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Overview
Dave focuses his practice primarily in the areas of real estate and commercial lending.
Dave represents developers, sellers, purchasers, asset managers, landlords, and tenants in all aspects of real estate law, including financing (including construction and permanent financing), leasing, licensing, managing, acquisitions, and dispositions of office, industrial, residential, and retail properties. Dave also represents lenders in local, regional, and multistate credit transactions, including construction and term loans, revolving credit facilities, and loan workouts.
Dave is a Chambers USA-rated attorney, a certified Minnesota State Bar Association Real Property Law Specialist, and a Fellow in the American College of Mortgage Attorneys.
Experience
Representative Work
Real Estate Acquisitions, Dispositions, and Leasing
- Counsel for the purchaser of two mixed-use office towers in Minneapolis, MN containing over 1,000,000 square feet of office space.
- Counsel for asset managers in connection with lease and license agreements, property management agreements, financing, listing agreements, easements, and corporate matters for industrial and office properties throughout the country.
- Counsel for landlords and tenants in office, industrial, and retail leasing transactions.
- Counsel for developers in all aspects of real estate development including acquisitions, due diligence, construction, financing, leasing, and dispositions.
- Drafting and negotiating purchase and sale agreements, option contracts, management contracts (including hotel management agreements), licenses, easements, restrictive covenants, construction contracts, and contracts for deed.
- Representing an owner in the sale of a hotel and restaurant for $10 million including assignments and terminations of various franchise agreements for both the hotel and conjoining restaurant.
- Advising landlords and tenants in drafting and negotiating office, retail, and warehouse leases, subleases, lease amendments, tenant estoppel certificates, assumption agreements, and subordination, nondisturbance, and attornment agreements.
- Counsel for a national bank in its lease negotiation for nearly 500,000 square feet of office space as part of a consolidation of multiple offices.
- Advising property owners and lenders in connection title reviews, surveys, and other due diligence in connection with financing transactions, acquisitions, and dispositions.
- Advising property owners in connection with zoning and land-use matters, boundary disputes, and other title issues.
Financing and Workouts
- Counsel for a developer in connection with a $261 million construction loan from a syndicate of lenders for a 37-story mixed use tower in Minneapolis consisting of office space, retail space, a 5-star hotel, and condominium units.
- Counsel for multi-family housing developer in connection with construction and permanent financing transactions.
- Counsel for a developer in connection with a $51.5 million construction loan from a major financial institution to a joint venture constructing two office and warehouse buildings in Colorado totaling more than 800,000 square feet.
- Counsel for multiple local and national banks and other lenders, including representation of a life insurance company on several multi-million dollar loans secured by office, industrial, residential, and retail properties throughout the country.
- Representing a developer in securing a $6.75 million loan for the development of a senior cooperative facility. The loan was cured by the borrower's interest in subscription agreements for the sale of membership interests in the cooperative.
- Representing a developer in connection with $44 million construction loan for the development of multiple industrial buildings in Colorado.
- Serving as local counsel for a national real estate investment trust in connection with a $250 million financing transaction secured by properties in multiple states.
- Representing a national bank in a $30 million real estate financing transaction secured by properties in multiple states.
- Serving as lead counsel for a national retailer in connection with a $35 million revolving credit facility.
- Serving as lead counsel for a national retailer in connection with a $30 million refinancing transaction secured by properties in multiple states.
- Representing national and local lenders in restructuring loans in excess of $400 million, including negotiating and drafting forbearance agreements, deed-in-lieu transactions, and other commercial workout agreements.
- Representing national and local lenders in negotiating and drafting all types of loan documents including participation agreements, intercreditor agreements, and subordination agreements, and assisting in all areas of due diligence.
Industries & Practices
Banking & Financial Institutions
Explore This Practice View client achievements related to this practice View resources related to this practiceDevelopment & Infrastructure
Explore This Practice View client achievements related to this practice View resources related to this practice- Banking & Financial Institutions
- Construction & Design
- Development & Infrastructure
- Lending Transactions
- Mergers & Acquisitions
- Mortgage Banking
- Real Estate & Land Use
Professional & Civic
Professional Achievements
- American Bar Association, Member
- Minnesota State Bar Association, Member
- Hennepin County Bar Association, Member
- Real Property Law Specialist, Minnesota State Bar Association
- NAIOP, Member
- International Council of Shopping Centers (ICSC), Member
- City of Shorewood Planning Commission, Former Member
Accolades
- Listed in Best Lawyers in America©, 2018-2025
- Fellow of American College of Mortgage Attorneys, 2019-2024
- Named one of “America’s Leading Business Lawyers” by Chambers USA (Real Estate), 2018-2024
- Listed in Minnesota Super Lawyers, 2015-2020, 2024
- Listed as a “Rising Star” by Minnesota Super Lawyers, 2004