Polsinelli’s attorneys recognize both the opportunities and challenges that real estate matters present to clients – nothing has such a lasting effect on a business while also constantly changing as real estate. 

Recognizing the challenges presented by this paradox, our attorneys focus on developing a deep understanding not only of the variables that come into play on real estate matters but also their implications on our clients’ businesses. From acquisition and financing through development and leasing, we know the problems to avoid and drive to solutions that get the deal closed.  

With more than three decades of successful experience, our deep bench provides the practical solutions clients value, as well as vast experience in areas that include transactions, financing structures and land use entitlements.

We also recognize that in this day and age, development projects often need financial assistance beyond traditional sources. We have been involved in many of the largest incentivized public-private partnerships in the country, helping our clients with financing structures that include tax abatements, tax credits and special obligation bond financing. Coupled with our experience in structuring joint ventures, equity participation agreements and debt structures, we pride ourselves on being part of our clients’ team, finding solutions, closing gaps and getting our client to the finish line.

Polsinelli's Real Estate Practice rankings include:
  • A Top 10 Real Estate Practice Group by Real Estate Law360 in 2014. 
  • The number one Real Estate Law Firm in 2013 by Midwest Real Estate News.  
  • A national Tier One ranking in Real Estate Law by U.S. News and World Report’s Best Law Firm and Best Lawyers in 2015.
  • Eleven attorneys ranked by Chambers USA in (Real Estate) – 2016.
With offices and highly experienced attorneys spanning all time zones in the continental United States, we are prepared to handle our clients' real estate needs in an expert, timely, and cost-effective manner.

We have a broad range of practice areas and services, including:
  • Represented Fortune 100 corporation in approximately $3.0 billion sale to a REIT and lease back of approximately 250 large store retail properties across the United States and Puerto Rico. Work included all aspects of real estate including due diligence, conveyance, transfer tax and related requirements, REIT, assignment and lease, financial document analysis and local counsel opinion letters in numerous states. Also represented client on conveyance of properties to two joint ventures which were then incorporated into the larger REIT transaction.
  • Represented real estate private equity funds in $88,500,000 acquisition and mortgage financing of two multi-family apartment buildings in Los Angeles, California.
  • Represented client on its acquisition of an existing $1+ billion-valued office portfolio with properties located in four states by negotiating joint venture agreements amongst various partner groups, coordinating closing and numerous deliverables amongst lenders and other parties, mezz and senior loan documentation, negotiation of property management agreements and other ancillary closing deliverables. Assisted with licensure and legal compliance issues related to acquiring such properties and managing them on a go forward basis.
  • Represented developer and operator of high-end student housing in connection with a programmatic joint venture with a major life company to finance and operate stabilized student housing projects nationwide; original closings involved approximately $500 million in equity investment. The transaction involved negotiating the joint venture, recapitalizing each asset and significant tax planning to optimize tax treatment for investors remaining in the transaction. Additionally, the transaction required the negotiation of the redemption of existing capital investors.
  • Represented developer and operator of high-end student housing in connection with a programmatic joint venture with a major life company to finance the development and construction of new student housing projects nationwide. The first closing involved approximately $50 million in equity investment. The transaction involved negotiating the joint venture, negotiating construction financing, obtaining zoning and other entitlements, and significant tax planning. Additionally, the transaction required the negotiation of the redemption of existing capital investors. 
  • Negotiated an up to $150 million private equity capital infusion by a NY-based investment fund into an existing development company to provide capital for expansion and growth.  The investment was structured as debt to maximize available deductions and minimize net cost to the company. The investment included a parallel structure to accommodate projects with historic tax credits. The transaction involved due diligence on approximately 40 projects, all organizational matters, contribution agreements for each project, debt review and analysis, significant consent requirements from both existing equity investors and debt holders. 
  • Representation of publicly traded REIT in connection with the $51 million sale/leaseback of an approximate 250,000-square-foot. office complex in McLean, Virginia. Our representation included all aspects of the transaction, including negotiation of the purchase and sale and lease agreements, related due diligence, land use diligence and closing of transaction.
  • “W” Times Square Hotel - Purchase of land (and air rights) to create a 53-story condominium development including lease to a “W” hotel with signage tower that is one of the primary advertising venues in Times Square.
  • Representation of publicly traded REIT in connection with the $10MM portfolio sale/leaseback of six early childhood education facilities in the Denver metropolitan area. Our representation included all aspects of the portfolio transaction, including negotiation of the Purchase and Sale and Lease Agreements, related due diligence, land use diligence and closing of transaction.  
  • Leasing counsel for a national kidney care provider with more than 1700 locations across the U.S.
  • Catholic Health Initiatives - Representation of a national hospital system with respect to its leasing of medical offices, on and off campus spaces and administrative facilities. Assist with construction of new facilities and relocations, including structuring joint ventures, financing, negotiating construction agreements and obtaining entitlements.
  • 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.
  • One57 - Assemblage of 21 parcels with multiple financings over a 14-year period, culminating in 2011 with completion of negotiations with Hyatt Hotels to acquire and manage a 210-key Park Hyatt in a portion of the 708,000-square-foot, 90-story building currently under construction that will also include luxury residential units and high end retail.
  • Advised the master developer of a 40-acre mixed-use transit oriented development in Denver, Colorado.
  • Represented a resort owner with respect to its real estate development projects in Eagle and Summit Counties, Colorado, which have included a golf course community, two hotel/condominium projects, a luxury branded residence project, a condominiumized parking structure, and six residential condominium projects.
  • Represented owners of office and industrial buildings in connection with condominium conversions.
  • Represented the master developer of a 5,000 acre Douglas County, Colorado master planned community, including work related to homeowners association documents, sales of finished lots to homebuilders and sales of larger development parcels for commercial and health care developments.
  • Represented purchaser of portfolio of 21 medical office buildings in nine states.
  • Represented developer of private non-equity recreation club, including preparation of club bylaws, rules and regulations and amenities lease.
  • Advised a client in connection with the development of a downtown Denver city block with two office towers with penthouse condominiums.
  • Sprint Corporation Headquarters - Development of Sprint’s $1 billion world headquarters office campus.
  • Kansas Speedway - Development of NASCAR’s 80,000-seat Kansas International Speedway located in Kansas City, Kansas.
  • OnGoal,LLC / SportingKC/Livestrong Sporting Park – Development of 18,000-seat soccer and entertainment stadium, national-level youth tournament athletic complex and 4,500-employee medical IT office complex to be occupied by Cerner Corporation.
  • Saint Louis Office - Representation of major public company in acquisition of properties for development of new office headquarters in St. Louis County, Missouri including 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.
  • Sunflower Project - Representation of buyer in acquisition of 9,000-acre former Army Ammunition Plant including 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).
  • Smith Electric Vehicles Manufacturing Facility - Development of manufacturing facility in the Bronx for the world’s leading all-electric truck manufacturer. Led successful negotiations with state, city, borough redevelopment, zoning, incentive package including working with the state to repurpose federal funds to assist buyers of electric trucks to receive a cash credit to help bridge the initial cost gap between diesel and all-electric.
  • Diamond Tower - Acquisition, demolition, development, construction, financing and leasing of an assemblage of properties located in the Diamond District of Manhattan, New York intended to serve as a “global diamond exchange facility.”
  • Orion, Ariel, Altair, Lucida Condominiums Acquisitions and assemblages (and the related air rights) in various parts of Manhattan (including Midtown, Upper West Side, Upper East Side, Times Square, Clinton, and Chelsea) for the development and new construction or conversion into luxury residential and mixed-use condominium properties.
  • Carlton House - Representation of owner and developer in acquisition of long term ground lease in connection with Carlton House Hotel redevelopment project.
  • Boston Harbor Hotel Intercontinental - 20-story (750,000-square-feet) luxury hotel/condominium/parking garage project on 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.
  • Universal Technical Institute- 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.
  • Schlitterbahn - $800 million year-round family resort Schlitterbahn water park complex with adjacent retail and entertainment river walk project.
  • Enron Building, Houston - The former Enron Corporate Headquarters Building in Houston was acquired out of bankruptcy. We helped our client submit the winning bid of approximately $100 million. Representation of client in the bankruptcy bid process, acquisition of the property, investor organization and acquisition and mezzanine financing, and leasing.
  • Chicago Insurance Exchange Building - This historic building in downtown Chicago has approximately 1,500,000-square-feet and has been redeveloped to convert the building to Class A office space with a completed value estimated in excess of $300 million. Legal services included acquisition, financing (construction, mezzanine and permanent) and leasing.
  • Trial Courts of Arizona, Phoenix - 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.
  • Wind Energy Projects - Representation of wind energy developer clients current ongoing development of more than 40 wind projects in 12 states, including wind lease negotiation, financing, construction, environmental, easements, payment in lieu of taxes agreements, decommissioning agreements, title issues, and regulatory issues.
  • Prairie Center, Colorado - 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. Creation and funding of special districts for service to the project.
  • Mixed Use/Museum Site - Representation of developer client in obtaining approval of $30 million in Community Improvement District financing to help fund $600 million mixed-use project that will feature the first “franchise” location of the American Museum of Natural History in the country.
  • Pet Resorts - Representation of privately held owner and operator of high-end kennels negotiating and documenting numerous build-to-suit leases in Arizona, Texas, Ohio and Oklahoma.
  • Portfolio Sale - Representation of related sellers of 22 properties in seven states for $300 million.
  • 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 project.
  • Retail Site Redevelopment - Redevelopment of an 88-acre retail site including the structuring of economic development incentives, including both Tax Increment Financing and a Community Improvement District; the issuance of municipal bonds to fund the project; the development and analysis of redevelopment pro formas; land assemblage including dozens of property owners; condemnation proceedings; blight and environmental remediation; litigation; and serving as lead negotiators and chairs of numerous meetings before the City Council, TIF Commission and numerous taxing jurisdictions.
  • Mall Redevelopment - Redevelopment of existing mall site. The total project cost was $250 million. Polsinelli obtained all entitlements for new mixed-use improvements and securing incentive packages from state and local governments totaling $55 million.
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