We provide representation in connection with:
We assist clients in the acquisition of property, directly and through the purchase of distressed debt, for the development, construction, leasing and sale of office buildings, shopping centers, retail properties, hotels and casinos, hospitals and medical centers, commercial and industrial facilities, residential/multifamily properties, mixed-use projects and more. We handle a wide range of complex acquisitions for real estate owners, REITs, lenders and other corporate clients, as well as for municipalities and other public entities, with the goal of structuring the transactions to the benefit of our clients. We manage all aspects of the site acquisition, including title, purchase agreements, joint development agreements, reciprocal easement agreements, access agreements, municipal agreements and approvals and developer agreements.
We also represent clients seeking to dispose of property and distressed debt secured by real estate. We help structure the deal to be advantageous to our clients and address all related issues, including closing requirements, tax-free exchanges, ground lease matters, title and survey concerns and other due diligence issues. We have handled the sale of both occupied and vacant commercial, retail and industrial facilities; residential properties; office buildings; land; mixed-use projects; and more. Because our firm handles both acquisitions and dispositions, we are well-versed in the issues of greatest importance to both sides and focus our efforts accordingly on closing the transaction to the greatest satisfaction of our client in the particular deal at hand.
A well-negotiated lease can save a client time and money. With that in mind, we structure and negotiate leases for both landlords and tenants to reduce business and legal risks, so that the final lease document achieves maximum, practical protection of our client's interests. We draw from our depth of experience in leasing from “both sides of the fence,” enabling us to recognize advantageous opportunities for a range of properties and projects. We handle a variety of leasing transactions for various properties, including office, retail, industrial and manufacturing facilities. We have negotiated build-to-suit leases, ground leases, subleases, bond type leases, sale-leaseback transactions and leases for franchisors and franchisees. In the area of shopping centers, our team has particular experience advising retail landlords, mall owners and developers across the country, helping to facilitate deals with high-profile tenants, including nationally known clothing, sporting goods, apparel, grocery chains, banks, restaurants, fitness centers, auto parts, urgent care, day care and pet supply businesses.
We assist in the formation of strategic joint ventures for commercial real estate property and for the provision of capital or loans for project funding. We advise clients on the full range of risks and responsibilities related to the venture and help structure the entity and formulate operating or partnership agreements, including any buy/sell or transfer provisions, and consider all capital contributions and tax implications that may impact the venture. When necessary, we also assist clients in exiting the venture and resolving any disputes over control rights and management.
Real Estate Capital Markets
We have a robust real estate capital markets practice headed by attorneys with deep experience in, and connections to, the Midwest’s thriving financial services and real estate industries. Commercial lenders, borrowers, private equity funds, publicly traded REITS, municipalities and other public entities call on us for help with acquisitions and dispositions, fund formations, securitizations, private placements, joint ventures, credit lease and sale/leaseback financings and commercial lending and leasing. We advise a range of asset classes, including commercial, retail, office, land, industrial, medical office, student housing, hospitality, senior living, self-storage and mixed use entities.
We represent financial institutions, borrowers, owners and users in structuring and documenting loans, capital transactions and credit facilities involving REITS, developers and owners and operators of real estate. We also assist developers with loans (including construction, permanent and mezzanine loans) and refinancings for a range of property uses, including land acquisition and residential, historical, hotel, office, retail and mixed-use space. We have assisted clients with mortgages, synthetic leasing, portfolio and mezzanine finance, sale leasebacks, structured debt and REIT financings.
Commercial Foreclosures and Workouts
Our team understands that, for clients confronting the challenging situation of foreclosures and loan defaults on commercial properties, there is no “one size fits all” solution. We have extensive experience assisting corporate clients, including distressed companies and their boards, executives and business owners, management teams, creditors and investors in determining the most appropriate path for each individual situation. We know that foreclosure due to defaulting on commercial loans is not inevitable, and we provide counsel on the various ways to avoid foreclosure, including forbearance, loan modification, short sale, defending the foreclosure, and deed in lieu of foreclosure. When foreclosure is the only possible route, Fox attorneys represent clients in all aspects of the workout of troubled and failed complex commercial and real estate loans, with an eye toward implementing creative, cost-effective solutions. Finally, based on our decades of experience in the commercial foreclosure and workout area, we have developed a practice that focuses, in large part, on bankruptcy and foreclosure prevention: We help clients avoid or minimize the adverse effects of financial crises through development of contingency plans and alternatives to bankruptcy.
Zoning and Land Use
Our attorneys deliver swift and effective service as a project evolves – from pre-acquisition to disposition and all phases in between. We tackle subdivision approvals for new residential housing developments; land development approvals for new office, industrial and commercial developments and for the renovation and expansion of existing projects; rezonings; conditional use approvals, variances, special exceptions and certificates; highway-related permits; and environmental permits, approvals, clearances and releases from environmental liability.
Whether you are a condemnor looking to get your project moving and completed in the most cost-effective way, or a condemnee looking to contest a condemnation or increase your compensation, Fox Rothschild attorneys can help. We provide assistance with pre-condemnation planning, project management, redevelopment projects, challenges to condemnation, determination of just compensation, litigation and creative settlements.
Hotels and Motels
Fox Rothschild is well-known within the hotel/motel and hospitality industries for our proactive approach to client representation. We represent independent and franchise owners, boutique hotel groups, operators and management companies throughout the United States and abroad, and both full-service and limited-service hoteliers in the negotiation and documentation of acquisitions and dispositions; financing arrangements; hotel management agreements; franchise agreements; and a variety of contractual and personnel issues, including vendor transactions and supplier contracts; workouts and bankruptcies; labor contract negotiations and disputes; and zoning and land use issues.
We work with clients to help ensure they pay only their fair share of property taxes based on a fair assessment. We understand the nuances of tax and real estate law and how it applies to each individual case. While we are ready to go to court and litigate your cause if needed, we understand that costs are always an issue and seek out alternative solutions as appropriate. We evaluate the valuation of residential properties as well as commercial properties such as shopping centers, office buildings, marinas, hotels, apartment buildings, casinos, malls, refineries, service stations, manufacturing facilities/plants and environmentally troubled properties.
Public/Private Development Partnerships
Whether it’s a business searching for economic development incentives for a new facility or a complex project for a government or municipality involving its infrastructure, our attorneys are adept at maneuvering through the maze of government bureaucracies to coordinate joint projects between the private sector and governments or municipalities. Our services include negotiating financing terms with lenders and institutional investors; drafting and negotiating lease and concession agreements; representing private entities in obtaining tax credits and subsidized financing; obtaining federal and state environmental approvals, state regulatory approvals, local zoning approvals and land-use clearances; and representing property owners subject to eminent domain actions.
Condominiums, Cooperatives and Planned Unit Communities
We represent developers, unit owner associations and declarants in the formation of condominiums, cooperatives and planned unit communities, both conversions and ground-up developments, for residential, office, retail, industrial and mixed use. For developers, we structure condominium transactions and create effective and efficient legal structures that satisfy the complex requirements of condominium law. We also prepare governing documents and advise numerous owners’ associations on day-to-day governance matters as well as issues related to managing any large real estate project or business organization.
Construction Contracts and Disputes
From front-end to close-out, our attorneys are skilled at bringing construction projects to successful completion. We help clients navigate the obstacles that hinder a project’s process, providing consultation and representation as needed during construction administration to minimize costs and the risk of any related litigation. We provide assistance with acquisition and land development; financing and bonding; contract negotiation, drafting and interpretation; insurance coverage and claims issues; employment issues; creditor-debtor issues; environmental issues; dispute resolution; intellectual property issues; and recommending teams for a successful construction project.
Fox Rothschild works with clients on many types of sustainability projects, advising on federal and state incentives available for sustainability development, managing legal issues in building green construction from contracts with design professionals to financing documents with lenders, and preparing or reviewing green leases from a landlord's or tenant's perspective.