Real Estate

Real Estate

Diepenbrock Elkin Gleason LLP provides client counseling and transactional expertise in every phase of commercial real estate acquisition, disposition, leasing, financing, development, construction, use and ownership.

Real Property Acquisitions and Sales                  Housing
Leasing   Real Estate Litigation
Financing   Public Private Partnerships
Land Use and Development   Subdivisions
Easements & CC&Rs   Environmental Due Diligence and Brownfields
Property Management    

 

Real Property Acquisitions and Sales

Primary Attorney Contacts: Bradley J. ElkinDanielle R. Stephens and Justin M. Borrowdale

We represent both buyers and sellers in the purchase and sale of developed and undeveloped real property. Our services include the drafting and negotiation of letters of intent, and purchase and sale agreements; drafting and negotiation of broker's commission and listing agreements; title review and analysis; assistance in due diligence and analysis of property to be acquired; and all other matters necessary to take a transaction from a proposal to a closing. We also have substantial experience in structuring 1031 tax deferred exchanges, including simultaneous, delayed, and reverse exchanges.

 

Leasing

Primary Attorney Contact: Bradley J. ElkinDanielle R. Stephens and Justin M. Borrowdale

We represent landlords, tenants, subtenants, and property managers in matters pertaining to all types of leases, including single tenant and multi-tenant office leases, warehouse leases, ground leases, shopping center leases, agricultural leases, industrial leases, and others. Our services include preparation of letters of intent and liaison with leasing brokers; drafting and negotiation of leases and related leasing documents; assistance in due diligence and analysis of properties to be leased; preparation of form leases for use by office and shopping center landlords or managers; preparation of tenant improvement work letters; counseling in connection with estoppels, subordination agreements, and lease amendments; and the negotiation and preparation of subleases, lease assignments, and lease termination agreements.

 

Financing

Primary Attorney Contacts: Bradley J. ElkinDanielle R. Stephens and Justin M. Borrowdale

We represent borrowers and lenders in many types of real estate financing arrangements, including property acquisition loans, construction and development loans, take-out and permanent financing, seller carry-back loans, institutional loans, syndication loans, and bond financing. Our services include negotiation and drafting of loan documents, including the preparation of loan agreements, promissory notes, deeds of trust, security agreements, collateral assignments of leases, and all other instruments which are a part of secured lending; title review and analysis; and other due diligence matters relating to lending transactions. Our lawyers also have extensive experience in representing borrowers and lenders in loan workouts, restructuring, and loan modifications.

 

Land Use and Development

Primary Attorney Contacts: Bradley J. ElkinKaren L. Diepenbrock and Justin M. Borrowdale

We have extensive experience and expertise in matters concerning the use and development of real property. Our services involve assistance in the annexation of land; amendments to city and county general plans and local community plans; causing the rezoning of property; obtaining special permits and variances; obtaining approval of subdivision and parcel maps; overcoming land use restrictions; compliance with the California Environmental Quality Act (CEQA), and obtaining all necessary land use and development entitlements. Our lawyers have appeared before all categories of public officials, including city and county officials, City Councils, County Boards of Supervisors, Planning Commissions, and design review staff.

 

Easements and CC&Rs

Primary Attorney Contact: Bradley J. ElkinDanielle R. Stephens and Justin M. Borrowdale

We represent landowners and other interested parties in granting rights in and placing restrictions upon real property. Our services include the preparation and recording of covenants, conditions, and restrictions upon commercial and residential subdivisions, shopping centers, and office buildings; drafting and negotiating easements and licenses to be conveyed to adjacent landowners and other interested parties; liaison with government and utilities in the grant of public service easements; and negotiation and drafting of reciprocal easement agreements among adjoining property owners.

 

Property Management

Primary Attorney Contact: Bradley J. Elkin and Danielle R. Stephens 

We represent owners, management companies, and owners' associations in the operation and management of real properties. Our services include the negotiation and drafting of management agreements; interpretation and enforcement of leases and CC&Rs; full services in connection with unlawful detainer actions against tenants; and other day-to-day leasing and property management issues.

 

Housing

Primary Attorney Contacts: Bradley J. Elkin and Karen L. Diepenbrock

We have attorneys with substantial experience in, and a commitment to, housing development projects for families and seniors. We work with a variety of different development organizations including developers, funding organizations, and nonprofit affordable housing development organizations to build the supply of safe, secure and affordable housing for the region's senior and low-income families. Our work in this area includes all aspects of housing development including real estate acquisition, land-use development activities, business organization development, funding and financing transactions, and operations support.

 

Real Estate Litigation

Primary Attorney Contacts: David A. DiepenbrockEileen M. DiepenbrockChris A. McCandless and Jonathan R. Marz

We regularly represent buyers, sellers, developers, lenders, lien holders, owners, commercial tenants, and title insurers in disputes arising from owning, leasing, and developing real property.  This includes, among other issues, disputes arising from commercial leases, development entitlements, easements, sale contracts, recorded instruments, as well as compliance with the Subdivision Map Act and other statutory and regulatory requirements.

 

Public Private Partnerships

Primary Attorney Contacts: Bradley J. Elkin and Eileen M. Diepenbrock

We are experienced in working out “Public-Private Partnerships” (aka PPP or P3) in a variety of agreements and arrangements between public sector authorities and private parties in furtherance of projects of mutual benefit to all parties.  Our services include formation of funding entities, negotiation of forgivable loans, structuring lease-leaseback arrangements, contributions of land for public works, and other tailored transactions.

 

Subdivisions

Primary Attorney Contacts: Bradley J. Elkin and Karen L. Diepenbrock

We represent landowners in the subdivision and parcelization of larger tracts of real property for development and sale. Our services include review, analysis and comment upon parcel and subdivision maps and subdivision or development agreements, and liaison with engineers and surveyors; preparation and pursuit of applications for subdivision approvals, lot and boundary line adjustments, negative declarations and certificates of compliance, including hearings before all necessary governmental authorities; and review and analysis of environmental impact reports, traffic studies, and other items related to the subdivision of land.

 

Environmental Due Diligence and Brownfields

Primary Attorney Contact: Bradley J. ElkinNicole R. Gleason and  Danielle R. Stephens

An increasingly complicated web of environmental laws and regulations has proliferated from all levels of government giving rise to the need for environmental due diligence in a broad array of business transactions. We assist buyers, sellers, lenders, insureds, lessees and landlords in determining environmental risks associated with transactions and then drafting and negotiating contractual provisions to appropriately allocate the risk and successfully close transactions. We also provide counseling as to compliance with environmental disclosure and permitting requirements.

We also have deep experience in both buying and selling suspected or known environmentally impacted real estate (“Brownfields”) while minimizing the risk of our clients. We know how to structure deals; negotiate cleanup goals, closure criteria and liability protection with state and federal agencies; and customize environmental liability insurance coverage to allow our clients to realize their goals.