Our Real Estate Practice Group has experience in virtually all aspects of the real estate industry. We represent land developers, pension funds and their advisors, office park owners, institutional clients, homebuilding companies, resort developers, ski areas, affordable housing developers, mixed-use project owners, commercial lenders and retail and commercial landlords and tenants. We are involved in almost every type of real estate transaction including the leasing and development work for the owner of one of the largest office parks in the Denver Metropolitan Area, the sales and development work for one of the largest planned communities in America, the acquisition, financing and development of residential multi-family and single-family homes, the development of hospitals, the representation of mountain resorts, and the acquisition of working ranches in throughout Colorado and in Utah. We also have experience in annexation, zoning, subdivisions, acquisition due diligence, registering subdividers, green building issues, dealing with the Real Estate Commission on behalf of both subdividers and real estate brokers, preparing and enforcing covenants for property owners' associations, residential and commercial condominiumization and construction of all types of projects.

Commercial Leasing

Sales and Purchases and Related Matters

Lending and Financing

Land Use

Resort Development

Construction

Common Interest Communities/ Condominium Conversions

Affordable Housing and Tax Credits

Green Building

Water Rights

Environmental Compliance

Choice of Entity and Tax Planning

Litigation

COMMERCIAL LEASING

We have experience in preparing and reviewing leases for office buildings, office parks and shopping centers for both landlords and tenants. We offer advice in designing and implementing strategies to consolidate, divest, centralize and maximize the value of real estate assets. We are involved in long-term leasing, ground leasing and build-to-suit leasing.

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SALES AND PURCHASES AND RELATED MATTERS

We handle virtually all aspects of conveying commercial, agricultural and major residential properties. Such transactions include representation of buyers, sellers, lenders, or investors, due diligence review of title work, surveys and other property documents, environmental review, and facilitating tax-free exchanges.

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LENDING AND FINANCING

We represent major construction and permanent lenders and borrowers in commercial and residential development projects, both in conventional financings and FHA multi-family project loans. We have experience in formulating deeds of trust, mortgages and other security devices and negotiating bond enhancements and letters of credit. We counsel national and international lenders regarding legal requirements and changes applicable to their Mountain West lending portfolios. Our attorneys assist clients in determining and obtaining financing for all real estate assets, including leveraged leases and other innovative structured finance techniques. We have experience with real estate investment trusts, as well as the securitization and collateralization of real estate assets.

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LAND USE

Our practice in this area includes annexation, zoning applications, exaction challenges, subdivision plats, parcel maps, boundary line adjustments, and department of real estate public reports. We prepare clients for, or represent them in, planning commission, council or other hearings for land use approvals. We also represent landowners seeking governmental approval for land use, and have litigated cases where local governments have exceeded their authority and interfered with property rights. We have experience reviewing local land use regulations for enforceability and applicability.

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RESORT DEVELOPMENT

We represent ski areas and other resort developments throughout the Mountain West. Our attorneys have experience relating to development, financing, and the purchase and sale of ski areas in Colorado, California, Wyoming, Utah, Idaho, Vermont and New England. We also have experience in the development and financing of resort communities, fractional interest projects, condominiums, hotels, golf course projects, and private residence clubs.

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CONSTRUCTION

Our attorneys develop comprehensive architect and contractor agreements. We are experienced with negotiation of AIA, DBIA and AGC contracts and other standardized industry forms. We have experience representing owners and contractors in construction contracts and architect agreements for office campuses, shopping centers, food production plants, build-to-suit retail and resort projects. Our experience has given us insight into appropriate negotiation techniques for effective working relationships with owners, architects and contractors.

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COMMON INTEREST COMMUNITIES/ CONDOMINIUM CONVERSIONS

As more and more commercial and residential developments institute extensive covenants, many developers turn to us to assist them in drafting, preparing and enforcing these key documents. We are experienced in the legal aspects of forming and operating property owners' associations and common interest communities. We also assist clients in the conversion of rental property to privately owned condominiums.

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AFFORDABLE HOUSING AND TAX CREDITS

We advise clients, including nonprofit organizations, on acquisition, development and financing, including Colorado Housing and Finance Authority permanent loans, HOME and Community Development Block Grants and low income housing tax credit allocation and syndication for multifamily affordable housing real estate projects and the acquisition (using low income housing tax credits) and rehabilitation of Section 8 and Section 42 contract properties. We also have experience representing borrowers seeking large HUD or other federally-backed development loans.

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GREEN BUILDING

Our real estate attorneys also regularly work with clients on green building issues, including sustainable building and design, renewable energy, green management, and LEED certification. The rapidly changing standards and requirements of this area and the associated certification processes make it all the more important that clients are assisted efficiently through the many options. Specifically, we have experience in all five building categories that the LEED system has identified:

Sustainable Sites,
Water Conservation,
Energy & Atmosphere,
Materials & Resources, and
Indoor Environmental Quality.

In addition, Holland & Hart recently served as counsel, from land acquisition, annexation and entitlement, construction contracting, financing, and incentive tax and grant assurances, for the first sustainable, built green 100% affordable, HUD financed apartment complex. We have served as counsel on a variety of other mixed-use, residential, commercial and other green built development projects.

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WATER RIGHTS

As the largest water law practice in the Mountain West, we not only have experience with the transfer and protection of water rights, but we work with special districts and reservoir and irrigation companies as well as regulatory agencies on licensing, augmentation and flood plain issues. As water in the Mountain West continues to become more and more scarce, we assist developers and work with municipalities to acquire water to support the needs of new developments.

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ENVIRONMENTAL COMPLIANCE

We offer solutions to a full spectrum of complex environmental problems, including hazardous waste disposal and landfill sites, water pollution and hazardous material transportation. We also have experience in risk allocation of environmental issues for developers, owners and lenders through contract and other negotiations.

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CHOICE OF ENTITY AND TAX PLANNING

With the variety of ownership choices available, our attorneys are proactive and effective counselors at choosing and structuring the appropriate entity for clients. We work on simple formations and complex partnerships and limited liability companies. We have experience in advising clients in asset protection. Our work in this area includes numerous appeals of ad valorem tax assessments, tax-deferred exchanges, and real estate tax planning, as well as counseling regarding possible means of assessment reduction. We also have experience in the use of conservation easements for tax credits.

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LITIGATION

Our trial experience includes defective construction, lease disputes or termination, lender liability, contractual breaches, partnership disputes, fraudulent transactions, brokerage commission disputes, will disputes, title disputes, condemnation, mechanics' liens, commercial evictions, cost overruns, warranty issues, judicial foreclosures and bankruptcy issues.

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