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Real Estate & Environmental

Benesch’s Real Estate & Environmental Practice Group includes more than 40 real estate professionals and is a recognized leader in the Midwest and throughout the country. 

We represent buyers, sellers, developers, business owners, landlords, tenants, lenders and borrowers in a full range of services, from organizing and structuring the largest, most complex transactions throughout the country and around the globe to advising clients on their daily portfolio management issues and environmental compliance, regulatory and liability issues.  We are lead counsel in large-scale mixed-use development projects in downtown Cleveland, as well as in cities including Boston, Los Angeles, Columbus, San Antonio, New York City and Washington DC.

In short, when our clients are involved in their most complex joint venture, acquisition/disposition, financing and development projects, they regularly engage Benesch to represent them on such matters due to our market knowledge and our reputation as dealmakers. One aspect of our practice that we think sets us apart from our peers in the real estate industry in Ohio is that we are frequently engaged very early in the planning process by our clients because we participate in the structuring of the deal and in the formation of the capital stack, by making strategic introductions between developer clients and debt and equity sources

Benesch has significant experience in providing counsel on property acquisitions and dispositions, as well as the acquisition of distressed debt and assets.  Further, we counsel clients in all aspects of complex real estate transactions, including diligence, structure, negotiation and documentation.  We have completed hundreds of purchase, sale, and joint venture transactions.  We understand the importance of moving a deal forward. Each transaction has a pace to it that must be maintained to preserve the momentum of the deal and get it to closing.

Four of our partners are members of the American College of Real Estate Lawyers (“ACREL”), which is a group whose purpose is to gather together lawyers distinguished for their skill, experience and high standards of professional and ethical conduct in the practice of real estate law. Membership in ACREL is by invitation only. We are ranked by the 2020 edition U.S. News & World Report/Best Lawyers® “Best Law Firms” Rankings as a first-tier practice in Cleveland in Real Estate Law. Seven Benesch attorneys were named 2020 Best Lawyers® in the area of Real Estate Law.. Our real estate practice was nationally ranked by, and four of our partners were named Leading Lawyers in Chambers USA 2019. Many attorneys in Benesch’s Real Estate Practice Group are members of the International Council of Shopping Centers (“ICSC”) and regularly speak at the ICSC National Law Conference.

As noted above, our real estate practice is truly national in scope.  While clients benefit from the lower rate structure that comes from working with a Midwest-based firm, our experience has no geographic limits in the U.S. Another benefit of the geographic scope of our practice is that we have a very strong network of local counsel who we are able to call upon when needed.  The following are examples of recent matters that illustrate the legal capabilities of the attorneys in our Real Estate & Environmental Practice Group.

Real Estate Transactions

  • Ongoing representation of numerous international and domestic REITs, private equity funds, pension funds and private developers in retail lease transactions, including the negotiation of approximately 2,000 retail lease transactions (over the past three years), including anchor leases, food/beverage/entertainment leases, in-line tenant leases, ground leases, and related transactions throughout the U.S.
  • Serving as lead real estate legal counsel to Toys “R” Us Property Company I, LLC ("Propco I"), a subsidiary of Toys “R” Us, Inc., in an effort to maximize the value of Propco I’s portfolio of approximately 284 properties in 46 states totaling 14.5 million square feet as part of the Chapter 11 bankruptcy of Toys “R” Us and its affiliates. Benesch is performing comprehensive real estate legal services associated with the operation, lease and sale of these of properties, which include former Toys "R" Us and Babies "R" Us stores, distribution centers, the Company's corporate headquarters in Wayne, NJ, and surplus retail properties ancillary to the former store locations.
  • Represented one of the nation’s largest multifamily housing developers in the acquisition, financing and development of a 145-unit market-rate multifamily apartment development with retail space near Boston, Massachusetts. Benesch handled all aspects of the debt and equity financing for the project, including $34 million senior construction financing and a joint venture with a national institutional equity investor, in addition to general development matters.
  • Represented one of the nation’s largest multifamily housing developers in a multiple-layered joint venture and construction financing for a 190+ unit multifamily apartment project in a mixed use development near North Andover, Massachusetts. The transaction involved traditional senior construction financing, a cross-contribution agreement, development of shared infrastructure, the relocation of easements, and multiple levels of joint ventures, including a joint venture with a large institutional investor.
  • Ongoing representation of a global real estate investor in all leasing transactions, asset management work and multiple redevelopment projects across an 11-million square foot portfolio of malls and shopping centers throughout the U.S. One particularly complex redevelopment involved the total transformation of a former urban mall Ballston Common in Arlington, Virginia, into a mixed-use project including experiential retail, entertainment, office and residential uses.
  • Represented one of the largest developers, owners and managers of multifamily residential property in the country in connection with the disposition of a two property portfolio of apartment complexes with in Texas, one in a suburb of Austin and the other in San Antonio. The properties were each subject to unique condominium association structures, and one of the properties was the subject of a 1031 exchange, which added complexity to the transaction.  Benesch handled all aspects of the disposition on behalf of the client, other than certain tax advice in connection with the 1031.
  • Ongoing representation of one of the country’s largest retailers in negotiations with regional developers in connection with the development, construction, operation and potential sale of outparcel development projects located on approximately 60 properties owned and ground leased by the client on a nationwide basis. The transactions involve unique structuring, including fee for development models as well as potential joint ventures and profit participation rights, as determined on a project and developer specific basis.  Benesch has helped the client develop form documents and processes for the negotiation and execution of term sheets and letters of intent, predevelopment agreements and development agreements. 
  • Ongoing representation of one of Canada’s largest developers and owners of multifamily residential properties in connection with all of its U.S.-based acquisition and dispositions as well as the ongoing asset management of these properties. As part of this engagement, Benesch has assisted in the acquisition, asset management and disposition of multiple large-scale apartment projects in Florida, Ohio and Texas. 
  • Ongoing representation of a large, publicly-traded REIT in connection with the disposition of a portfolio of approximately 50 assets across over 20 states.
  • Ongoing representation of a fully-integrated real estate developer, owner and manager of retail properties focused on acquiring distressed or “value-add” shopping centers that can be redeveloped into complex retail and mixed use properties. As part of this engagement, Benesch has assisted in the acquisition, re-capitalization, redevelopment and leasing of multiple large-scale retail redevelopment projects in Florida and Massachusetts.  Benesch handles all aspects of the client’s acquisitions, joint ventures and capital transactions, including all debt and equity matters.
  • Represented a national real estate investment fund in connection with the acquisition of a 170,000+ square foot regional retail power center located outside of Chicago, Illinois. Representation included negotiation of the purchase agreement, conducting title, survey, zoning, leasing and other legal due diligence, providing counsel in connection with equity and debt financing and joint venture structuring, and closing the transaction.  The transaction also involves complicated ongoing material leasing matters that are being addressed in connection with the sale. 
  • Represented one of the world’s largest international real estate private equity firms and that company’s operating partner in connection with the acquisition of an approximately 600,000 square foot mixed use property located in the greater Oakland, California market. The property includes a dominant regional retail power center, as well as office, industrial and flex space. 
  • Represented a private developer in connection with the acquisition and financing of a regional shopping center located in Southwest Ohio. Benesch assisted with the acquisition and handled all aspects of the debt and equity financing for the project, including a $21 million CMBS loan and an $8 million equity investment from a joint venture partner.
  • Represented one of the world's largest real estate private equity funds in connection with its sale of a multistate portfolio of wholly- and joint venture­ owned grocery-anchored shopping centers for over $100 million.
  • Represented a large publicly traded REIT in connection with multiple sales of grocery anchored shopping centers and power centers, as well as excess development land, on a national basis, with transaction values typically ranging from $10 million to in excess of $50 million. Recently closed transactions include sales of assets located in Arkansas, Idaho, Pennsylvania, California, Virginia, South Carolina, Mississippi and Florida.
  • Benesch represented a multifamily developer in the acquisition of a large market-rate apartment complex in a suburb of Columbus, Ohio, which also included acquisition financing, a preferred equity component, and a complicated joint venture.
  • Represented a private developer in connection with the acquisition and financing of an existing regional shopping center and to-be-developed land in Goodyear, Arizona. The debt component included a $35 million CMBS loan. Benesch will also serve as project counsel in connection with the development of the adjacent land.
  • Represented one of the world's largest real estate owners and managers in the disposition of a power center in Alabama with a purchase price of almost $54 million.
  • Represented a developer in its capacity as the primary investor in a joint venture being formed for an approximately $91 million acquisition and redevelopment of a mixed-use (retail and office) property located in Brooklyn, New York.
  • Represented a large institutional investor as purchaser of a $52 million grocery-anchored shopping center in Pennsylvania and subsequently as borrower on a $32 million CMBS loan secured by such shopping center.
  • Represented a publically-traded REIT in the sale of a 175,000 square foot shopping center for $18.5 million in Horseheads, New York.
  • Ongoing representation of large institutional joint venture in connection with the sale of numerous significantly sized shopping centers located throughout the U.S. Recently closed transactions include sales of assets located in Georgia, Connecticut, Pennsylvania, South Carolina, Texas, Arkansas, Florida and Tennessee.
  • Represented a private equity fund in connection with its sale of a joint venture­owned power center in Texas for over $80 million and assignment of the loan encumbering such shopping center.
  • Represented one of the world's largest real estate private equity funds in connection with the acquisition of a retail focused mixed-use property in California for in excess of $45 million.
  • Represented a large institutional investor as borrower on a $27 million CMBS loan secured by a grocery-anchored shopping center in California.
  • Ongoing representation of a developer in connection with the de-malling and complete transformation of recently acquired, struggling enclosed malls, including providing counsel with respect to the construction, development, public finance, leasing, REA and anchor tenant approval considerations and negotiations, and debt and equity financing.
  • Represented one of the world's largest real estate owners and managers in the disposition of a grocery-anchored shopping center in Nassau County, New York, with a purchase price of $75 million.
  • Represented a large institutional investor in the disposition of a power center near Birmingham, Alabama, with a purchase price in excess of $60 million.
  • Represented the purchaser in the acquisition and financing of a shadow­anchored shopping center located near Grand Rapids, Michigan, including a "reverse" 1031 exchange.
  • Represented the borrower in a deed-in-lieu of foreclosure transaction for a 334,000 square foot shopping center with no liability to the borrower and structured as a like-kind exchange to defer recognition of depreciation recapture in Flint, Michigan.
  • Represented large real estate private equity fund in connection with the sale of multiple retail properties located in Texas.
  • Represented one of the world's largest real estate private equity funds in the acquisition of a fee and ground leasehold interest with respect to a grocery anchored shopping center located in Connecticut.
  • Ongoing representation of a private family in connection with the redevelopment of a former Kmart into a multitenant shopping center, which includes junior anchor leases, modification of title documents, and acquisition of adjacent land.
  • Ongoing representation of a private developer in the negotiation of capital transactions for the acquisition and redevelopment of shopping center assets throughout the U.S., including multiple preferred equity investment transactions with institutional investors.

Sale-Leaseback Transactions

Benesch’s Real Estate & Environmental Practice Group works directly with owners, investors, lenders and other clients, to navigate the benefits and complexities of sale-leaseback transactions.  Sale-leasebacks are often used when owners of real estate property need to raise capital in circumstances when conventional financing may not be available or appropriate. In today’s current tightening credit market, sale-leaseback transactions have re-emerged as an attractive vehicle for owners and investors of real estate to tap a readily available source of capital.  Sale-leaseback transactions have become increasingly popular over the last two decades, but have experienced an accelerated growth over the past few years.  Given the current economic climate, many companies are exploring the possibility of monetizing the increased value of their real estate holdings and the historically low interest rates, which allows the company to enhance liquidity, invest the proceeds back into their core business, finance acquisitions or growth strategy, or invest in other ventures.  Our representative sale-leaseback experience includes:

  • Represented the seller/tenant in the sale-leaseback of four manufacturing facilities in four states for over $48 million.
  • Represented the buyer/borrower acquisition, financing and leaseback of a supermarket property in Costa Mesa, California for $13 million.
  • Represented the buyer/borrower in the acquisition, financing and leaseback of a supermarket property in Torrance, California for $8.5 million.
  • Represented a Fortune 500 tire manufacturer in the sale-leaseback of improved real property with the construction of a new corporate world headquarters, a new headquarters facility for the North American tire business and improvements to the company’s technical center and research facilities.
  • Handled divestiture of a 40-acre parcel and the subsequent leaseback of a 6-acre parcel to serve as the site of a world headquarters.
  • Represented numerous manufacturing and distribution companies in sale-lease back transactions.

Representing Lenders

  • Represented one of the nation’s largest banks as the lead syndicator and arranger of construction financing for the development of an iconic 34 story residential tower with ground floor retail space and a parking garage in downtown Cleveland, Ohio. The development is a high-profile project in the nation’s second largest performing arts district outside of New York. The development involved a vertical subdivision and multiple ground lease structure. As counsel for the lead bank, Benesch took the lead in the document negotiation and all aspects of due diligence, including title, survey and zoning review and comprehensive review and analysis of the documentation of the tax increment financing and other public incentives that the project received.
  • Represented a national lending institution in the senior loan on the $350+ million mixed-use hotel/multi-family and retail development on E. 9th Street in Cleveland, Ohio. Our work included documenting the $70 million construction loan, and coordinating the loan with 24 other sources of capital necessary to fund the development of the complex development.
  • Represented a lender in the making of a $21 million mezzanine loan secured by a pledge of membership interests in an entity that was developing a shopping center in Chicago, Illinois. The loan involved complicated intercreditor issues and purchase rights, as well as a multitude of construction issues.
  • Negotiated with lender for a partial release of one of the properties permitting the sale under threat of eminent domain.
  • Represented a pension fund in the permanent financing of a suburban shopping center.
  • Represented a life insurance company in numerous financings of commercial and retail properties.
  • Represented large national lenders on the issuance of construction loans to developers for the acquisition and development of multiple parcels of land.
  • Represented lender in the financing for a high-rise building containing a hotel and office space secured by mortgage encumbering air rights, fee and leasehold parcels.
  • Represented a lender in the acquisition of a 15-story apartment/mixed-use property by deed-in-lieu of foreclosure of a $32 million mortgage.
  • Represented lender in the financing of seven office/warehouse projects in two states.
  • Represented a mezzanine lender in connection with a $1.2 million bridge loan.
  • Represented a lender in connection with several mezzanine loans provided to retail property owners, each having a typical transaction value of in excess of $10-$15 million.
  • Represented a national bank in connection with all real estate matters relating to the issuance of letters of credit in excess of $25 million to support the bond financing of senior care, nursing home and assisted living facilities.
  • Represented a national bank in connection with all real estate matters relating to a $16.5 million credit facility.

Representing Owners/Developers

  • Represented a multiple national and regional developers in connection with the redevelopment of over 50 shopping centers (including open air-centers and enclosed malls) throughout the U.S. In this role, we enter the process early and start by evaluating the potential legal hurdles (co-tenancy, consent rights, REA issues, etc.) in order to assess the feasibility of a potential redevelopment project. We then often serve as project counsel in connection with the development, construction, financing (debt and equity) and leasing efforts, in many cases leveraging our national relationships with retailers and financing sources to aid in the completion of the project.
  • Represented a developer in the development and new construction of a 2.2 million square foot integrated mixed-use complex covering two city blocks. The project is an arrangement of subdivided air-rights parcels with the following components: 48-story residential tower with apartments and condominiums, 17-story 200,000 square foot class A office tower, 120,000 square feet of first and second floor retail, 84 linear residential units, over 1,800 stall parking structures and a 90-key luxury hotel that spans the airspace between the residential tower and office tower.
  • Ongoing representation of a developer in connection with the de-malling and complete transformation of recently acquired, struggling enclosed malls, including providing counsel with respect to the construction, development, public finance, leasing, REA and anchor tenant approval considerations and negotiations and debt and equity financing.
  • Represented a national developer in connection with the co-development of a high-profile, vertical-mixed use project in Texas. The project includes multiple uses, including a 430+ unit multifamily apartment complex, within a large scale vertical mixed-use project including ground floor retail, office and hotel uses and subterranean parking facilities. Benesch serves as overall project counsel to one of the national co-developers. The project involves a complex leasehold, vertical condominium regime and is a public/private partnership with local governmental entity.
  • Ongoing representation of the owner/developer in the redevelopment of enclosed regional mall in the Washington D.C. metro market, into an urban, mixed-use project including experiential retail, office, parking and multi-family apartment project.
  • Represented a regional developer in connection with multiple vertical mixed-use development projects, involving retail, multi-family and student housing, many of which developments are structured as long-term development ground leases.
  • Represented developers of new shopping centers, including a 1.6 million square foot open air shopping center in southwest Florida, including multiple phases and a variety of uses, such as retail, entertainment, restaurant and hotel.
  • Represented the developer of an 80-acre, mixed-use retail, entertainment and residential project in southeast Florida, integrated with an existing state-of-the-art thoroughbred horse race track with a Vegas-style clubhouse and casino.
  • Represented one of the largest developers, owners and managers of multifamily residential property in country in the development and financing of a 330-unit multifamily apartment development near San Antonio, Texas, including multiple joint venture limited liability company agreements, $28+ million construction financing, $11.5 million mezzanine financing, a shared work infrastructure development agreement and multiple declarations of covenants, restrictions and easements related to the mixed-use development of which the apartment property is a part.
  • Represented a developer in its capacity as the primary investor in a joint venture formed for the acquisition and redevelopment of a mixed-use (office and retail) property located in Brooklyn, New York. In documenting the joint venture, Benesch led the effort to structure the purchaser/borrower vehicle as a tenancy-in-common arrangement (including the drafting of a complex tenancy-in-common agreement) to take advantage of 1031 proceeds that were brought into the deal. The interest acquired in the transaction was a leasehold interest (which included a complicated ground lease and sub-ground lease structure).
  • Represented a large developer in connection with the acquisition of a large downtown garage, and the development of a 20 story multi-family tower to be constructed above the existing garage. Our work includes the documentation of the acquisition documents, the formation of the complicated joint venture structure, and the handling of all development, financing and construction matters. Development will cost approximately $100 million.
  • Represented a large developer in connection with the development of a $300 million+ mixed-use development in downtown Cleveland, OH. Our work includes the land assemblage, acquisition financing, documentation of the entire capital stack (including multiple joint venture structure), the $235 million construction loan, and all diligence matters including complex environmental issues.
  • Development and financing of two $40 million+ multi-family developments in Dallas, Texas. Representation included all work with respect to property development issues, structuring and documentation of construction financing and mezzanine financing, and equity negotiation and documentation.
  • Represented one of the largest developers, owners and managers of multi-family residential property in country in the development and financing of a multi-phase multifamily apartment development in Pittsburgh, Pennsylvania, with an initial phase of more than 360 apartment units, including multiple joint venture limited liability company agreements, $57+ million construction financing, a ground lease, an option agreement, a shared work infrastructure development agreement and an amendment to an existing declaration of covenants, restrictions and easements.
  • Restored and redeveloped the Colonial and Euclid Arcades in Cleveland, Ohio into a $30 million mixed-use facility consisting of a hotel, retail businesses, and a parking garage. The deal included conventional financing, two loans from the city of Cleveland, a HUD 108 loan, and Tax Increment Financing.
  • Represented a real estate developer in the development and leasing of a three­phase, 550,000 square foot shopping center in Newark, Delaware.
  • Represented one of the largest multifamily development construction and management companies in the country in the acquisition, financing and development of a 131-unit market-rate property located in Jersey City, NJ. Benesch handled all aspects of the debt and equity financing for the project, including a senior construction financing, a joint venture agreement with multiple private equity investors and a complicated promote structure, in addition to general development matters. The project also involved several complex issues, including a contribution of land by one of the joint venture partners, several complicated title issues, and a complicated 1031 structure to accommodate several of the equity investors.

Experience

  • Represented the owner/developer in the leasing of an enclosed regional mall into an urban, mixed-use project, including experiential retail, office, parking, and a multifamily apartment project.
  • Ongoing representation of multiple owner/developers (including publicly held REITs) in numerous leasing transactions nationwide with national, regional, and local tenants.
  • Served as retail leasing counsel in several regions (including West, North, and Midwest) for an owner and operator of grocery-anchored shopping centers.
  • Ongoing representation of a global real estate investor in all leasing transactions, asset management work, and multiple redevelopment projects across an 11 million square foot portfolio of malls and shopping centers throughout the U.S.
  • Represented several of the largest shopping center owners in the United States in the negotiation and documentation of rent relief amendments due to COVID-19. This included the negotiation and documentation of over 1,000 lease amendments representing hundreds of millions of dollars in annual rent.
  • Assisted utility to navigate matrix of state and local governmental regulations for occupation and use of public ways to complete pipeline repair work.
  • Interpreted and enforced client's rights under oil and gas lease.
  • Representing a large publicly-traded REIT in the disposition of various retail assets across the country totaling over $100 million.
  • Representing one of the nation’s largest multi-family housing developers in the acquisition of various parcels in connection with luxury developments across the country.
  • Serving on a team as lead real estate legal counsel to Toys “R” Us Property Company I, LLC (“Propco I”), a subsidiary of Toys “R” Us, Inc., in an effort to dispose of, and maximize the value of, Propco I’s portfolio of over 250 properties in 46 states.
  • Represented a major North American energy company in preventing the halt of pipeline construction in an Ohio county following COVID-19 orders issued by local police and officials deeming the work nonessential. Argued that energy employees were “essential workers” and, after reviewing a draft of the TRO we intended to file, the county recognized the relevant exception(s) and allowed construction to continue.
  • Represented one of the nation’s largest multi-family housing developers in a joint venture and construction loan for the financing and development of an approximately $100 million 442-unit market-rate multifamily apartment development in Pittsburgh, Pennsylvania
  • Represented lenders in portfolio term loan financings covering dozens of properties in single transactions.
  • Represented a Fortune 50 manufacturing company in its disposition of decommissioned manufacturing facilities.
  • Represented one of the world’s largest real owners and managers in the disposition of a shopping center near Fort Worth, Texas, with a purchase price in excess of $30 million.
  • Represented a private, non-bank lender in a variety of loan workout transactions.
  • Represented a publicly traded retail REIT in various disposition and development matters.
  • Managed the environmental due diligence of a fund’s acquisition of 83 department stores out of bankruptcy.
  • Advised and managed multiple clients on the disposition of commercial, warehouse and office space under New Jersey’s Industrial Site Recovery Act (ISRA).
  • Advised the seller of a national automotive repair business on environmental issues involving property transfer under New Jersey’s Industrial Site Recovery Act (ISRA) and The Connecticut Transfer Act. 
  • Advised a buyer on all environmental issues that arose in its acquisition of a ​national, full-service logistics business focused primarily on courier, warehouse management and distribution services.
  • Represented a Florida developer, owner and manager of shopping centers in the recapitalization (debt and equity) of ten shopping centers in southern Florida.
  • Represented a fully-integrated real estate developer, owner and manager of retail properties on the acquisition of a distressed shopping center in the Orlando, Florida area valued at over $38 million and on the $28 million loan secured by the shopping center.
  • Represented a fully-integrated real estate developer, owner and manager of retail properties on the acquisition of a shopping center in the Fort Worth, Texas area valued at over $58 million and on the $30 million loan secured by the shopping center.
  • Representing a NYSE-listed REIT in the negotiation of a construction loan and preferred equity financing in connection with a large multi-phased, mixed-use development (with retail, multifamily and other uses) in Illinois.
  • Represented a private real estate investment firm in the restructuring of a $300 million debt & equity facility, to fund the acquisition of large shopping centers and redeveloping them into mixed use projects.
  • Represented Canadian developer, owner and manager of multifamily residential property in in the acquisition and financing of 560+ unit multifamily development in Texas valued at $68 million.
  • Counseled and assisted Transmission and Distribution groups of an Ohio public utility, as their primary legal advisor dealing with a wide variety of business, legal, environmental, and regulatory matters.
  • Led all legal and negotiation efforts for the acquisition of subsurface gas storage rights for a major North American energy company.
  • Represented a former national retailer in the disposition of a 656,000 square foot distribution center in California for over $35 million.
  • Represented a former national retailer in the disposition of its 191-acre former corporate headquarters in New Jersey.
  • Represented a former national retailer with the disposition of 72 former retail locations in 27 states.
  • Represent various private equity and institutional REIT landlords in the redevelopment and leasing of former box or anchor store spaces throughout the U.S.
  • Represent largest co-working office tenant in its lease transactions taking place in Boston, Austin and other flagship markets in the U.S.
  • Represented Fortune 500 company as Tenant in the execution of a 1 million + square foot warehouse distribution center lease in Texas.
  • Serve as lead real estate counsel for an expanding retailer who rolled out an initial 50+ stores in under 4 months across the Midwest in 2019 and who continues to expand the brand across the U.S.
  • Lead counsel for a national private equity fund in structuring and deploying a total of more than $150 million of loans within a one-year time period, with each individual loan in the $1 million to $12 million range, to acquire, construct or refinance troubled properties across all asset classes including retail, hospitality, multifamily (low-income and market rate) and senior living, industrial and office.
  • Representation of a national banking lender in a $75+ million construction loan for the rehabilitation and conversion of an office building into a residential rental apartment building in Cleveland, Ohio.
  • Representation of the developer in the refinancing of a mixed-use residential and retail development in northeast Ohio, with an $80+ million CMBS loan.
  • Representation of RES Polyflow in the $185 million bond financing for construction of a new plastics conversion plant in Indiana.
  • Representation of the lender in the financing for the construction of a market-rate townhome project in North Carolina.
  • Representation of an owner in the financing for the construction of its new headquarters office in a Chicago suburb.
  • Representation of a national banking lender in an approximately $25 million refinancing of an industrial/office portfolio with properties located in several states throughout the country.
  • Acquisition, development, financing, leasing and management agreements for parking facilities throughout the United States. Included assemblies of multiple properties to create sites for parking facilities and future development, acquisition of office buildings with structured parking and financing of a portfolio of parking facilities.
  • Represented a Florida developer, owner and manager of shopping centers in the recapitalization of two grocery-anchored shopping centers in southern Florida valued at over $30 million.
  • Represented Canadian developer, owner and manager of multifamily residential property in in the acquisition and financing of 560+ unit multifamily development in Texas valued at $68 million.
  • Represented Canadian developer, owner and manager of multifamily residential property in the sale of multifamily residential property in Texas valued at over $20 million.
  • Represented a large real estate private equity fund in connection with the sale of a joint-venture owned shopping center in Texas for over $20 million.
  • Represented a large real estate private equity fund in connection with the acquisition of a grocery-anchored shopping center in southern Florida for over $34 million and subsequently as borrower on a CMBS loan secured by such shopping center.
  • Represented a large real estate private equity fund in connection with the sale of joint-venture owned shopping centers in Illinois for over $48 million.
  • Represented one of the nation’s largest national banks as the lead syndicator and arranger of construction financing in Cleveland, Ohio.
  • Represented one of the nation’s largest multifamily housing developers in a multiple-layered joint venture in Jersey City, New Jersey.
  • Represented one of the nation’s largest multifamily housing developers in a multiple-layered joint venture in North Andover, Massachusetts.
  • Represented one of the nation’s largest multifamily housing developers in a joint venture and construction loan in Maryland.
  • Represented the owner in the approximately $13 million financing of a shopping center in Evansville, Indiana.
  • Represented the owner in refinancing of an approximately 400-unit multifamily apartment complex in Memphis, Tennessee, with a $15+ million Fannie Mae loan.
  • Represented the owner in the refinancing of a 320-unit multifamily apartment complex in Indianapolis, Indiana, with a $16+ million Fannie Mae loan.
  • Represented one of the nation’s largest multifamily housing developers in a joint venture in Boston, Massachusetts.
  • Represented one of the nation’s largest multifamily housing developers in the financing and development of a $51 million 145-unit market-rate multifamily apartment development with retail space near Boston, Massachusetts.
  • Represented the owner in the refinancing of an almost 1,000-unit multifamily apartment complex near Philadelphia, Pennsylvania, with a $36 million Fannie Mae loan.
  • Represented the owner in the refinancing of an almost 300-unit multifamily apartment complex in Memphis, Tennessee, with a $16+ million Fannie Mae loan.
  • Represented the owner in the approximately $21 million refinancing of an industrial portfolio consisting of properties located in Lenexa, Kansas; Branchburg, New Jersey; Sheffield Village, Ohio; and West Chester, Ohio.
  • Represented client in multiple real estate acquisitions totaling over $100,000,000 for various developers.
  • Handled national leasing negotiations for a retail tenant in over 15 locations throughout the United States.
  • Negotiated national leases on behalf of top tier accounting firm.
  • Negotiated construction contracts for over 25 quick service restaurants.
  • Structured various entities, handled LLC formation and equity offerings for a national restaurant developer.
  • Raised over $50,000,000 in EB‐5 Funding for former employer, as in‐house counsel.
  • Led team in multi‐million‐dollar C&I acquisition financing for 18 limited liability companies.
  • Negotiated and documented $50,000,000 in real estate loans for a single sponsor in a six‐month span.
  • Represented client in $400,000,000 acquisition of multiple Ski‐Resorts located throughout the country.
  • Acted as outside‐general counsel to national real estate developer.
  • Representing client in Superfund contribution litigation brought by NL Industries, who previously operated a lead reclamation smelter in Perth Amboy, NJ. When U.S. EPA issued NL an order to clean up lead-bearing slag from the smelter that was used to construct a seawall, NL sued former customers that had sent materials to the smelter for reclamation. The case highlights the Superfund's little-used recycling defense.
  • We are seeking to negotiate risk-based groundwater closure standards for a former municipal landfill located in southeastern Ohio. While risk-based (as opposed to generic, non-site-specific) standards have been accepted in the closure of hazardous waste landfills, analogous standards remain to be established for municipal landfills. 
  • Represent a fund in the sale of a 103 property portfolio of mobile home parks.
  • Represented a Midwestern Community Development Entity in dozens of loans to Midwest nonprofits.
  • Serving as lead real estate legal counsel to Toys "R" Us Property Company I, LLC ("Propco I"), a subsidiary of Toys “R” Us, Inc., in an effort to maximize the value of Propco I’s portfolio of approximately 284 properties in 46 states.
  • Lead real estate associate in the acquisition of multiple granite quarrying businesses in the U.S. and Canada. Responsible for all transfer documents and the financing of the acquisitions.
  • Member of the team that represented a public REIT in a $2.5 billion sale.
  • Helped shepherd the largest private coal company in the world through Chapter 11 bankruptcy and helped manage real estate assets valued in the billions of dollars.
  • Member of a team of associates in an $854 million 45-property portfolio acquisition and financing involving properties across the country and multiple secured loans. Completed due diligence and drafted transfer documents.
  • Represented a local hospital in the acquisition and redevelopment of land in Northeast Ohio.
  • Represented a private equity company in many of its portfolio companies’ leasing efforts.
  • Representation of lead lender in $55 million syndicated construction loan for the development of a 34-story residential tower and adjacent parking structure in Downtown Cleveland.
  • Represented a former Ohio bearings and copper foil manufacturer in negotiations with Ohio EPA over the remedial actions for several former manufacturing plants and the consent orders to implement those cleanups.
  • Defended the former owner/operator of an Ohio paper plant in environmental litigation brought by the current site owner seeking $38 million for alleged PCB contamination under the Resource Conservation and Recovery Act, RCRA, Superfund and common law.
  • Negotiated the settlement of a threatened U.S. EPA Superfund claim to recover the costs incurred to replace residential wells with municipal water lines in an area in New Hampshire contaminated with 1,4-dioxane.
  • Negotiated the RCRA risk-based clean closure approval for a former torpedo manufacturing facility in Cleveland, Ohio.
  • Defended a client against claims asserted by Wisconsin municipality seeking to recover remediation costs for the municipality’s former town dump.
  • Defended a petroleum company against claims by Ohio EPA seeking remediation of an 80-year old former petroleum refinery site, and negotiated the risk-based remedy for the site.
  • Represented a client in connection with a Superfund contribution claim arising from the Krejci Dump Superfund site, located within the Cuyahoga River Valley National Park in Ohio.
  • Assisted with the development and settlement of extensive environmental bankruptcy claims against chapter 11 debtors that had previously assumed such liabilities from the client.
  • Advised a major French mining and metal alloys company in its acquisition of a U.S. ferroalloys business from a Norwegian company, and then continued to represent the new owner in various environmental matters.
  • Advised a steel producer regarding release reporting requirements associated with detection of an oil sheen at a former plant on Lake Michigan.
  • Advised and assisted a client in a successful petition to U.S. EPA seeking approval to use an Alternate Test Method for fugitive opacity measurements in lieu of unproven digital camera system.
  • Defended a client against claims by the Michigan Department of Environmental Quality that the company's management of paint-booth cleaning solvents violated hazardous waste regulations.
  • Negotiated multiple consent orders with Ohio EPA and the Ohio Attorney General’s office to provide additional time for client to implement additional emission controls required by new air toxics rule.
  • Advised a rocket and missile propulsion manufacturer during the sale of its Electronics and Information Systems Group.
  • Defended an electronics manufacturer against third-party claims in an Ohio toxic tort class action arising from commingled ground water contamination plumes.
  • Represented the current owner of an Ohio petroleum refinery in its enforcement of a prior owner’s environmental indemnity obligations.
  • Represented an electronics manufacturer in successful efforts to obtain a risk-based No Further Action letter under Ohio EPA’s Voluntary Action Program (VAP) for a site from which a groundwater contaminant plume emanated, establishing new precedent for VAP sites with off-site migration. 
  • Defended a metallurgical manufacturing company in a Clean Water Act and Superfund natural resource damage lawsuit brought by the United States, Ohio and West Virginia alleging that a wastewater treatment chemical used by the client had killed fish and freshwater mussels in the Ohio River.
  • Appealed the U.S. EPA’s national emission standards for hazardous air pollutants (NESHAPs) for the ferralloys industry based on “maximum achievable control technology” (MACT) standards.
  • Appealed conditions attached by Ohio EPA to a client’s risk-based clean closure plan for a former hazardous waste storage area at its synthetic rubber pilot plant, leading to a negotiated closure approval.
  • Coordinated the work of a client’s environmental consultant to clean up areas of solvent, petroleum, and metal contamination at a former Illinois metal stamping facility.
  • Assisted a client in the development of proposed risk-based groundwater cleanup standards for former municipal dump, and follow up negotiations with Ohio EPA.
  • Defended a client against a private party’s state and federal Superfund claims alleging that the client’s former battery manufacturing operations had contributed to residential lead contamination.
  • Defended a chemical company, as prior owner of the site, in an administrative enforcement action regarding the investigation and cleanup of chlorinated solvent contamination in an Ohio public well field.
  • Defended the owner of bulk petroleum terminal against a RCRA citizen suit and Superfund claims brought by an Ohio municipality alleging petroleum intrusion into the public sewer system.
  • Defended the prior owner a New York petroleum stet distribution terminal against federal and state law environmental claims by the current owner and operator of the facility.
  • Negotiated an agreement among a client and other site operators for funding and coordination of solvent contamination cleanup work at a site with commingled groundwater contaminant plumes from multiple Silicon Valley electronics manufacturing facilities.
  • Obtained dismissal, based on plaintiff’s unreasonable delay in prosecution, of a claim alleging breach of an environmental settlement agreement, with affirmance by U.S. Circuit Court of Appeals for the 6th Circuit.
  • Represented a ferroalloys producer with respect to U.S. EPA’s development of proposed “residual risk” NESHAP, including interactions with U.S. EPA during data collection and rule development.
  • Benesch represents one of the nation’s largest multifamily housing developers in the ground leasing, financing, and development of a 430+ unit multifamily apartment complex within a large scale vertical mixed-use project
  • Benesch represented a regional developer in the development of a luxury student housing project in Columbus, Ohio near the campus of Ohio State University.
  • Represented one of the nation’s largest multifamily housing developers in a multiple-layered joint venture.
  • Represented one of the world’s largest real estate owners and managers in the disposition of a power center near Birmingham, Alabama, with a purchase price in excess of $60 million.
  • Represented the borrower in a $21 million CMBS loan secured by a five-property commercial real estate portfolio located in Bonita Springs, Florida.
  • Represented a national bank in a construction loan for a single-tenant building located in Port Charlotte, Florida.
  • Represented a national bank in a loan modification with membership interest pledges for a loan secured by an industrial building located in Cleveland, Ohio.
  • Represented the purchaser in the acquisition and financing of a shadow-anchored shopping center located near Grand Rapids, Michigan, including a “reverse” 1031 exchange.
  • Represented one of the world’s largest real estate owners and managers in the disposition of a grocery-anchored shopping center in Nassau County, New York, with a purchase price of $75 million.
  • Represented Canadian investors in the acquisition of a value-add multifamily apartment complex with ground floor retail located in Northeast Ohio and acquisition and renovation financing through a CMBS loan.
  • Represented one of the world’s largest real estate owners and managers in the disposition of a power center in Alabama with a purchase price of almost $54 million.
  • Represented the borrower in a $13+ million life insurance company loan secured by a multitenant industrial building located in Gainesville, Georgia.
  • Represented the borrower in a $23+ million insurance company loan secured by an industrial building located in Brownsburg, Indiana.
  • Represented the borrower in a $7.6 million life insurance company loan secured by a multitenant industrial building located in Menomonie, Wisconsin.
  • Represented the borrower in a $4+ million life insurance company loan secured by an industrial complex located in Worthington, Ohio.
  • Represented the purchaser in the membership interest purchase of a limited liability company that owns a 150+ unit multifamily apartment complex located near Louisville, Kentucky, which acquisition also involved a HUD loan assumption and a joint venture.
  • Represented a borrower in the $36 million Fannie Mae refinancing of a 960-unit multifamily apartment and shopping center complex located in Philadelphia, Pennsylvania.
  • Represented one of the nation’s largest multifamily housing developers in a multiple-layered joint venture.
  • Represented the seller in the disposition of a light industrial complex in Jacksonville, Florida, including a “reverse” 1031 exchange.
  • Representation of private equity groups in acquisitions of metalworking company and publishing company.
  • Counsel to publicly traded company in connection with sale/leaseback of three manufacturing facilities in three states for over $15 million.
  • Represented a NYSE listed REIT in the $400 million disposition of a 16 property multi-state portfolio of shopping centers.
  • Represented one of the largest private equity funds in the world as borrower in connection with multiple CMBS loan transactions secured by shopping center assets.
  • Representation of Fortune 50 company in disposition of two environmentally-impacted California properties, totaling approximately $175 million.
  • Representation of NYSE-listed REITs in the acquisition and disposition of shopping center assets, including $90 million purchase of an Oregon shopping center and $80 million sale of a Pennsylvania shopping center.
  • Counsel to institutional lender in over 50 interim and construction loans in 2016 and 2017.
  • Counsel to Fortune 50 company in 99-year, $100 million ground lease to a national shopping center developer.
  • Representation of developer in $35 million refinancing of mixed-use development located in Ohio.
  • Advised an energy company in the lease of real estate for the construction of a manufacturing facility anticipated to cost over $200 million.
  • Represented a Cleveland based developer in the acquisition and financing (bridge and construction) of land in downtown Cleveland in connection with the redevelopment of a large office building into a luxury apartment complex.
  • Represented a Fortune Global 500 company in connection with a $4.125 million acquisition of four commercial properties adjacent to its headquarters.
  • Represented one of the largest developers, owners and managers of multifamily residential property in country in the development and financing of a 330-unit multifamily apartment development near San Antonio, Texas.
  • Advised a private equity fund on various leasing issues in connection with its acquisition and operation of a 35 property retail portfolio valued at approximately $2 billion.
  • Represented a tenant in connection with a 37,776 square foot office lease and parking lot lease in Northeast Ohio.
  • Represented a publicly-traded REIT in the $400 million disposition of a 16 property multistate portfolio of shopping centers.
  • Represented the borrower in the $14 million refinancing of a multifamily apartment complex in Fort Wayne, Indiana.
  • Represented Altus Capital Partners II, L.P. in the acquisition of MAX Environmental Technologies, a fully integrated environmental treatment and disposal company.
  • Represented one of the largest developers, owners and managers of multifamily residential property in country in the development and financing of a 330-unit multifamily apartment development near San Antonio, Texas.
  • Represented one of the largest developers, owners and managers of multifamily residential property in country in the development and financing of a multi-phase multifamily apartment development in Pittsburgh, Pennsylvania.
  • Represented one of the world’s largest real estate owners and managers in the disposition of a shopping center in Tennessee with a purchase price in excess of $39 million.
  • Represented one of the world’s largest real estate owners and managers in the disposition of a power center in Texas with a purchase price of $100 million.
  • Represented a borrower in a $102 million CMBS loan secured by a large regional mall.
  • Represented a developer in the acquisition of a 14 property portfolio of affordable housing multi-family projects in Virginia for a purchase price in excess of $50 million.
  • Represented a developer in the acquisition and financing (bridge and construction) of land in Texas in connection with the development of a large student housing project.
  • Represented a developer in the acquisition and financing of land in connection with a mixed use development in Southern California.
  • Represented a NYSE-listed REIT in connection with the sale of a business park in California for a price in excess of $25 million.
  • Represented a purchaser in the acquisition and financing of two separate multi-family portfolios.
  • Represents one of the nation's largest multi-family housing developers in various development projects on a national basis.
  • Represented a prominent national developer and property owner in connection with obtaining multiple loans.
  • Represented the lender in the $14+ million construction financing of a single-tenant office facility near Akron, Ohio.
  • Represented a participating lender in a $20 million participation in a $65.5 million construction financing for the development of a multi-tenant retail shopping center near Pittsburgh, Pennsylvania.
  • Represented a publicly-held REIT in the disposition of multiple outparcel lots at a retail shopping center complex in Charlotte, North Carolina.
  • Represented the lender in the modification of a $6+ million permanent financing of a single-tenant office facility near Akron, Ohio.
  • Represented the owner in the $11.5 million refinancing of a multi-tenant retail shopping center located in DeKalb, Illinois.
  • Represented the borrower in the modification of a $5.6 million loan secured by a single-tenant industrial property located in Columbus, Ohio.
  • Represented the owner in the $12 million refinancing of a ten-building multifamily apartment complex in Mishawaka, Indiana.
  • Represented the borrower in the modification of a $5 million loan secured by a multi-tenant retail shopping center located in Chattanooga, Tennessee.
  • Represented the borrower in the $11 million refinancing of a 300-unit multifamily apartment complex in Fort Wayne, Indiana.
  • Represented the borrower in the $14 million refinancing of a multifamily apartment complex in Fort Wayne, Indiana.
  • Represented a prominent national developer and property owner in connection with a $48,000,000 loan from a life insurance company secured by a large regional shopping center.
  • Represented a developer in the ground leasing, financing, and development of a 364 unit multi-family luxury apartment development in Pittsburgh, Pennsylvania.
  • Represented a regional multi-family developer and property owner in the acquisition of a market rate apartment property in Southwest Ohio.
  • Represented a large regional property investor and owner in connection with various acquisitions and financings across numerous asset classes.
  • Represented a large industrial client in connection with administrative appeals of an air permit and Clean Air Act Citizen Suits in federal court.
  • As lead associate, represented a subsidiary of an international chemicals company in a products liability suit. Drafted successful brief in support of motion to dismiss all tort claims and helped obtain a favorable settlement of remaining contract claims.
  • As lead associate, represented a Fortune 50 company PRP in connection with a large Superfund site.
  • As lead associate, obtained a complete reversal of a trial court’s ruling by a state appellate court in a probate matter.
  • Represented a national bank in connection with a multimillion-dollar suit by borrowers alleging breach of contract, aiding and abetting breach of fiduciary duty, and collusions.
  • Advised shopping center owner as to shopping center’s prohibited and exclusive uses.
  • Advise a publicly-held REIT on various retail leasing matters, including issues in connection with proposed redevelopments, expansions, exclusive and prohibited uses, and signage rights for properties nationwide.
  • Represents a publicly-held REIT in various retail leasing matters, including national, regional, and local in-line tenant leases, ground leases, relocation, expansion, and extension agreements, and lease assignments.
  • Advise shopping center owner and developer as to potential violations of its exclusive and prohibited uses relative to individual tenant requests.
  • Represented shopping center owner in negotiations with city water service to supply water and sewer to the shopping center.
  • Advise shopping center owner and developer as to potential co-tenancy violations relative to individual tenant requests or potential closures.
  • Advised shopping center owner regarding owner’s intent to expand parking at the shopping center.
  • Advised shopping center owner as to owner’s intent to redevelop certain buildings and areas within the shopping center.
  • Represents a national real estate developer of grocery-anchored shopping centers in various retail leasing matters, including regional and local in-line tenant leases, ground leases, relocation, expansion, and extension agreements, and lease assignments.
  • Advised shopping center owner as to anchor tenant’s intent to expand its premises in the shopping center.
  • Represented a medical technology start-up in the negotiation of a sublease for its first office space post-funding.
  • Represented lender in $5+ million mortgage financing secured by an oil refinery in central Ohio.
  • Counsel to purchasers and sellers of regional and community shopping centers throughout the United States, including representation of a NYSE-listed REIT in the purchase and sale of numerous shopping center assets throughout the United States.
  • Representation of lenders in connection with construction financing for urban redevelopment projects, including multiple transactions supported by historic tax credits.
  • Counsel to developers of new shopping centers, including a 1.6 million square foot open air shopping center in Lee County, Florida, which included multiple phases and a variety of uses, including retail, entertainment, restaurant and hotel.
  • Counsel to the developer of an 80-acre, mixed-use retail, entertainment and residential project in Hallandale Beach, Florida, integrated with an existing state-of-the-art thoroughbred horse race track with a Vegas-style clubhouse and casino.
  • Counsel to a publicly traded company in connection with the master development of a $2 billion, 1000+ acre site in Connecticut, which project includes a new corporate headquarters for a global manufacturing company.
  • Representation of landlords in retail leasing transactions with national, regional and local tenants ranging from anchor tenants to restaurants and other retailers.
  • Representation of a NYSE-listed Mortgage REIT lender in connection with the development of its mortgage and mezzanine lending program and serve as lender’s counsel for construction loans, acquisition loans and refinance transactions throughout the U.S.
  • Representation of a NYSE-listed REIT in connection with multiple loan transactions, including a $350 million mortgage loan from a national life insurance company, which loan was secured by six shopping centers located in four states and Puerto Rico.
  • Counsel to private developer of multiple urban mixed-use projects with multi-story apartment projects above street-level retail.
  • Represented the developer in the acquisition and financing, including a $47+ million construction financing, $12+ million mezzanine financing, Port Authority financing, EB-5 financing and a 1031 exchange.
  • Represented the purchaser in the acquisition of a 104,000+ SF shopping center west of Chicago, Illinois, with a purchase price of approximately $6.7 million, including a 1031 exchange, and the development of a new outparcel.
  • Represented the developer in a $21+ million construction financing and $8+ million mezzanine financing for the development of a 200 unit multifamily apartment development in Dallas, Texas.
  • Represented the developer in a joint venture and $29+ million construction financing for a 300,000+ SF multifamily apartment development in north Texas.
  • Represented the developer in a joint venture and $30+ million construction financing for a 320,000+ SF multifamily apartment development in Austin, Texas.
  • Represented the owner in the $22 million refinancing of a 40+ building multifamily apartment complex in Indianapolis, Indiana.
  • Represented the owner in the $4.5 million refinancing of a multi-tenant commercial retail shopping center.
  • Represented the purchaser in the acquisition and Fannie Mae-backed financing of a 150+ unit multi-building apartment complex in Florida for a purchase price in excess of $9 million.
  • Represented the developer in a $22+ million construction financing and $7+ million mezzanine financing for the development of a 290+ unit multifamily apartment development in San Antonio, Texas.
  • Represented the investor group in a $11+ million refinance of a shopping center near Milwaukee, Wisconsin.
  • Represented the purchaser in the acquisition of a 150 unit multi-building apartment complex in Florida for a purchase price in excess of $7 million, including the assumption of existing HUD indebtedness on the property.
  • Represented the owner in the $26 million refinancing of a 500,000+ SF multi-building multifamily apartment complex in Indianapolis, Indiana.
  • Represented the owner in the $6.5+ million refinancing of a high-rise multifamily apartment tower.
  • Represented the owner in the $10+ million refinancing of a 98,000+ SF grocery-anchored retail shopping center in Massachusetts.
  • Represented the purchaser in the acquisition of a 76,000+ SF shopping center for a purchase price in excess of $4.8 million.
  • Represented the owner in the $13+ million refinancing of a 116,000 SF grocery-anchored shopping center in Tennessee.
  • Represented the owner in the $6.8+ million refinancing of a 120+ unit multi-building apartment complex.
  • Advised multiple borrowers in negotiating new loans and loan refinancings.
  • Negotiated the sale-leaseback of an 180,000 square foot office/warehouse facility.
  • Served as local counsel to borrowers and lenders regarding Ohio loans.
  • Represented mezzanine lender in negotiation of 20 million dollar loan.
  • Represented lender in negotiation of eight million dollar mezzanine loan financing.
  • Represented property owner in reservation of deed restriction.
  • Represented seller in disposition of commercial property in Texas.
  • Represented seller in disposition of shopping center in North Carolina.
  • Advised shopping center owner as to tenant’s request to add patio seating to shopping center.
  • Advised shopping center owner as to anchor tenant’s intent to expand its premises in the shopping center.
  • Advised shopping center owner as to owner’s intent to redevelop certain blocks of the shopping center.
  • Advise lender as to lien priority upon distribution of proceeds not distributed under a first mortgage lien.
  • Represented building owner in negotiation of temporary equipment storage lease.
  • Draft exclusivity and access agreement for potential buyer of a shopping center.
  • Represented buyer in acquisition of shopping center in Florida.
  • Represented buyer in acquisition of nursery and additional vacant land.
  • Represented landlord in negotiation of lessor’s agreement between landlord, tenant, and lender.
  • Represented lender in negotiation of mortgage modification advancing new funds.
  • Represented seller in disposition of vacant land in Beachwood, Ohio.
  • Represented borrower in negotiation of loan agreements including mortgage and guaranty.
  • Represented seller in disposition of commercial facility in Minnesota.
  • Represented seller in disposition of vacant warehouse building.
  • Represented seller in disposition of shopping center in North Carolina.
  • Represented seller in sale of residential home in Cleveland, Ohio.
  • Advise client as to potential co-tenancy violations upon closure of anchor tenant.
  • Assist lender in closing of $400,000 loan with multiple borrowers.
  • Advised lender regarding loan modification with multiple borrowers and multiple mortgages.
  • Represented shopping center owner in negotiation of lease amendment involving expansion of tenant’s space.
  • Represented seller in disposition of shopping center in Pennsylvania.
  • Represented Lender in negotiation of loan agreement with ground lessor.
  • Represented lender in negotiation of mortgage modification extending the term of the mortgage.
  • Represented landlord in negotiation of lease amendment with anchor tenant in New York shopping center.
  • Represented buyer in acquisition of 40 acre industrial facility.
  • Represented buyer in acquisition of nursing home facilities.
  • Represented buyer in purchase of nursing home facility in Illinois.
  • Represented client in commercial real estate transaction involving the acquisition of industrial property in Ohio.
  • Advised nursing facility as to placing a lien on real property.
  • Advised shopping center owner as to tenant’s request to add drive through window to shopping center.
  • Advised shopping center owner regarding owner’s intent to expand parking at the shopping center.
  • Assist buyer in closing of 1031 exchange transaction.
  • Represent buyer in negotiation of residential acquisition and termination of life estate interest.
  • Represented building owner in negotiation of warehouse lease.
  • Represented buyer in acquisition of 160 acre property in Ohio.
  • Represented property owner in negotiation of mutual easement agreement.
  • Represented tenant in negotiation of ground lease in California.
  • Represented shopping center owner in negotiation of tenant lease renewal.
  • Advised shopping center owner as to owner’s intent to renovate certain areas of the shopping center.
  • Advised shopping center owner as to shopping center’s prohibited and exclusive uses.
  • Represented buyer in acquisition of multi-use facility in Ohio.
  • Represented 501(c)(3) entity in negotiation of ground lease agreement.
  • Represented buyer in acquisition of shopping center in Indiana.
  • Represented landlord in negotiation of renewal of tenant’s warehouse lease.
  • Represented landlord in negotiation of lease amendment requiring consent to adjacent tenants expansion request.
  • Represented client in purchase of residential property.
  • Represented tenant in negotiation of office lease in Cleveland, Ohio.
  • Represented buyer in negotiation of purchase of warehouse and office facility in Cleveland, Ohio.
  • Represented seller in disposition of shopping center in Florida.
  • Represented land owner in negotiation of ground lease agreement with restaurant tenant.
  • Represented buyer in purchase of warehouse facility in Michigan.
  • Represented property owner in negotiation of temporary equipment lease agreement.
  • Represented tenant in negotiation of fitness center lease agreement.
  • Represented seller in disposition of shopping center out parcel in North Carolina.
  • Represented real estate developer in disposition of property portfolio in New York, Ohio, and Georgia.
  • Represented seller in sale of multiple warehouse facilities in South Carolina.
  • Represented seller in disposition of shopping center in South Carolina.
  • Represented seller in sale of commercial office park for $850,000.
  • Represented landlord in negotiation of office park lease.
  • Represented buyer in acquisition of multiple properties with operating gas stations.
  • Represented buyer in purchase of shopping center in Southern Ohio.
  • Represented real estate developer in disposition of multiple property portfolio.
  • Represented property owner in negotiation of right of entry and easement agreement.
  • Represented seller in disposition of shopping center in Tennessee.
  • Represented borrower in negotiation of construction loan agreement with lender.
  • Represented buyer in purchase of multiple adjacent properties and consolidation of such properties into a new parcel.
  • Represented landlord in development of lease agreement for shopping center tenants.
  • Represented landlord in negotiation of lease renewal extended the lease term and modifying future rents.
  • Advised lender as to potential issues real property collateral regarding real estate title.
  • Represented buyer in purchase of warehouse facility.
  • Represented lender in negotiation of loan modification releasing certain collateral.
  • Advise shopping center owner as to potential violations of its exclusive and prohibited uses relative to individual tenant requests.
  • Represented landlord in negotiation of residential lease agreement.
  • Draft lease for retail tenant in Ohio shopping center.
  • Represented landlord in negotiation of lease amendment in Ohio shopping center.
  • Represented lender in negotiation of loan modification extending the term of the loan and modifying interest calculations.
  • Represent landowner in oil lease dispute based on oil company’s abandonment of oil well.
  • Assist client in resolution of easement dispute with public utility.
  • Obtained settlement with local school board for appraised value of real property in Valuation Complaint proceeding in front of county board of revision, despite fact that client had recently purchased real property.
  • Represented lender in deed in lieu of foreclosure transaction for multi-million dollar manufacturing facility.
  • Represented a national, government-sponsored mortgage investor in enforcing mortgage lien rights.
  • Represented rubber manufacturer in loan workout and bankruptcy sale of multi-million dollar manufacturing facility
  • Represented construction company in securing and enforcing lien rights.
  • Represented developer in various retail leasing matters, including anchor tenant leases, in-line leases, ground leases, relocation and downsizing agreements and lease assignments.
  • Represented developer in the acquisition and development of more than 1,500 acres in Kauai, Hawaii.
  • Represented consumer goods manufacturer in $350 million refinancing involving more than 100 properties.
  • Represented national, full-service truck stop chain in the acquisition and development of truck stops throughout the country.
  • Represented mining company in all real estate matters.
  • Represented food and beverage manufacturer in the $2.95 billion acquisition of a beverage manufacturing company.
  • Represented developer in the acquisition, redevelopment and leasing of an office park outside of Denver, Colorado.
  • Represented healthcare services company in acquisition of several ambulatory surgery centers in California, Florida , Tennessee and Texas, which involved Stark Law compliance matters.
  • Represented developer in the acquisition and disposition of apartment complexes in Florida and Georgia.
  • Represented health care REIT in the acquisition and leasing of medical office buildings in California and Colorado.
  • Represented contractor in the negotiation of an AIA contract for project at high-rise condominium tower in Nashville, Tennessee.
  • Represented national amusement park operator in leasing of recreational water park facilities in California, Florida, Hawaii, Tennessee and Texas.
  • Represented large home improvement, agricultural and lawn and garden retailer in lease negotiations of 360,000 square foot store in Maryland.
  • Represented a tenant in the leasing of property in the Ohio City neighborhood of Cleveland, Ohio to be extensively renovated and used as a hostel, the only one of its kind in Northeast Ohio.
  • Represented a Cincinnati-based construction company in connection with the acquisition of a new headquarters building and the simultaneous taking of the company’s existing headquarters building by the State of Ohio through eminent domain.
  • Advised and assisted a governmental entity in the administration of its various real estate-based economic development loan and grant programs.
  • Advised a Port Authority in connection with a real estate due diligence review in anticipation of the Port’s acquisition of a municipal airport.
  • Advised a Cleveland-based developer as to its interest in 4,000 acres of land in West Virginia subject to fifty year-old coal leases.
  • Acted as lender's co-counsel in connection with a handful of the 35 sources of funds that were assembled to fund the $272 million initial phase of the Flats East redevelopment project in downtown Cleveland, Ohio.
  • Represented a Cleveland-based construction company in the acquisition of a combined office-warehouse space and the negotiation of financing for the purchase and build-out of such space.
  • Counseled a developer in connection with the redevelopment of an abandoned and dilapidated four story building into a mixed-use space through the leveraging of federal and state historic tax credits.
  • Represented a Northeast Ohio-based community development corporation in the formation of a special improvement district (SID).
  • Won summary judgment on behalf of bank in commercial foreclosure case involving over fifty million dollars in commercial properties.
  • Represented a publicly-held REIT in the redevelopment of an approximately 1,000,000 square foot outlet mall after the mall was flooded.
  • Represented a private, post-secondary educational institution in multiple sale-leaseback transactions nationwide.
  • Represented an advertising company in digital sign and wallscape lease agreements nationwide.
  • Represented a publicly-held REIT in the acquisition and development of a Target anchored shopping center in southern California.
  • Represented a publicly-held REIT in the acquisition and development of a multi-phased retail development in North Carolina.
  • Represented a publicly-held REIT in the redevelopment of a shopping center involving the relocation and termination of 30 existing leases.
  • We assisted The Goodyear Tire & Rubber Company in the sale and leaseback of its Akron, Ohio Campus
  • Represented Fortune 500 investment bank with financing of a multifamily housing project
  • Represented Fortune 500 company lender in connection with refinance of restaurants
  • Represented issuer in connection with a $40 million bond issuance secured by a multifamily housing project located in Atlanta, GA
  • Represented publicly traded REIT in connection with $85 million acquisition of nine senior housing facilities located in five different jurisdictions
  • Represented privately held lenders and special servicers in connection with loan workouts and foreclosures of commercial real estate properties
  • Represented Fortune 500 corporation in the negotiation of eleven commercial leases for manufacturing warehouses located in three different jurisdictions
  • Represented Fortune 500 lenders and servicers in connection with collateral substitutions for loans
  • Represented Fortune 500 retail chain in connection with the development and leasing of numerous restaurant and retail out parcels
  • Represented real estate developer with the purchase of a hotel resort
  • Represented borrower in connection with $450 million refinance of forty-nine senior housing, skilled nursing and assisted living facilities located in ten different jurisdictions
  • Represented Fortune 500 retail chain in connection with the acquisition and development of numerous big box retail establishments in the United States and Puerto Rico
  • Represented Fortune 500 company lender and servicer in connection with a $750 million assumption of loans secured by multiple office buildings located in Manhattan, NY
  • Represented a real estate fund in connection with the acquisition of a large multi-family complex in Central Florida
  • Represented a luxury resort located in Calistoga, California in refinancing
  • Represented the developer of a boutique hotel in Northeast Ohio.
  • Represented client in a joint venture of an apartment development in Jersey City, New Jersey.
  • Represented a private real estate fund in the acquisition of a portfolio of industrial buildings from a public company.
  • Represented a lender in the making of a $12,800,000 mezzanine loan secured by a pledge of membership interests in an entity that owns a shopping center in Florida.
  • Represented a large national real estate owner in an approximately $50 million acquisition of a large regional power center located in Illinois, including providing counsel relating to supplemental development opportunities.
  • Represented a private real estate fund in the acquisition of a portfolio of industrial buildings from a public company.
  • Served as Ohio counsel to a REIT lender in connection with a $16.2 million loan on a mixed-use commercial development in Columbus, Ohio.
  • Represented a luxury resort located in Calistoga, California in refinancing.
  • Represented client in a joint venture of an apartment development in Jersey City, New Jersey.
  • Represented a large publicly-traded REIT in connection with structuring a joint venture and acquiring approximately 150+ acres of property for a large commercial development in North Carolina.
  • Represented a borrower in negotiating and closing a $12,400,000 permanent loan on a 128 unit multi-building apartment complex in Ohio. This involved negotiations with the existing lender, as well as with the city and the new lender.
  • Served as Ohio counsel to a REIT lender in connection with a $16,250,000 loan on a mixed use commercial development in Columbus, Ohio.
  • Represented national developer in multi-phase big box retail development containing over 1,000,000 square feet.
  • Represented private post-secondary educational institution in long term lease agreements located in class A office buildings nationwide.
  • Represented large regional developers in connection with leasing of in-line spaces and stand-alone stores at regional lifestyle centers and shopping centers.
  • Negotiated leases for national tenants for retail, restaurant, office and industrial uses in both free standing and in-line projects.
  • Negotiated leases for real estate developers with "big box" tenants, national chains, and local and small tenants.
  • Assisted in the re-leasing of an outlet shopping center which was affected by a major casualty event. Such efforts included finalizing hundreds of new leases and amending the leases of existing tenants
  • Represented regional developers and a publicly-held REIT in various leasing matters, including in-line leases, anchor tenant leases, ground leases, and lease assignments.
  • Represented a regional developer in the disposition of a warehouse facility.
  • Represented a regional developer in connection with its development of a 1,000,000 square foot lifestyle center in the Midwest.
  • Represented a real estate investment fund in its acquisition of seven commercial properties in northeast Ohio, with an aggregate purchase price of more than $150 million.
  • Represented a publicly-held REIT in various retail leasing matters, including anchor tenant leases, in-line tenant leases, ground leases, relocation and expansion agreements and lease assignments.
  • Represented a national bank in a $30 million loan to a developer for the construction of a university housing project.
  • Represented a publicly traded REIT in the acquisition of a $33 million mortgage loan on a 200,000 square-foot, 24-acre shopping center.
  • Represented a national bank in providing fifteen multi-million dollar loans to a developer for the development and construction of chain drug stores in four states.
  • Represented a national bank in an $18 million loan to a developer of a strip shopping center in Southern Florida.
  • Represented a large publicly-held REIT in connection with the acquisition, disposition and development of various retail properties located in 10 states, with an aggregate transaction value in excess of $175 million.
  • Represented a large national tenant in the negotiation of a 140,000 square foot warehouse lease.
  • Represented a developer in the sale of a downtown Cleveland office building and parking garage to the County government for incorporation into a convention center project.
  • Advised a national lending institution in connection with a troubled real estate development loan relating to a proposed mixed-use project.
  • Represented a developer in a transaction and disputes surrounding the development of a residential complex and mixed-use complex.
  • Representation of a public traded company in the acquisition, disposition and lease of facilities, plants and offices nationwide.
  • Represented a developer in financing the purchase of a $60 million shopping center.
  • Represented a national financial institution in providing $11 million loan to a developer for construction of a multi-tenant regional shopping center.
  • Advised a large multinational public company on multi-state property acquisitions and divestitures, bringing in local counsel, as appropriate, to ascertain local laws and customs.
  • Represented a Fortune 500 company in connection with the sale and leaseback of its corporate headquarters.
  • Advised clients on purchase and sale of shopping centers and commercial buildings ranging in size from $1 million to $30 million.
  • Represented a lender in a $3,500,000 multi-subdivision loan workout with a home builder.
  • Represented a national bank in a $30 million loan to a developer for the construction of a university housing project.
  • Represented a regional financial institution in providing multi-million dollar construction loan to a developer for the construction of a mixed-use development.
  • Represented a national lending institution in connection with multiple loan workouts involving a real estate loan portfolio.
  • Represented an investor/developer in purchasing a loan in foreclosure secured by a mortgage on a 134,000 square foot office building
  • Represented an Indiana developer in a supplemental financing of two multifamily projects for the developer to take out an additional $5.5 million as a result of the successful cost savings and increase in gross revenues following acquisition.
  • Representing a developer in the negotiation of a transaction with a buyer and investor that wanted to acquire or invest in both projects.
  • Represented a real estate developer in a $39 million loan to acquire a warehouse/industrial portfolio.
  • Represented a seller in the sale of a $50 million shopping center in Illinois to a publicly-held REIT.
  • Represented a lender in acquiring a 15-story apartment/mixed use property by deed-in-lieu of foreclosure of a $32,000,000 mortgage after the lender purchased the loan at auction.
  • Represented a national banking institution with respect to loan workouts involving approximately $100,000,000 of loans secured by distressed real estate assets.
  • Represented and assisted a borrower in obtaining a $70 million credit facility secured by properties in five states.
  • Represented buyer in the purchase of a multi-million dollar manufacturing facility.
  • Advised multiple lenders with respect to loan workouts, loan restructurings and foreclosures on numerous projects involving mortgages transactions (including leasehold mortgages) in excess of $60,000,000.
  • Advised a national lending institution in connection with a troubled real estate development loan relating to a proposed mixed-use project.
  • Assisted client in a $168 million redevelopment project involving over 250 separate parcels.
  • Advised and negotiated on behalf of a non-profit borrower on obtaining tax free bond financing for an assisted living project.
  • Advised a public company on the sale of more than $100 million in assets.
  • Represented national financial institution in $8,000,000 loan restructuring with a hotel operator.
  • Advised and negotiated on behalf of national lenders on several construction and permanent loans ranging in size from $1 million to more than $100 million.
  • Advised a non-profit company in the $20 million expansion and renovation of its facilities, including negotiating architectural and construction contracts, bond financing and related matters.
  • Representation of a group of investors in a portfolio acquisition of multiple industrial properties.
  • Representation of a NYSE-listed REIT in the disposition of retail shopping centers.
  • Representation of both publicly-held developers and private developers retail leasing matters, including anchor/big box tenant leases, in-line tenant leases, ground leases, relocation and expansion agreements and lease assignments.
  • Representation of a private developer in the leasing and redevelopment of regional shopping centers.
  • Representation of a publicly traded secondary educational institution in long term lease agreements located in class A office buildings nationwide.
  • Represented client in connection with a joint venture relating to a 100+ acre mixed-use development project.
  • Successfully represented Landowner concerning rights to drill for natural gas on property zoned for residential use.
  • Advised multiple borrowers in connection with loan restructurings, loan workouts and deed-in-lieu transactions.
  • Advised a health care provider in negotiating construction contracts, construction management contracts, and architectural agreements for a construction-managed project costing more than $15 million.
  • Handled all real estate matters with respect to a multi-state asset acquisition involving the fee purchase of 20+ properties and the assumption of 10+ leases.
  • Representation of a national shopping center developer in retail leasing negotiation and documentation for in-line tenant leases.
  • Representation of lenders in loan modification and workout matters for troubled real estate development projects.
  • Represented a group of investors in the acquisition of a college campus and an adjacent nature preserve.
  • Represented a large national bank in a $40 million refinancing of a business with real estate assets in seven states.
  • Represented a developer in purchasing an $18,200,000 loan in foreclosure secured by a mortgage on a shopping center development that was under construction.
  • Regularly represents municipalities, counties and local political subdivisions in Section 208 planning issues.
  • Represents several landfills in Section 401 and permit applications, licensing issues and federal court litigation.
  • Represents school district in annexation issues and local property tax implications.
  • Represented major developer in zoning dispute in western Ohio township zoning proceedings against major competitor for "town center" project.
  • Regularly represents municipalities, counties and local political subdivisions in construction of water and sewer utility projects.
  • Represented seller in sale of parcel within a retail shopping center to a national retailer, which included negotiation of a reciprocal easement agreement and development agreement.
  • Represented multiple national lenders on restructuring debt and modifying loans for troubled real estate development projects.
  • Representing a national banking institution with respect to loan workouts involving loans secured by distressed real estate assets, including documentation of loan modification terms.
  • Litigation concerning land use regulation.
  • Counseling and representation at administrative hearings regarding zoning and land use regulation.
  • Representation of both landlords and tenants in the leasing of retail space, office space, warehouses and industrial parks.
  • Represented a national banking institution with respect to loan workouts involving approximately $100,000,000 of loans secured by distressed real estate assets.
  • Represented a large public REIT in connection with the disposition of a retail shopping center for in excess of $40 million.
  • Represented a publicly-held REIT in the assemblage of over 100 acres of vacant land in connection with the development of an 800,000 square foot retail shopping center, and in all aspects of the development phase of the project.
  • Represented a regional financial institution Represented a regional financial institution in providing multi-million dollar construction and mini-permanent loan to a developer
  • Represented Landerhaven Country Club Estates, Ltd in the negotiation of the lease and construction contract for improvements to be made to its building prior to Ferro Corp. moving in. The building will serve as Ferro Corp.'s new global headquarters.
  • Represented Cornerstone Properties in the sale of an apartment project in Fort Wayne, IN, and represented the owner in an environmental spill of neighboring property in Carmel, IN.
  • Represented a national lender in an approximately $60 million loan default included issues involving leasehold mortgages, bankruptcy and contaminated property.
  • Represented a large regional bank as lender's counsel in a real estate workout that included restructuring a loan for a large residential development, negotiating settlement of a guaranty and, ultimately, selling the loan to an investor group.
  • Represented Barrington Management Company, Inc. in the acquisition of Mobile Classrooms by Humbolt Development Co., LLC as well as the refinance of a mobile home community.
  • Represented a strategic buyer of distressed assets in the acquisition of an environmentally contaminated paper mill.
  • Represented a publicly traded manufacturing company in the sale of multiple 1 million square-foot former manufacturing facilities.
  • Represented Ardizzone Enterprises, Inc. in the purchase of six multifamily projects in Indianapolis and financed these projects with HUD funds. Overcame many tough valuation and real estate issues.
  • Corporate real estate counsel in connection with the sale, leaseback and redevelopment of their corporate headquarters campus which is part of a planned $900+ million office, retail, and hotel development project.
  • Represented a publicly traded REIT in the acquisition of a significant loan portfolio from a foreign bank.
  • Handled a purchase of debt from a bank on large industrial flex-space, multi-tenant facility. Raised private equity from investors, negotiated several provisions in the operating agreement, and found a bank willing to make a loan on investment property th
  • Handled the purchase, build-to-suit and sale of a 575,000 square-foot warehouse facility on 37 acres in Utah, which had numerous sanitary sewer issues with competing municipal providers.
  • Represented a multinational Fortune 50 company in the disposition of excess industrial property and plants, many with legacy environmental issues.
  • Represented a publicly held REIT in property due diligence projects, including research, review, and summaries of REAs, OEAs, and other property governing documents.
  • We represented a lender in a foreclosure and workout involving a loan in excess of $5 million on over 300 acres of partially developed property.
  • Resolved a Clean Water Act claim, without the payment of any damages, against a real estate developer client.
  • Provided counsel to a lender in a foreclosure and workout involving loans aggregating over $28 million.
  • Represented a major national bank in a real estate workout involving $100 million of loans.
  • Represented Fuchs Mizrachi School in connection with the acquisition and development of its new $26 million facility in Beachwood, Ohio.
  • We settled a significant Clean Air Act enforcement matter with proposed multimillion­dollar penalties for a fraction of the government’s demand.
  • Represented a national food manufacturer in a $50 million sale and simultaneous leaseback of four manufacturing facilities in four different states.
  • Represented a joint venture fund in connection with the acquisition of a grocery­anchored shopping center in Tampa, Florida.
  • Managed environmental issues on behalf of a private equity sponsor in its acquisition of the assets of a domestic and international intermodal drayage and transportation logistics company.
  • Negotiated numerous commercial lease transactions and lease amendments for national locations
  • Represented a developer in utilizing tax credits to finance the renovation and conversion of a historic building in downtown Cleveland.
  • Advised investor regarding the acquisition of probate property and first chaired acquisition of same.
Key Contacts
  • Jeffrey J. Wild
    Real Estate & Environmental
    Cleveland
  • Jared E. Oakes
    Real Estate & Environmental
    Cleveland

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  • Construction & Architectural Agreements
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  • Environmental Law & Litigation
  • Leasing
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  • Real Estate Tax
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Articles and Presentations
November 24, 2020
Superfund Defenses That The Government Hopes You Don't Know About, Part 1
September 25, 2020
Ohio Expands Liability Protection for Brownfield Purchasers, But Reduces Incentives for Voluntary Cleanups
September 10, 2020
Benesch COVID-19 Resource Center: Ohio Businesses Should be Aware that Environmental Agencies Have Terminated COVID-19 Enforcement Discretion Policies

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News
November 5, 2020
Benesch Receives 56 National and Metropolitan Rankings for 2021 U.S. News - Best Lawyers® “Best Law Firms”
October 19, 2020
Benesch Presents at ICSC U.S. Law Conference 2020
August 25, 2020
Jared Oakes featured in Law360 | "Coronavirus Q&A: Benesch Real Estate Leader"

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