Flores & Mihevc, LLC advises developers, owners and operators of commercial property, private equity firms, national and regional landlords and tenants, REITs, and individual buyers and sellers in connection with acquisitions, dispositions, leasing, financing, and development of real estate of all types including complex, multi-million-dollar transactions involving shopping centers, retail developments, office properties, mixed-use developments, industrial facilities, and other income-producing assets nationwide.
The firm guides and advises clients throughout the real estate process, including structuring and negotiating sophisticated transactions, entitlement, construction contracts and administration, loans, negotiating and completing leases with end users, managing and addressing extensive due diligence (including title, survey, zoning/entitlement, environmental), and successfully closing transactions.
The firm is committed to coordinating and collaborating with clients, lenders, brokers, and other professionals to ensure the efficient, cost-effective, and successful completion of transactions.
Acquisitions and Sales
- Draft, review, negotiate and complete letters of intent and purchase and sale agreements
- Assist clients with entitlements and zoning matters
- Draft all required documentation for development including CCRs, easements, etc.
- Conduct and manage due diligence process
- Review and address title, survey, environmental and property-condition issues
- Structure and form the business entities (Joint Ventures, LLCs, corporations, partnerships, etc.)
- Negotiate and complete leases with end users of property
- Negotiate and complete loan transactions for acquisition and construction
- Complete and oversee construction contracts and legal aspects of construction process
- Draft and complete all closing documents including deeds, SNDAs, estoppels, etc.
- Manage and coordinate closing
- Assist clients with post-closing matters, property management issues, disputes, litigation management, and other issues that arise as a result of the ownership of real property
Commercial Leasing
- Draft, negotiate, complete, and manage commercial leases on behalf of both landlords and tenants for all types of properties, including retail, office, industrial, mixed-use, and other properties,
- Extensive experience in the drafting, negotiation and completion of build-to-suit leases, ground leases, reverse build-to-suit leases, other types of leases, subleases, and assignments
- Negotiate, complete, and oversee completion of work letters and delivery requirements on behalf of landlords and tenants
- Draft, negotiate, complete, amend, and address other issues with respect to CCRs.
- Complete and oversee due diligence with respect to property on behalf of landlords and tenants
- Advise landlords and tenants during the lease term regarding lease interpretation, amendments, extensions, estoppels, SNDAs, CNDAs, CAM, and dispute resolution
Development and Construction
- Represent stakeholders in the development process – owners, developers, design-builders, landlords, tenants, investors, take-out buyers, etc.
- Advise clients through the entitlements and zoning process
- Complete and interpret documentation with governmental entities including development agreements, infrastructure agreements, subdivision, annexation, easements, conditional/special uses, variances, ordinances, and other land use documentation
- Structure, negotiate, complete and oversee AIA and other construction contracts, including design-build contracts and owner/general contractor contracts, and architect and engineer contracts
- Structure and form business entities (Joint Ventures, LLCs, corporations, partnerships, etc.)
- Draft and amend CCRs, easements, and other documents affecting ownership and use of property
- Address environmental matters including Phase I and Phase II investigations, environmental remediation and mitigation of risk
- Assist clients throughout the construction process through delivery of possession, stabilization, and sale or purchase completed developments
Financing and Lending
- Advise borrowers regarding construction and permanent loans throughout the loan transaction process, from term sheet through final funding and closing of the loan and post-closing compliance
- Draft, negotiate and complete loan documents including loan agreements, promissory notes, security agreements, environmental indemnity agreements, mezzanine loan documents, intercreditor agreements, and ancillary loan documents
- Address and complete items on lender checklist including due diligence, entity formation and documentation, loan documents, and other requirements resulting in final funding of the loan
- Assist clients with ongoing loan management including covenant compliance, loan modification agreements, extensions/amendments, etc.
Entity Formation and Structure
- Advise clients regarding entity formation and structure, including joint ventures, LLCs, corporations, partnerships, and other structures
- Complete documentation to form and operate business entities including formation documents, bylaws, operating agreements, partnership agreements, and other debt and equity structures
- Address entity issues and documentation for the purchase, financing, operation, and sale of property
