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Representative Work
- Lead counsel in $45 million and $70 million multi-state railroad infrastructure construction projects financed through specialized multi-series bond financings utilizing unique transportation corporation entities.
- Lead lending counsel in $200 million multi-currency loan transaction to a local corporation and its international subsidiaries in over 17 countries.
- Lead local lending counsel in $430 million loan to a Missouri public utility secured by specialized utility assets in over 200 locations in over 35 counties.
- Lead counsel in the purchase out of bankruptcy and financing of multiple manufacturing facilities in three states.
- Lead counsel in the negotiation, documentation and closing of numerous business, acquisition, real estate, financing and lending transactions involving businesses, companies and assets in over 35 states.
- Serving as outside general counsel for numerous clients, including an international agricultural products manufacturing company headquartered in Nebraska and with manufacturing facilities in four states, a non-profit senior living and health care community located in Kansas City and a Kansas City-based railroad terminal company owned by five major class-one railroads operating in the western United States (including representing this company for over 12 years and serving for over seven of these years as this company's formally-elected corporate Secretary and General Counsel).
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Wind Energy Projects
- Wind energy clients - Representation of wind energy developer clients throughout the Midwest, with current ongoing development of more than 40 wind projects in 12 states, including wind lease negotiation, financing, construction, environmental, easements, PILOT agreements, decommissioning agreements, title issues, and regulatory issues
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Residential
- Sandstone American Ranch - Representation of buyer with respect to the acquisition of a 2,000-acre property in Douglas County, Colorado for the development of an equestrian residential community, including establishing the homeowner association, obtaining entitlements and negotiation of various development agreements, including the approval of a Rural Site Plan and Exception, an Open Space Agreement, an Inclusion Agreement into the Perry Park Water and Sanitation District and other easements
- Prairie Center - Representation of buyer with respect to the acquisition and development of Prairie Center, a 2,200-acre master-planned community in Brighton, Colorado, including single-family homes, townhomes, condominiums, open space, recreational centers, schools, trail systems, retail, and an on-site regional hospital. Negotiated public and private financing, development agreements, annexation agreement, and zoning. Assisted the client with respect to the creation and funding of special districts for service to the project.
- Extell Development Company - Representation of owner/developer with respect to acquisition and development of a luxury residential complex in Cambridge, Massachusetts
- New South Federal Savings Bank - Representation of bank in its foreclosure of 39-unit luxury condominium project in Chandler, Arizona and 104 townhomes in Mesa, Arizona and subsequent sale of such assets
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Retail
- Sutherland Lumber Company - Representation of a regional home improvement retailer with more than 60 locations throughout the Midwest, including leasing, acquisition and sales of real property, including the recent sale of a $2.7 million property to be developed as a medical center/office in Olathe, Kansas, a recent sale and leaseback of a lumber yard in Boulder, Colorado and the purchase of real property in Port Isabelle, Texas
- Grocery Store Owner and Operator - Representation of an owner of a chain of grocery stores with respect to the acquisition and development of new grocery stores and retail strip centers in Kansas and Missouri, including the negotiation of zoning approvals, leases (both as landlord and tenant), and development incentives
- Nebraska Furniture Mart - Representation of owner/developer with respect to the development of the 450,000-square-foot Nebraska Furniture Mart retail development and warehouse facility in Kansas City, Kansas, to anchor a 400-acre retail and entertainment project at the Kansas Speedway together with public-private incentives, including STAR Bonds
- Concorde Career Colleges - Representation of client with respect to negotiation of leases for post-secondary career college campuses throughout the United States
- Extell Development Company. Representation of client with respect to the negotiation of retail leases in multiple developments located in New York City
- Chicago MetraMarket - Representation of developer with respect to leasing of Chicago’s first and only year-round, European-inspired indoor market with local artisans and purveyors located in suburban rail Ogilvie Transportation Center.
- Regional Lifestyle Shopping Center - Representation of developer in obtaining annexation, development, land use and zoning approvals, including granting of governmental incentives, such as sales tax revenue sharing agreements, for a 900,000-square-foot retail center and town home development and the successful development and operation of the retail center.
- Prominent National Developers - Primary development counsel for multiple regional shopping centers. Secured development approvals and addressed tenant issues for multiple anchors, big box retailers, restaurants, movie theaters and other retail tenants. Oversaw financial incentives, development approvals and construction issues related to development and redevelopment of shopping centers.
- Prominent National Fashion Department Store - Representation of prominent national fashion department store regarding negotiation of regulatory relief concerning the renovation of a 600,000-square-foot property located in downtown Chicago.
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Industrial
- KIK Custom Products - Representation of the owner of an industrial facility that is being relocated by the Regional Transportation District. The representation includes the acquisition of replacement property in Denver, Colorado, the entitlement issues for that relocation, the negotiation of condemnation proceeds for reimbursement and compensation, and a variety of inter-related agreements.
- The Coleman Company, Inc. - Representation of retailer in negotiation of a build-to-suit lease and development agreement for 1,100,000-square-feet distribution warehouse facility located in Gardner, Kansas. Representation of major outdoor products and camping gear retailer in site location, the negotiation of long-term lease, and obtaining state and local economic incentives, including property tax abatement, state income tax credits and sales tax exemption for purchases of furniture, fixtures and equipment.
- Prominent Kansas City real estate developer - Representation of syndicate of owners with respect to the acquisition of 383,937square-feet of office space in Johnson County, Kansas
- Prominent Kansas City real estate developer - Representation of purchaser with respect to the acquisition of 230-acre parcel in Johnson County, Kansas. Obtained all land use entitlements and economic development incentives to develop a three million-square-foot industrial/office park.
- Prominent Kansas City real estate developer - Representation of developer with respect to the acquisition of 19.97-acre parcel in Johnson County, Kansas, and construction of 150,910 square foot build-to-suit building leased to commercial company
- Prominent Kansas City real estate developer - Representation of client with respect to the negotiation of commercial and industrial leases in multiple developments located in Kansas, Missouri, and Georgia
- Sunflower Project - Representation of buyer with respect to the acquisition of a 9,000-acre former Army Ammunition Plant located in Johnson County, Kansas. Involves simultaneous negotiations with more than a dozen political subdivisions and departments (at all three levels of government), requiring a commitment to address explosive and environmental contamination (the first time that the Army privatized a site-wide explosives removal).
- Large public corporation headquarters development - Representation of major public company in acquisition of properties for development of new office headquarters in St. Louis County, Missouri. Involves property acquisition, negotiation of development agreements, headquarters lease, and public approvals and incentives relating to the new company headquarters and related office, residential and retail mixed-use developments.
- Large aerospace company headquarters office and warehouse distribution facility - Representation of a large aerospace company in lease of new office corporate headquarters and warehouse-distribution facility in Missouri involving negotiation of lease and related transactions.
- Prominent National Industrial Park Developer - Representation of one of the nation’s largest industrial park developers in development of multiple premier office, industrial and warehouse business parks including infrastructure and project development, governmental approvals, leasing and governmental incentives for millions of square feet of new facilities.
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Hotel & Leisure
- “W” Times Square Hotel for Extell Development Company - Representation of owner and developer of an assemblage located in Times Square, including a purchase of land (and air rights) to create a 53-story condominium development including a lease to a “W” hotel. In addition, the hotel supports a substantial signage tower that is one of the primary advertising venues in Times Square.
- Boston Harbor for Extell Development Company - Representation of owner and developer of a 20-story (750,000-square-feet) luxury hotel/condominium/parking garage project, which opened in 2006 on a waterfront site in Boston Harbor. The hotel portion is leased and operates as a 420-room hotel. The upper floors have approximately 120 residential condominium units.
- Kansas Speedway - Representation of owner and developer with respect to the development of NASCAR’s 80,000-seat Kansas International Speedway located in Kansas City, Kansas
- Schlitterbahn - Representation of owner and developer with respect to the ongoing development of an $800 million year-round family resort Schlitterbahn water park complex with adjacent retail and entertainment river walk project located in Kansas City, Kansas
- 101 Broadway - Representation of the buyer of a historic building in Denver, Colorado, which was converted to a hotel. The representation included reconstruction of certain aspects of the building, qualifying it for historical designation, tenant leasing issues, and facility repair.
- Sunway Hotel Group - Representation of a developer in the development of hotel complexes throughout the United States, including sites in Florida, Arkansas, Texas, Arizona, Nevada and Colorado. Legal services provided included the acquisition of raw ground (and rezoning if required) or existing improvements, preparation of applications with local municipalities for applicable licenses and financing the development and construction of the projects.
- Pet Resorts, Inc. - Representation of privately held owner and operator of high-end kennels, with respect to the negotiation and documentation of numerous build-to-suit leases in Arizona, Texas, Ohio and Oklahoma
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Office
- Kansas City Power and Light Inc. World Headquarters - Representation of KCP&L in leasing of 270,000square-feet of office space for its world headquarters at One Kansas City Place, Kansas City, Missouri, which leased space is intended to meet at least “silver” standards of Leadership in Energy and Environmental Design (LEED) as determined by the U.S. Green Building Council.
- Sprint Corporation - Representation of owner/developer with respect to the development of its $1 billion World Headquarters Office Campus located in Overland Park, Kansas.
- The University of Kansas Hospital Authority - Representation of hospital in negotiation of lease and construction agreement for construction and development of 202,000 square foot medical office building addition to the Hospital campus in Kansas City, Kansas. Representation of hospital in connection with negotiation of construction agreement and long-term lease of approximately 90 percent of the building to provide medical offices for the University of Kansas Medical Center campus for use by the physician group serving the University, Kansas University Physicians, Inc.
- Shawnee Village Associates, LP - Representation of company in negotiation of office lease for approximately 35,000 square-foot headquarters in Lenexa City Center East, Kansas, for Generali USA Life Assurance Company. Representation of the owner and developer of mixed-use center in negotiating office lease for office building anchor tenant, Generali USA.
- Extell Development Company - Representation of client with respect to the negotiation of office leases in multiple developments located in New York City.
- ForeverLiving Products - Representation of a subsidiary of an international aloe vera products company in a variety of leasing issues at its corporate headquarters in Phoenix, Arizona, including negotiating new leases for office space, telecommunication leases, amendments to existing leases and a cellular tower lease.
- Large public corporation land assembly for new corporate office headquarters - Representation of a major public company in an acquisition of multiple parcels of property in St. Louis County, Missouri to be part of a site for the new company office headquarters campus, including related parking and retail facility.
- Prominent International Retailer Headquarters and Office Park - Representation of a Fortune 50 international retail corporation in all aspects of the relocation and development of its two-million-square-foot headquarters and the development of an 800-acre business park.
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Mixed-Use
- Extell Development Company - Representation of owner/developer with respect to acquisition, demolition, development, construction, financing and leasing of an assemblage of properties located in the Diamond District of Manhattan, New York, which is intended to serve as a “global diamond exchange facility” in a centralized location
- The Spanos Corporation - Representation of developer with respect to real estate and development contract for purchase of approximately 19.5 acres for apartment project as part of a master planned residential, multi-family, retail and office development known as Shoal Creek in Clay County, Missouri. Representation included negotiation of the real estate and development contract, and related declarations and other real estate documents, and closing of transaction.
- One Lincoln Park Condominiums - Representation of the developer of a 181-unit multi-story, mixed-use project in central downtown Denver, including the land acquisition, zoning, construction lending, formation of the homeowner’s association, creation of the covenants, conditions and restrictions, and multiple other aspects of documentation and implementation.
- Mission Center Mall - Representation of the owner/developer with respect to the ongoing development of a mixed-use project to be known as “The Gateway”, including condominiums, retail, office, hotel, a movie theater and restaurants in Mission, Kansas.
- Trial Courts of Arizona, Maricopa County - Representation of Maricopa County, Arizona on development of $339 million, high-rise, criminal courthouse; the largest locally funded public works project in Arizona history. Representation included coordinating and developing the Court’s role as the main user of the project, including, aspects of the unique design and programming of the courthouse, programming, reviewing and commenting on designs, specifications, victim rights and ADA compliance, and, generally, translating the Court’s needs into concrete designs and specifications.
- Mission Farms West Development and Indian Creek Village - Representation of joint venture on all aspects of three mixed-use projects, including retail, residential condominiums, townhomes and offices spanning 1.5-million-square-feet in Leawood, Kansas. Representation included preparation of the declarations and restrictions for the entire project, creation of all controlling entities (such as homes association, condo association and master association), construction and permanent financing, and preparation of all retail leases and purchase and sale agreements for portions of the projects not retained by the joint ventures.
- Maizlish Trust - Representation of a local entity owning approximately 100 commercial projects nationwide including office buildings, strip malls and warehouse space. Representation encompasses the acquisition, development, leasing, financing and sale of properties and the establishment of joint venture agreements with other investors.
- Large real estate owner/operator - Representation of owner with respect to the sale of property to be used for redevelopment as a Federal Express Ground Facility in St. Louis County, Missouri, including extensive negotiations of complex terms and conditions for sale of property, modification of leases with tenants, and billboard and cell site leases on the property.
- Extell Development Company - Representation of owner/developer with respect to a series of acquisitions and assemblages (and the related air rights) in various parts of Manhattan, New York (including the neighborhoods of Midtown, Upper West Side, Upper East Side, Times Square, Hell’s Kitchen, and Chelsea) for the development and new construction or conversion into luxury residential and mixed-use condominium properties, including the well-known Orion, Ariel East and West, Altair and Lucida Condominiums.
- Universal Technical Institute, Inc. - Representation of a publicly traded owner and operator of automotive technical training schools throughout the country, on the $40 million industrial sale and leaseback of UTI’s 200,000 square foot campus in Sacramento, California, and on the $33 million sale and leaseback of UTI’s 150,000-square-foot campus in Norwood, Massachusetts. Representation also includes the negotiation and documentation of "big box" build-to-suit leases of UTI’s other campuses in Arizona, California, Illinois, Texas, Florida, North Carolina, and Pennsylvania, and in connection with the lease of UTI's corporate headquarters in Phoenix, Arizona.
- Suburban Mixed Use Project - Representation of a developer in redevelopment of a block and a half in downtown Arlington Heights, Illinois. The transaction included the negotiation of a Tax Increment Financing-based redevelopment agreement with the Village. Successful representation of our client occurred in the face of significant organized opposition, including petitions by thousands of residents and litigation. Representation included preparation of reciprocal easement and operating agreement, Final P.U.D. and Plat approval, street vacation, establishment of joint ventures, leasing of space and numerous other issues.
- Bond Financed Mixed Use Commercial Project - Representation of purchaser of mixed-use project consisting of residential, retail and office space situated on 9.4 acres in downtown San Francisco and refinanced by the proceeds of two series of variable rate revenue refunding bonds.
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