Experience

Contract Negotiations for Architectural Firm

Represented a global architectural and design firm in contract negotiations as part of a multi-year renovation of a national thoroughbred horse racing park. The client requested several contract revisions subsequent to the bidding process, which were successfully negotiated.

Representation of National Chain Tenants

Represented tenants of national chains (drug, financial and fast food), insurance companies, petroleum and manufacturing companies on a national basis.

$55 Million Sale of Advertising Company

$55 million sale of advertising company to public company. The asset sale transaction involved the sale of rights in over 400 locations in four states, the transfer of over 1,000 advertising contracts, and the sale of two commercial buildings. The team helped the client navigate various corporate governance issues and achieve its goal of selling the business.

Representation of World’s Largest Mall Owner on Construction, Real Estate Issues

Represented the largest mall owner in the world on various construction and tenant issues.

Representation of Owner of Largest Multi-Tenant Office Building in Missouri

Represented the owner of the largest multi-tenant office building (over 1 million sq. ft.) in the state of Missouri, on all leasing and other property management issues.

Sale of Superfund Site

Counseled a mining company through the rare sale of a federal Superfund site, an 1,800-acre former cobalt mine. This included securing a collateralized walk-away indemnity for the client, handling the real estate components and assisting with the relationship with another responsible party for the cleanup during the transaction.

Represented Property Owner in $350 Million Development

Represented property owners in the preparation and negotiation of all construction and architectural agreements for a project exceeding $350 million, and counseled property owners concerning contractor delay and performance issues throughout the project.

$200 Million Chapter 100 Bond Issuance for Manufacturing Company

Served as counsel for manufacturing company’s expansion, including the transfer of real estate, construction of new facilities and installation of new equipment.

$43 Million Bond Issue for Municipality

Represented a municipality in the issuance of more than $43 million in bonds to fund the redevelopment of a former shopping center site. Because of possible changes in the tax code, it was necessary to structure the transaction twice in order to anticipate all possible contingencies and minimize the tax obligation for the municipality’s developer.

Representation of Over 40 Retailers with Respect to Real Estate

Represented multiple related companies in the bi-state region, collectively operating over 40 stores and carwashes, with respect to real estate (purchase, development, tax credits, government incentives, zoning, leasing, real estate tax appeals and sales) and other industry issues.

Successfully Obtained Zoning Code Amendments and Land Use Approvals for Construction Project

Successfully obtained zoning code amendments and land use approvals to construct and operate storage facilities in Missouri.  Prepared multi-faceted applications to amend the zoning codes and to obtain use permits; appeared at several municipal board meetings; and communicated in a timely manner with municipal staff, committees, board members and our client's teams of engineers and architects to meet deadlines embedded in the complex zoning codes.

Successfully Negotiated Property Vacation of Delinquent Tenants

Successfully negotiated the peaceful vacation of  properties and payment of all past-due rent and other fees from delinquent tenants through the initiation of eviction proceedings, and ultimately, the preparation and execution of complex settlement agreements.

Expansion of Manufacturing Capacity for Client

Client needed to expand manufacturing capacity. Drafted and negotiated real estate purchase contract, negotiated and secured development incentives, and guided client through successful redevelopment in Hazelwood, Missouri.

Contract Negotiations for Multimillion-Dollar Hospital Development

Represented a large general contractor in the preparation and negotiation of AIA contract documents for a multimillion-dollar hospital development in Illinois.

Long-standing Representation of Banks, Lending Institutions in Real Estate Matters

Represented multiple banks, lending institutions and related entities on all matters of real estate including acquisitions, REO management and dispositions, zoning, 1031 exchanges, easements and leases.

Local Counsel in Facility Zoning Matter

Served as local counsel for online retailer on its first Missouri distribution facility. Representation included zoning issues relating to parking and traffic requirements for the facility, consisting of a 348,480-square-foot a sorting center and 100,000 square feet in another building for a delivery station.

Representation of Class A Office Building Portfolio Owner

Represented owner of portfolio of Class A office buildings throughout St. Louis region.

Multimillion-Dollar Deal in Client’s First International Expansion

Represented a client that heat treats metal parts for general manufacturers, including those in the automotive and aircraft industries, in its first international expansion. The deal included providing assistance with a long term supply arrangement with an European equipment manufacturer as well as a long-term facility lease and construction agreements; retaining local counsel in Mexico; setting up foreign subsidiaries and adding a new U.S. subsidiary; as well as handling associated intellectual property, real estate and tax issues.

Review of 480 Leases for Grocery Store Chain

Conducted a lease review for a national grocery store chain, consisting of approximately 480 leases across the country with a wide range of landlords and terms. This involved flagging construction and improvement rights, maintenance and repair responsibilities, approaching renewals and incomplete files.

Represented Property Owner in $80 Million Development in California

Represented property owners in the preparation and negotiation of design and construction contracts for a building in California exceeding $80 million.

Design and Construction Contracts for National Theme Park Owner

Handled all design and construction contracts for a national theme park owner for all construction projects, including various attractions and water features exceeding $10 million in value.

Representation of National Developers in Significant Joint Venture

Represented two national developers in a joint venture project in Clayton, Missouri, to secure the zoning, permitting and governmental incentives for the construction of a mixed-use project of approximately 300 apartments and over 40,000 sq. ft. of commercial space.

Settlement in Long-Standing Real Estate Litigation Matter Prior to Jury Trial

Secured a significant settlement in a real estate dispute in which the client filed suit against a developer for breach of partnership agreement, breach of fiduciary duty, and fraud; against the recipients of the proceeds for fraudulent transfer and aiding and abetting; and against the closing agent for negligence and aiding and abetting. Following significant procedural wins for the client, the defendants made a settlement offer which was 25 percent higher than the client’s original settlement demand at the outset of the litigation.

Seven-Figure Settlement Against Developer

Negotiated a seven-figure settlement against a largely defunct Texas developer. The claims were mainly based upon the breach of multiple development agreements between the parties associated with several large affordable housing projects in Texas and various affiliated notes. The client had considered the matter a complete loss and believed there was little, if any, possibility of recovery.

$65 Million Chapter 100 Bond Issuance for Manufacturing Company

Served as bond counsel in Chapter 100 bond issuance for manufacturing facility expansion and acquisition of equipment. Local facility installed new equipment for canned goods.