The attorneys at Kuhl & Grant bring a comprehensive real estate legal background, as well as a recognition of current market factors, to provide comprehensive real estate legal services to our clients. Our knowledge has been gained through decades of experience with a wide vareity of transactions under varying economic conditions. This knowledge has instilled in us a creative yet practical mindset in approaching our clients’ real estate needs. We are focused on learning about the goals and objectives of our clients, keeping aware of current economic factors and their impact on real estate transactions, and combining this information with our experience to achieve a successful and timely completed project. We also have experienced the many and varied ways that a transaction can be impeded and thrown off track. We are accustomed to such interruptions and what may seem to be roadblocks to the successful conclusion of a project. We focus on creative solutions to such impediments and always seek to find a workable solution.
We consult on a variety of real estate issues and represent for-profit, nonprofit and governmental entities in their various roles in real estate transactions, whether as owners, landlords, tenants, developers, lenders, management companies, construction companies or other real estate professionals. Over the years we have established many relationships in the real estate industry, including title companies, surveyors, appraisers, brokers, property management companies, lenders, State and Local agencies and other real estate professionals, which we utilize for the benefit of our clients.
Although not comprehensive, our list of experience includes:
Real Estate Acquisition and Leasing
We represent sellers and purchasers, landlords and tenants, grantors and grantees, in all aspects of buying, selling and leasing real estate. We regularly draft and negotiate contracts for a broad range of projects - from private homes to apartments and condominiums, office buildings and manufacturing facilities. We draft and negotiate all types of real estate contracts, including purchase and sale contracts, leases, easements, licenses, management agreements, development agreements, loan documents and condominium documents. We are familiar with standard form documents such as AIA and AGC and often modify these documents to the specific requirements of a particular project. When standard form documents are not appropriate, we create specialized documents tailored to the particular needs of unique projects. The types of documents we negotiate, draft, review and implement and services we provide include:
Purchase and sale agreements (including options) of virtually every type of real estate including retail, commercial, industrial, residential, office
Leases, licenses and use agreements
Due diligence, including title, survey, environmental, including resolving title issues
Acquisitions of properties in foreclosure/receivership and purchases of loans as an alternative to purchase of the real estate
Multi-parcel land assemblage
Declarations of Covenants, Conditions and Restrictions
Development, Construction and Management
We represent owners, developers, construction companies, property management companies and governmental entities in all aspects of developing, constructing and operating various types of real estate and real estate improvements.
Real estate development projects are often developed and owned by a single development entity or group. For these projects, Kuhl & Grant attorneys prepare or review project development agreements to ensure that they conform to the intended development and ownership structures and will satisfy the requirements of project funders. However, many other real estate development projects involve multiple, unrelated parties serving in a variety of capacities. Kuhl & Grant has extensive experience in structuring and negotiating transactions involving unrelated parties, including a variety of co-development and joint venture arrangements. We consult with our clients in order to fully understand their specific needs and goals, both in the short-term and over the longer-term life of the project, and then negotiate a structure and supporting documents that will best serve those needs and goals.
Kuhl & Grant attorneys regularly review and negotiate a variety of construction and development documents, including construction contracts, development agreements and architectural services agreements. We are very familiar with the broad range of pre-printed documents currently in use and the risks they present to an owner/developer. We are able to evaluate the overall project structure and determine which contractual arrangement (e.g., general contractor, construction manager, design-build, etc.) is the most appropriate for a particular transaction. In addition, our attorneys have negotiated hundreds of construction, development and architectural services agreements, and understand the key issues of concern for the various parties, leading to a quick and successful negotiating process.
The breadth of our experience in a wide range of real estate development transactions enables Kuhl & Grant to advise our clients regarding the property management issues affecting their specific projects. We routinely advise our clients regarding the regulatory requirements that must be observed in order to keep their projects in compliance with all applicable funding sources, whether development or operating funding. We consult with our clients on the qualifications and abilities of potential property management entities to satisfy these applicable requirements. Once a property manager has been selected, we review and negotiate the property management agreement to ensure that the applicable requirements associated with all funding sources are addressed, including regulatory/compliance matters, termination provisions and reporting requirements. We also assist our clients in securing any necessary approvals of property management entities from project funders. Finally, we advise our clients regarding any purported violations of regulatory requirements during applicable compliance periods.
Additional types of agreements we negotiate, draft, review and implement and the services we provide include:
Urban redevelopment and mixed-use project agreements
Project agreements with municipalities
Property tax exemptions and appeals
Construction contracts, in all formats (e.g. fixed price, design build, construction manager), and architects agreements (AIA documents and specifically prepared documents)
Owner’s Representative Agreements
Property Management Agreements
Entity Formation and Ownership Structure
Parties can come together in many relationships and develop property in many formats. We represent partners, members and shareholders, for-profits and nonprofits, as they come together to undertake real estate development. We regularly work with our clients at the onset of a real estate development project to determine the appropriate and optimal ownership structures and choice of entity determinations to meet their business needs or the requirements of specific transactions. We advise clients on the organizational and operational issues related to corporation (including Subchapter S corporations), nonprofit organizations, LLCs, partnerships (both limited and general) joint ventures, and prepare the appropriate formation and governance documents to achieve the client's objectives. We assist clients with organizational structuring of affiliated and subsidiary entities in order to satisfy client needs as well as regulatory and financing requirements. Finally, we assist our clients in determining the appropriate Federal tax status for various entities, and prepare and file the appropriate IRS forms based upon that determination.
We also provide legal counsel with regard to the various forms of real estate ownership, including:
Forming entities and negotiating entity documents between partners/members
Drafting condominium documents including residential, office/retail and mixed-use
Drafting homeowner association documents including advising on the transfer from the developer to the homeowners
The parties to a real estate transaction require financing in one form or another, including debt and/or equity, Federal, State and/or Local grants and other forms of incentives. In almost all cases, financing for a particular project involves more than a single funding source. Kuhl & Grant attorneys have extensive experience in combining multiple sources of financing, including understanding and complying with applicable governmental rules, regulations and guidelines. We work closely with our clients at the onset of each transaction to determine the available and most advantageous financing options for their specific transactions. We frequently review project development and operating budgets and advise our clients on modifications to ensure that the budgets will satisfy the underwriting criteria of project funders. Once those financing commitments have been secured, we assist our clients in all aspects of closing the financing and receiving funding, including assisting our clients in satisfying all necessary due diligence/closing requirements, participating in "closing checklist" conference calls or meetings, preparing, reviewing and negotiating all financing documents, attending closings and handling all necessary "post-closing" requirements so that initial and subsequent funding can occur without delay. We represent developers, lenders and borrowers, equity investors and other sources of financing to a developer. Our experience includes:
Commercial real estate lending (including securitized loans, HUD, FHA, FNMA, GNMA)
Construction, mezzanine and permanent financing
Workouts and restructuring
Ground leases and leasehold financing
Equity placement and syndication
Governmental grants and incentives
Our attorneys have served as local counsel on a wide variety of transactions. We are familiar with the role of local counsel on a transaction and ensure that we are coordinating with the rest of the team. Our experience includes:
Serving as local counsel for multi-state transactions or out-of-state owners
Providing local counsel admission and borrower’s opinions