Leasing - Brownstein Hyatt Farber Schreck

Few firms can equal Brownstein’s level of focused experience and comprehensive service when dealing with the specific issues associated with leases. We understand the market, the norms and the reasonable terms for negotiations. We bring this knowledge to bear so that your deal goes through smoothly and with minimal expense.  

National retail leasing is familiar territory for us. We have experience negotiating leases with almost every major national retailer. The company representatives know us. They trust us. We understand their concerns, and we are one step ahead of the game when it comes to ironing out terms that satisfy tenants and landlords alike. 

Our Leasing Group represents clients with regard to the lease of land, office space, retail developments and industrial complexes. Among other related tasks, our work covers due diligence issues, management of negotiation processes and coordination of the terms of leases. We are unique in that we often manage the leasing process during larger, new development projects, including tracking lease negotiations, monitoring the provisions of projects and managing conflicts with tenants.

Taking a collaborative, business-oriented approach, we represent a wide variety of clients, including tenants, developers and property management companies. We are accustomed to working with developer and management company partners such as REITs, private equity groups, pension funds, retirement funds, insurance companies and other institutional investors. 

Representative Matters
  • Counsel to EverWest and WHI in 86,000 square foot office building lease with WeWork at Junction 23 in RiNo. Junction 23 will be WeWork’s largest flexible office project in Colorado.

  • Represented Rose Community Foundation in the purchase of the Staenberg-Loup Jewish Community Center (JCC Denver) campus and leaseback of the campus to JCC Denver for a term of 100 years at $1 per year.

  • Pro bono representation of 501(c)(3) organization in connection with a ground lease from the City of Glendale, California for the development of a $40 million museum and cultural center.

  • Represents Vail Resorts in all landlord resort focused retail leasing at Keystone, Northstar, Beaver Creek, Breckenridge and Vail.

  • Represented a real estate investment company in the acquisition and financing of a multi-use, multi-property project in Nashville, TN. Project included an existing 239 unit apartment building and 27,359 square feet of retail space and a to-be-developed 139 unit apartment building and approximately 8,525 rentable square feet of retail space. Provided real property due diligence; amended commercial leases; negotiated membership purchase agreement, joint venture agreement, loan documents, property management agreements, reciprocal access and parking agreements, shared amenities agreement, and temporary construction agreements; and formed, converted, merged and dissolved entities in multiple states.

  • Represents a regional natural grocer in site acquisition and leasing.

  • Represented Fortune 500 client in a single tenant Lease at 960 Kifer Road, Sunnyvale, California consisting of a warehouse-distribution and office building containing approximately 91,255 rentable square feet.

  • 200,000 square foot office lease with Fortune 50 company.

  • Represented a Denver-based real estate investment company in the acquisition and leasing of 200,000 square foot high-rise core and shell office development in Austin, Texas.

  • Represented hotel casino operator in connection with the negotiation and drafting of a long term ground lease to a national retail tenant, including access and easement issues related thereto.

  • Represented hotel casino company in connection with the negotiation of a complex amendment to its ground lease for an existing hotel casino property.

  • Counsel to a hotel casino in a restructuring of a restaurant joint venture which involved negotiating new leases, licenses and intellectual property agreements.

  • Successfully handled the regional headquarter relocation of one of the largest companies in the Rocky Mountain region including lease negotiations for a to-be-constructed new downtown Denver office building and handled the sale of its then existing downtown Denver office building.

  • Represented AREA Property Partners in their investment in the Hyatt Regency Hotel in New Orleans, including negotiation and closing of $200,000,000 of equity and debt financing for the redevelopment of this 1,193 room hotel which was reopened on October 19, 2011 after being closed since Hurricane Katrina in September, 2005. Served as lead counsel in negotiation of joint venture documents with Poydras Hotel Members and Hyatt Corporation, and $140,000,000 of construction loan financing. Representation and deal structure also included PILOT treatment, ground lease components and hotel management agreement.

  • Counsel to Miller Global Properties in the negotiation and closing of the acquisition of a 400,000 square foot office building in Houston, TexasOur representation included the negotiation of the related acquisition financing, and the structuring and documentation of the joint venture which acquired the property.

  • Represented West Valley Lodging Initiatives, LLC in connection with the $33 million construction and sublease of an Embassy Suites hotel in West Valley City, Utah.

  • Represented Public Service Company of Colorado, an Xcel Energy company, in connection with the design, construction and leasing of a new 400,000 square foot office building for its new regional headquarters. Designed with a LEED-CS Platinum-certified shell, it is the first LEED Platinum high-rise office building in the country.

  • Negotiated the lease for Western Athletic Clubs, a chain of luxury health and fitness clubs in California, in a Sears-owned space of more than 60,000 square feet.

  • Represented a real estate investment firm in the negotiation of leases and amendments for first-class office and retail space in a portfolio of buildings in downtown Denver, and provided advice on lease defaults.

  • Represented casino hotels and resorts in various disputes with lessees and in eviction proceedings.

  • Represented the owner of a GSA leased building with acquisition and permanent financing of the site, lease extension with the GSA, and eventual sale of building with assumption of the existing loan by a REIT purchaser.

  • On behalf of the landlord, handled the negotiation and preparation for the lease of 49,000 square feet of office space located in Santa Barbara, CA. The lease represents the largest Commercial Real Estate transaction to take place in 2009 on California's South Coast.

  • Represented a Nevada Indian tribe in the negotiation of a Solar Energy Ground Lease Agreement and other agreements with a large renewable energy developer for the construction of a 200 MW concentrated solar project on approximately 1000 acres of vacant tribal land located in southern Nevada.

  • Represented a private investment company in due diligence, contract negotiation, acquisition and financing of more than 15 California shopping centers valued at over $300 million. Brownstein handled environmental remediation and development or sale of additional pads for several of the sites.

  • Negotiated and documented commercial real estate leases for more than 12 million square feet of distribution and industrial space for ProLogis at more than 60 properties in 18 states and in Mexico.

  • Coordinated land use and zoning issues involving a large commercial office site and subsequently negotiated the sale and leaseback to a commercial developer.

  • Served as special COP counsel in connection with a $17,735,000 lease purchase financing of the new Denver Botanic Gardens parking garage. Certificates of Participation, Series 2008B, evidenced a proportionate interest in the base rentals and other revenues under an annually-renewable lease purchase agreement between the Denver Botanic Gardens Parking Facility Trust 2008 as lessor, and the City and County of Denver as lessee.

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Meet The Team

Rob Kaufmann Shareholder T 303.223.1176 rkaufmann@bhfs.com
Tal Diamant Shareholder T 303.223.1235 tdiamant@bhfs.com
Ashley B. Wingfield Shareholder T 303.223.1218 awingfield@bhfs.com
Sean M. Bahoshy Shareholder T 303.223.1229 sbahoshy@bhfs.com
Amy J. Diaz Shareholder T 303.223.1234 adiaz@bhfs.com
Marc C. Diamant Shareholder T 303.223.1132 mdiamant@bhfs.com
Jessica M. Burns Attorney T 805.882.1437 jburns@bhfs.com
Aaron M. Hyatt Shareholder T 303.223.1107 ahyatt@bhfs.com
Shane C. Griffin Shareholder T 303.223.1259 scgriffin@bhfs.com
Charles J. Smith Shareholder T 303.223.1289 cjsmith@bhfs.com
Joshua P. Rabinowitz Shareholder T 805.882.1421 jrabinowitz@bhfs.com
Richard M. Pandorf Associate T 303.223.1188 rpandorf@bhfs.com
Jacob P. Whitted Shareholder T 303.223.1209 jwhitted@bhfs.com