PRACTICE TEAMS
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DEVELOPMENT AND REAL ESTATE INVESTMENT
Related Practice Areas
Organizational and Entity Structure
One of the most critical elements of a real estate transaction is determining the appropriate way to structure a particular transaction to best suit the need of the client. Our attorneys assist clients in choosing and forming the appropriate ownership entity for each transaction. This involves the development of project ownership and financing arrangements designed to limit corporate liability, optimize tax treatment and permit efficient financing of a project or portfolio of projects, while at the same time complying with applicable regulatory requirements.
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Historic Rehabilitation Tax Credit and Low Income Tax Credit Transactions
Often, real estate projects are stimulated by governmental tax incentive programs. Our attorneys deal with these programs on a daily basis and are well-versed in the requirements needed to realize the benefits associated with such tax credit programs.
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Land Use and Development
We assist our clients in securing the proper zoning, obtaining permits and preparing specialized documentation such as proffered zoning conditions, PUD and CUP documents and architectural engineering and construction contracts.
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Public-Private Ventures
We assist our clients in structuring joint efforts, in which the public sector reduces its cash outlays and the private sector combines its entrepreneurism with non-cash resources, to produce successful real estate projects.
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Legislative and Administrative
Often, deserving projects have problems that need legislative solutions. Gregory Kaplan, PLC has the ability to help navigate its clients through the legislative process. Additionally, Gregory Kaplan’s legislative and administrative attorneys have the experience and contacts to help secure permits, approval and developmental rights necessary for any project.
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Title and Real Estate Issues
The review of traditional real estate issues, such as the resolution of title and easement issues, remains an important part of Gregory Kaplan’s Development and Real Estate Investment practice.
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Tax Planning
Gregory Kaplan’s tax attorneys offer advice and guidance on the tax implications of deal structure and entity structure. Their experience in the formation of corporations, partnerships and limited liability companies assists individual entrepreneurs in effective tax and estate planning as well as regional, national and international clients in their investment and growth strategies. We routinely advise clients on using such creative transactions and various structured financing arrangements.
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Debt Financing
We represent clients on a variety of commercial lending transactions, including first and subordinate mortgage loans, participation and syndicated loans, construction loans, combination loans, wrap-around mortgage loans, bridge loans and mezzanine loans. Moreover, Gregory Kaplan’s attorneys are experienced in a wide array of financing arrangements, including, leveraged, synthetic and other lease financing, construction and term financing, bridge financing and various structured financing arrangements.
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Equity Financing / Ownership Arrangements
Gregory Kaplan attorneys routinely advise purchasers and sellers in the purchase and sale of equity interests in real estate ventures, including advice on applicable securities laws, preparation of registration statements and other disclosure documents, and preparation and negotiation of constituent documentation such as share purchase, shareholder and partnership agreements.
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Transaction Documentation
In addition, our attorneys assist in the preparation of confidentiality agreements, engagement letters with consultants and legal and financial advisors, letters of intent and similar agreements with potential business associates and customers.
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Environmental Site Evaluation
Our lawyers assist in analyzing the risks associated with contaminated properties and often work with the client’s environmental consultants to choose appropriate strategies for remediation, allowing a project to go forward.
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