
and commercial brokers. We focus on assisting our broker clients in successfully facilitating their purchase and
sale transactions, as well as their leasing and management of various types of properties. Our clients include
brokers from the Denver metropolitan area as well as the nearby resort areas, such as Vail, Breckenridge, and
Aspen.
- Real Estate-Related Environmental Issues: The firm has handled a number of environmental
matters, ranging from CERCLA litigation to environmental due diligence for real property acquisitions. The firm
represented a national retailer in structuring a complex environmental indemnity agreement with the United States
Environmental Protection Agency and the State of Colorado in connection with the acquisition and redevelopment
of a Superfund Site in Denver. The firm also represents a national pipeline company in connection with environmental
matters throughout the United States.
- Zoning, Platting, and Other Entitlements: The firm has a wide range of experience in the
entitlement process for its real estate development clients. That experience includes representing developers
before Planning and Zoning Commissions, City Councils, Boards of County Commissioners, and Design Review Boards.
The firm's real estate attorneys also will review subdivision plats, development agreements, and other documents
to be submitted to cities and counties for development approvals. We have handled entitlements along the Front
Range, from Ft. Collins to Colorado Springs, and in mountain resort communities.
Attorneys in our Real Estate Practice Group are:
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