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
  • 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.

  • Represented CoBank, FCB, as tenant, under a build-to-suit lease in connection with the construction, financing and leasing of a new 270,000 square foot office building for CoBank's new headquarters.

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

  • Led efforts for the redevelopment of a large outdoor mall to create a new, mixed-use center, including retail, residential and office space. The firm managed the joint venture structuring, eminent domain process, public and private financing, construction matters, creation of governing documents, national anchors tenant negotiations and leasing of more than one-million-rentable square feet of retail, office and residential space to national, regional and local retailers.

  • 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.

  • Served as counsel to health club owner in the leasing and development of a 54,000-square-foot health club facility in Boulder, Colorado, and a 38,000-square-foot health club facility in Denver, Colorado, each including substantial landlord performed tenant improvements.

  • On behalf of a gaming company, negotiated a 10 year lease for a tavern space.

  • 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.

  • Represented client in purchase of a distressed San Francisco property out of bankruptcy for development of an approximately 81 unit multi-family building. Represented client in bankruptcy matters, negotiations with operating partner of incentive development agreement, and California land use and CEQA matters.

  • Negotiate lease agreement for the Discovery Children's Museum located in downtown Las Vegas on behalf of the Smith Center as landlord.

  • Served as on-going outside counsel to The Wellbridge Company in connection with its ownership and operation of health club facilities located in various states. This representation includes corporate structuring; real estate and club acquisition, development and financing; dispositions and leasing; contracts incidental to operations; and coordination of employment and labor matters and litigation prosecution and defense.

  • Represented Miller Global Properties in the negotiation and closing of the acquisition of a 400,000 square foot office building in Houston, Texas. Brownstein also negotiated the related acquisition financing, and structured and documented 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.

  • Served as counsel to seller, Pioneer Investment Company, LLP, in connection with its multi-million dollar sale of a multi-tenant office building and real property located at 5675 DTC Boulevard in the Denver Tech Center in Colorado.

  • 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.

  • Negotiated a lease on behalf of Wynn Resorts for the high-end retailer, Hermès, in its Encore Retail Promenade in Las Vegas.

  • Negotiated the lease for space in a high-end Las Vegas shopping center on behalf of a prominent European fashion retailer.

  • 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.

  • Prepared Caesars Entertainment's retail lease form for use across its national hotel and casino network.

  • Served as counsel to the Flamingo Las Vegas Hotel and Casino in negotiation of the intellectual property and other rights necessary to develop a Margaritaville-themed gaming area at the Flamingo. This area is approximately 15,000 square feet and includes 22 table games and 220 slot machines.

  • Advised Douglas Wilson Companies, a receiver for several shopping centers whose owners have defaulted on their loans, as to lease and workout issues as well as drafted leases, lease amendments and related documentation with respect to these southern Nevada shopping centers.

  • Negotiated the amendment to the third amended and restated agreement to design, construct and lease a performing arts center with the City of Las Vegas on behalf of The Smith Center for the Performing Arts.

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

  • Represented the City of Albuquerque in the negotiation of the IRB lease agreement relative to Phillips Semiconductor's plant closure. Gulfstream Worldwide Realty, Inc. vs. Philips Electronics North America Corporation.

  • 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.

  • Represented a prominent Las Vegas hotel and casino as landlord in the negotiation of leases for retail and other commercial space.

  • 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 counsel in connection with the financing of the $105,000,000 County Detention Facility by Adams County, Colorado. This financing evidenced proportionate interests in the assignment of base rentals and other revenues under an annually renewable lease purchase agreement between Adams County Detention Facility Leasing Trust 2009 as lessor, and Adams County, Colorado as lessee.

  • Represented Redwood Real Estate Partners in a 17-acre development project which included retail, restaurants and a mid-size hotel located on Denver International Airport-owned land. Brownstein handled ground lease operations with the airport as well as leases with prospective tenants.

  • 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.

  • Negotiated two office leases in Boulder, Colorado for over 100,000 square feet of office and lab space on behalf of Gilead Sciences, a leading biopharmaceutical company.

  • Negotiated the lease agreement and management agreement for Union Health Clinic on behalf of the Construction Industry and Laborers Health and Welfare Trust in Nevada.

  • Represented Hard Rock Holdings, LLC in the negotiation of a warehouse lease for temporary storage in Las Vegas.

  • Represented Key Bank in connection with its Letter of Credit for the $8 million Colorado Educational and Cultural Facilities Authority Adjustable Rate Demand Revenue Bonds Series 2007 (Rehoboth Christian School Association Project).

  • Represented Pinnacle Entertainment, Inc. in the negotiation of a casino lease at Four Seasons, Great Exuma in the Bahamas.

  • Negotiated sale-leaseback agreements, guaranty documents, transfer documents and related collateral agreements in connection with representation of the Seller/Tenant in a $176 million sale-leaseback transaction involving 15 sites in four states. Coordinated and handled due diligence on all properties.

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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
Noelle Riccardella Shareholder T 303.223.1204 nriccardella@bhfs.com
Ashley B. Wingfield Shareholder T 303.223.1218 awingfield@bhfs.com
Bryce H. Beecher Of Counsel T 303.223.1124 bbeecher@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
Aaron M. Hyatt Shareholder T 303.223.1107 ahyatt@bhfs.com
Catherine A. Hildreth Associate T 303.223.1263 childreth@bhfs.com
Michael Vikram Kapoor Associate T 303.223.1387 mkapoor@bhfs.com
Shane C. Griffin Associate T 303.223.1259 scgriffin@bhfs.com
Suzanne R. Kalutkiewicz Consulting Attorney T 303.223.1131 skalutkiewicz@bhfs.com
Charles J. Smith Associate T 303.223.1289 cjsmith@bhfs.com
Jacob P. Whitted Associate T 303.223.1209 jwhitted@bhfs.com
Rick D. Thomas Associate T 303.223.1212 rthomas@bhfs.com