Bradley J. Elkin
Bradley J. Elkin is the Managing Partner at Diepenbrock Elkin Dauer McCandless LLP with a practice specializing in real estate and business transactions. He represents a wide variety of clients (ranging from large entities to small business owners to individuals) with their real estate and business matters. Mr. Elkin has worked on transactions throughout California and in a number of other states and brings a unique understanding of the Northern California real estate market in representing his clients.
Mr. Elkin’s expertise ranges from handling the simple to the complex transaction including the purchase and sale of all types of commercial and industrial real estate, asset sales, exchange agreements, ground leases, build-to-suit leases, commercial and retail leases, industrial leases, office leases, mining leases and royalty agreements, oil and gas leases, easements, CC&Rs, landlord-tenant advice, financing and loan documents, construction contracts, subdivisions, and the formation of simple and complex limited liability companies, partnerships and corporations.
Mr. Elkin has been active in a number of legal and civic organizations. He has been active with the Real Property Section of the State Bar of California. He has been President of the Sacramento County Bar Association's Real Property Section. For five years running, he has been co-chair of the Civic Amenities Team for the Cap-to-Cap Program of the Sacramento Metropolitan Chamber of Commerce. He is a graduate and former day-chair of the Metro Chamber’s Leadership Sacramento program. He is currently on the Board of Directors for the Sacramento Philharmonic & Opera Association, the California Capital Airshow, and the Child Abuse Prevention Center. In the past, he has served on the Board of Directors of the Wellspring Women's Center and has been a director and an officer of the Camellia Symphony Orchestra Association.
Mr. Elkin has authored numerous articles and been a seminar speaker for CEB, Lorman Education Services, Sterling Education Services and National Business Institute (NBI) on topics including the Fundamentals of Commercial Real Property Practice, Title Examination and Title Insurance in California, How to Structure Worry-Free Leases, and the Americans with Disability Act.
Mr. Elkin is a member of the Sacramento County Bar Association and the State Bar of California, and is a former member of the American Bar Association. He also has been involved in the Sacramento chapter of the Building Owners and Managers Association (BOMA).
Mr. Elkin received his B.A. in Political Science with honors from the University of California, Santa Barbara in 1980. He earned his J.D. degree, Summa Cum Laude, from the University of Santa Clara School of Law in 1985. While at law school, he earned six American Jurisprudence awards, won moot court competitions, and was a founding editor of the Santa Clara Computer and High Technology Law Journal.
Formation of two-party LLC regarding 74.84 acres in the County of El Dorado, California, for development of a retail/commercial project, including approximately 400,000 square feet of retail/commercial improvements and design and engineering for a road/parkway to Highway 49 and associated EIR process.
Formation of a multiple-party "owner's group" LLC regarding approximately 800 acres in Sacramento County, California within the Elverta Specific Plan, for the purpose of combining efforts to acquire mitigation, park, and school lands for the benefit of all developer members.
Formation of three-party LP regarding 189 acres along U.S. Highway 287 in Tarrant County, Texas, for mixed-use land development project [commercial, office, retail, and/or residential sites].
Formation of three-party LP regarding aproximately 58 acres along or near State Highway 121 in Denton County, Texas, for development of single family residences.
Represent hamburger chain franchise in connection with negotiations and documentation of construction for company owned stores.
Represented one of group of landowners to negotiate complex cost sharing agreements and development agreements with public entities for financing and construction of levee improvements and flood protection facilities.
We represent landowners in respect to oil and gas leases and have had major experience in the acquisition of natural gas storage rights and natural gas pipeline rights of way including pursuit of necessary entitlements and other private and governmental clearances.
Represent landowner in negotiation of agreement for relocation of water line and construction of sound wall between serving adjacent properties.
Represent landowner in cost-sharing agreement with neighboring landowner with respect to substantial relocation of Morrison Creek.
Represent purchaser of contaminated industrial property in connection with obtaining indemnities and remediation obligations from seller.
Represent trucking company in connection with environmental contamination issues related to purchased and operated trucking terminals.
Represent landowner in connection with tenant contamination, remediation and monitoring of gasoline service station parcel.
Represent land purchaser in connection acquisition of commercial property in Monterey County which is the subject of ongoing environmental mitigation activities.
Represent landowner in processing claims by third parties for Americans With Disabilities Act (ADA) violations.
Represented developer partnership in connection with management services agreements for management and leasing of retail and office properties.
Represent upscale shopping center owner in prosecuting unlawful detainers against defaulting tenants.
Represent landlord in connection with numerous amendments and extensions of office building subleases.
Represent developer partnership in connection with various management services agreements for provision of entitlement services.
Represent hospital and health care system in obtaining sewer easement over adjacent commercial properties.
Represent restaurant owner in connection with multi-party reciprocal access easement over shopping center property.
Represented construction company in connection with haul roads over competing construction company’s lands.
Represented developer in connection with CCRs and REA for retail center in El Dorado County, California.
Represented landowner in multi-party CCRs regarding Howe-El Camino shopping center and operation of car wash facility.
Represented landowner in drainage easement agreement and reciprocal grant of easements to allow storm drainage across newly developer parcels in excess of historical drainage patterns.
Represented developer in preparing covenants, conditions and restrictions (CCRs) and reciprocal easements (REA) for various office park projects in greater Sacramento area.
Represented bank in negotiation of multi-party reciprocal easement agreement for shopping center property in Sutter County.
Represent construction company in obtaining easement to deposit on adjacent lands clay and silt resulting from settlement ponds.
Represented developer of Olympus Corporate Center in Roseville in connection with covenants, conditions and restrictions for multi-parcel business park.
Represent racquet club in granting easement to City of Sacramento for use and maintenance of bike path.
Represented landowner/developer in connection with conservation easement to preserve manager to establish preserve at and around Morrison Creek.
Represent national construction company in acquisition of haul road easements over public and private lands between aggregate quarry and processing facilities.
Represent land and cattle company in granting conservation easement as to nearly 7,000 acres for wildlife and rangeland.
Represented mining company in recording restrictive covenants against adjacent parcels prohibiting challenges to mining activities and competing activities.
Represented borrower in loan workout, deed-in-lieu and settlement agreement with respect to seller carry-back financing for multiple undeveloped properties in California.
Represented bank in connection with various secured permanent loans ranging from $1M to $5M.
Represented insurance company lender in connection with various secured permanent loans and construction loans ranging from $1m to $10M.
Represent purchaser of stock assets in connection with loan agreement and note for seller carry-back secured financing.
Represented publically traded winery and vineyard in connection with operating loans.
Represented landowner group in connection with multiple forgivable loans from City of Sacramento and Redevelopment Agency for use in improving historic monuments and properties.
Represented ground lessor in connection with encumbrance of downtown land and high-rise office buildings to secure construction loans, permanent loans and refinancings ranging from $35M to $70M.
Prepare and issue borrower’s counsel opinions to numerous institutional lenders in connection with construction and permanent financings.
Represent lender under seller carry-back note in connection with forbearance agreement following borrower defaults.
Represent numerous borrowers in connection with loans from institutional lenders using Laser Pro forms, and creation of Loan Document Modification Agreement (LDMA) to tailor forms to transaction.
Represent large water district in connection with the grant of numerous oil and gas leases to oil companies and prospectors on agricultural and other lands, including tailored site access agreements.
Represent prominent Sacramento developer in enforcement of rights under aggregate mining lease to third party.
Represented hospital system in numerous leases of medical office buildings throughout California.
Represented construction company in obtaining exclusive rights and license to mine aggregates from thousands of acres of prime land in Sacramento County from rocket company.
Represented tenant in connection with letter of intent for substantial office lease in downtown high-rise office building.
Represent landlord in obtaining performance guaranty regarding tenant lease obligations.
Represent tenant in license and option to lease various aggregate mining properties in California, including complex royalty structures.
Represented landowner in negotiating and documenting lease of parcel in Fresno shopping center to True-Value Hardware franchisee.
Represented large publically traded construction company in connection with numerous long-term aggregate mining leases and related royalty agreements.
Represented landowner group as landlord in connection with lease of historic theater in downtown Sacramento as well as adjacent retail and office spaces.
Represent tenant in negotiation of work letter agreements relating to landlord construction of base building work and tenant construction of tailored tenant improvements.
Represented shopping center owner in connection with leases of in-line and pad sites to national retailers and smaller local tenants.
Represented landowner in long-term ground leases of downtown Sacramento properties for construction of two high rise office buildings, including complex rent participation structures and major decision rights.
Represented buyer in purchase of real property for soft drink bottling operation for purchase price of approximately $7.8 million.
Represented major ski resort operation in option and exchange agreement to facilitate development of condo/time share and retail project with land values of approximately $18M.
Represented landowner group in connection with sale of historic theater property in downtown Sacramento.
Represented large publically traded construction company in numerous acquisitions of aggregate mining properties in California for purchase prices ranging from $1M to $20M.
Represent development company in negotiation of sequenced exchange of commercial properties with major waste processing and disposal company.
Represented mining company in connection with purchase of mining and mitigation properties involving multi-year sequenced partial closings.
Represented worldwide oil company in bulk sale of marketing assets and service station properties located in seven northeastern states for purchase price of approximately $325M.
Represented hospital association in acquisition and assembly of numerous downtown parcels for development of high-rise office buildings.
Represented country’s largest equipment rental company in purchase and sale of various properties in Western United States for location of retail rental and sales yards and offices.
Represented owner of property in negotiation and preparation of tailored listing agreements (aka listing agreements or commission agreements) related to leasing and sale or property interests.
Represented buyer in purchase of 510 acres of undeveloped land for development into a golf course and residential subdivision.
Represented Church in connection with simultaneous exchange of undeveloped commercial properties, including obligations of other party to obtain entitlements and pay boot.
Represented commercial property owner in drafting and negotiation of grant deed containing substantial restrictive covenants and reservations of exclusive rights.
Represented large trucking company in purchase and sale of numerous properties used for location of trucking terminal facilities.
Represented developer in sequenced purchase of leased retail center land and then concurrent sale of same to third party, as well as obtaining no-further action letter related to environmental contamination and remediation.
Represented Chapter 11 bankruptcy debtor-in-possession plumbing equipment supplier in sale of numerous properties used for retail branches company.
Represented land purchaser in negotiation of both binding and non-binding letters of intent for various transactions.
Represented land purchaser in detailed and complicated title review and analysis related to acquisition of senior living facility in Bay Area, including strategies for removing problem encumbrances.
- Residential and Commercial Landlord-Tenant Law
- Commercial and Residential Landlord – Tenant Law
- Title Examination and Title Insurance in California
- Ethics Corner For The Real Estate Lawyer – Volume 1
- Essentials of Service Agreements and Lien Rights and Requirements
- How Far Is Too Far? Recent California Cases Test The Limits In Real Estate Matters
- How To Structure Worry-Free Commercial Leases
- Fundamentals of Commercial Real Property Practice
- Drafting and Negotiating California Commercial Real Estate Leases
- A Building Permit is Not Enough: New Construction and Alterations of Existing Buildings Must Meet ADA Access Standards
- Businesses Cannot Discriminate: Goods and Services Must Be Accessible To Persons With Disabilities Now
- Casenote: University Discount Sales Agreements and Robinson-Patman Act Price Discrimination: Business Necessity Defense and Nonprofit Institutions Act Exemption on Motion for Summary Judgment -Computronics, Inc. v. Apple Computer, Inc. and the Board of Regents of the University of Wisconsin System
- Casenote: Breach of Contract and Fraud: Computer Sales Distributorship Agreement - Computer Systems Engineering Inc. v. Qantel Corp.
Mr. Elkin is a member of the Sacramento County Bar Association and the State Bar of California, and is a former member of the American Bar Association. He is the current Chair of the Sacramento-Central Valley Roundtable For the Real Property Section of the State Bar of California. Mr. Elkin was the Secretary/Treasurer, Vice-President, and then President of the Real Property Section of the Sacramento County Bar Association. He is a graduate and former day-chair of the Leadership Sacramento Program of the Sacramento Metropolitan Chamber of Commerce. Mr. Elkin has been involved in the North State Building Industry Association (BIA) and the Sacramento chapter of the Building Owners and Managers Association (BOMA), was on the Board of Directors of the Wellspring Women’s Center, and was on the Board of Directors of and an officer of the Camellia Symphony Orchestra. Bradley Elkin has been a lay pastor and frequent teacher for adult Sunday school classes at Sun River Church in Rancho Cordova, California. He is married with three wonderful children, writes and records songs, enjoys running, and is an assistant coach on his son’s football team.