Real Estate, Land Use, and Zoning

Our attorneys have extensive experience with a wide range of matters relating to commercial real estate development and transactions.We have represented both public entities and private developers in all aspects of commercial real estate, including purchase and sale transactions, due diligence, land use and entitlements, financing and development, environmental compliance and leasing.We have particular expertise in real estate transactions that include a public sector component, including public private partnership transactions, transactions involving tax increment financing, special metropolitan district and other forms of public finance and transactions that involve public sector scrutiny and approvals.We frequently work with our clients as part of a multi-disciplinary team that includes architects, planners, engineers, community engagement experts and other disciplines.

We also represent clients throughout the country in a variety of land use and zoning matters.Our clients in these matters include real estate developers, local governments, airports, and corporate landowners.We advise clients on comprehensive land use, transportation, and other master planning documents;zoning and other regulatory requirements; preparing and negotiating intergovernmental agreements, subdivision agreements, vesting agreements, and other agreements; drafting legislation, findings, staff reports, and related documents; and defending project approvals against legal challenges and resolving disputes through settlement agreements and other means.

Representative Experience    

  • Represent the private purchaser and redeveloper of the former Gates Rubber plant site.  Negotiated purchase and sale agreement, assisted with project due diligence and entitlements, negotiated environmental insurance policy, and advised on environmental cleanup and risk management, use of metro district and tax increment financing, affordable housing and private project financing. 
  • Represent the master developer, now Brookfield Properties, of the Stapleton project (now called Central Park) since the beginning of the redevelopment of this 4,700-acre master planned mixed-use community. The Firm  assisted the master developer in nearly all aspects of the ongoing redevelopment, including preparation of contracts for construction of $650 million of publicly-financed infrastructure; title and survey review; environmental risk mitigation, disclosure, regulatory compliance, and insurance; advice regarding ongoing land use, entitlements, affordable housing and financing matters; and all aspects of ongoing commercial and mixed-use resale transactions, including negotiating and drafting the purchase and sale agreements, restrictive covenants, easements, licenses, and other access agreements, and coordinating closings.
  • Represent national multi-family homebuilder on real estate, due diligence and land use and zoning issues associated with Colorado projects.  Advise on metro district issues, affordable housing requirements, mineral interest issues and other associated matters.  
  • Represent the owner of the Elitch Gardens Theme and Water Park in Denver, Colorado, with respect to environmental aspects of the planned River Mile redevelopment including negotiation of environmental terms and conditions of the Rezoning Development Agreement with the City and County of Denver, amendment of the existing 1992 Consent Agreement with the Colorado Department of Public Health and Environment and associated site characterization and corrective action plans, environmental cost recovery and negotiation of environmental insurance policies.
  • Represented the master developer of the Denver Union Station site, including drafting and negotiating primary project agreements, assisting with the structuring of the financing of the transit station, and zoning, land use, and governance issues associated with this project.
  • Represented the City and County of Denver Department of Aviation on a public-private partnership for the development of the Peña Station rail station as a transit-oriented development.  Our involvement included issues related to real estate, public and private finance, land use, federal airport regulation, and other regulatory issues. 
  • Represent the City and County of Denver on all aspects of the structuring and procurement of the expansion and redevelopment of the National Western Stock Show into a new, 270-acre, state-of-the-art multipurpose campus.  The project is being procured through the City’s new Performance Based Infrastructure (PBI/P3) Office and will utilize a design- build-finance-operate-maintain (DBFOM) model for the redevelopment of the 60+ acre “Triangle” parcel, which will include a new 10,000 seat arena, exposition hall, renovation of the 1909 historic stadium arena into a public market space, and structured parking assets. 
  • Represent a developer on land use and entitlement issues associated with new master planned mixed use community in suburban Denver.

Please see our specific practice area descriptions for more detailed information on our various projects and skills.

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