Holland & Knight: West Coast Real Estate, Land Use and Environment Group - 2021 Project Highlights

2021 PROJECT HIGHLIGHTS

A MESSAGE FROM OUR PRACTICE LEADERS

From Spanish land grants to the rush for gold and from wrathful grapes to starstruck speculators, real estate permeates the history of the American West. Holland & Knight is proud to play its part in that ongoing history by providing legal services in one of the most robust, complex and colorful real estate markets in the world.

The West Coast Real Estate, Land Use and Environment Groups, as well as many of their individual lawyers, have received significant acclaim, including recognition by Chambers USA – America’s Leading Lawyers for Business, U.S. News, Best Lawyers and Super Lawyers. Throughout the year, our real estate professionals are focused on creating positive, forward-looking opportunities, as well as facilitating renewal and redevelopment along the West Coast and beyond.

As described in this report, our West Coast real estate professionals participated in some of the most complex, sophisticated and transformative real estate projects undertaken in the United States during 2021. We helped clients purchase and sell a wide variety of commercial properties, including office, multifamily and mixed-use projects, data centers and more. We assisted a diverse array of capital markets players in negotiating, structuring and documenting complex transactions, including syndicated loans, preferred equity and mezzanine loans, and public finance and private development matters. We helped clients navigate the often choppy waters of land use entitlements, environmental guidelines and energy regulations.

The West Coast Real Estate, Land Use and Environment Groups proudly present some of our most notable 2021 transactions.

Douglas Praw West Coast Real Estate Practice Group Leader

Jennifer Hernandez West Coast Land Use Practice Group Leader

Marne Sussman Partner, Report Editor

Each year, Holland & Knight helps our clients purchase, sell, lease, develop, operate and finance billions of dollars of commercial real estate assets. In addition to standard product types such as office, retail and industrial, we also represent clients in the acquisition and sale of specialty properties, including hotels, data centers and more. Our West Coast leasing attorneys have enormous depth and breadth of experience and, as a result, develop sophisticated solutions to client issues. We handle large portfolios containing complex and simple leases with equal efficiency, as well as all product types including office, industrial, flex, retail and mixeduse. Our attorneys also understand the lender’s role in the lease approval process and the competing interests of landlords, tenants and lenders in leasing transactions. We pride ourselves on our ability to negotiate triparty deals among these interested parties.

ADVISING AMLI RESIDENTIAL IN ACQUISITION OF SAN DIEGO PARCEL

Holland & Knight represented AMLI Residential Properties LP in the acquisition of a 3.99-acre parcel of land in San Diego. The property will be redeveloped into a 434-unit multifamily apartment project consisting of six stories and mezzanine-level apartments wrapped around an eight-story parking structure.

REPRESENTING HYATT HOTELS IN SALE OF LOST PINES RESORT AND SPA

Holland & Knight’s West Coast Real Estate Group represented Hyatt Hotels Corp. in the sale of the 600-acre Hyatt Regency Lost Pines Resort and Spa, which includes an 18-hole golf course and adjacent undeveloped parcel near Austin, Texas, for $275 million. Holland & Knight also concurrently represented Hyatt in the negotiation of the hotel management agreement between Hyatt and the new owner for the continued management of the resort, as well as the future development of the resort and adjacent parcel.

ADVISING SIERRA-SANTA CLARA IN SALE OF SILICON VALLEY HOTEL TO PARADIGM

Holland & Knight represented Sierra-Santa Clara Inc. in the sale of The Plaza Suites Silicon Valley – a 219-unit, allsuites hotel with a pool, restaurant and bar in Santa Clara, California – for $72.5 million to Paradigm Hotels Group.

Image provided by AMLI Residential Properties LP

Image provided by Sierra-Santa Clara Inc.

ADVISING BERINGIA CENTRAL IN SALE OF U.S. BANK TOWER IN DOWNTOWN L.A.

Holland & Knight represented Beringia Central LLC in connection with the sale of the U.S. Bank Tower in downtown Los Angeles. Holland & Knight also represented the client’s acquisition of the U.S. Bank Tower seven years earlier. The U.S. Bank Tower is the secondtallest occupied building west of the Mississippi with more than 1.4 million square feet. One of the complexities of the transaction involved acquiring estoppels from multiple tenants amid the COVID-19 pandemic. Given the legal structure of Beringia Central LLC, the transaction also involved domestic and international tax issues as well as employment matters.

ASSISTING MORGAN STANLEY REAL ESTATE INVESTING IN PURCHASE OF CLASS A MEDICAL OFFICE BUILDING

Holland & Knight represented a private real estate fund advised by Morgan Stanley Real Estate Investing in its acquisition of a 106,018-square-foot Class A medical office building, including a five-story, 396-stall parking garage, in Burlingame, California.

Class A Medical Office Building - Burlingame, California

NEGOTIATING MARRIOTT BRANDING, MANAGEMENT AGREEMENTS FOR BULGARI RESORT

Holland & Knight represented Marriott International Inc. in the negotiation of the branding and management agreements and subdivision documents for the Bulgari Resort in Los Angeles, an uber-luxury, mixed-use development in the hills above Los Angeles. The resort includes a 59-room Bulgari hotel and eight Bulgaribranded estates, ranging in size between 12,000 and 48,000 square feet. Through a relationship established more than a decade ago, Bulgari will provide the brand and Marriott will manage the hotel and residences, subject to uber-luxury standards developed by Bulgari and Marriott. This is the first mixed-use development hotel and residences for the Bulgari/Marriott brand in the United States. Negotiations were extensive – all agreements were tri-party and required approval by Marriott, Bulgari and developer Gary Safady, and the mixed-use and subdivision documents are unique to this project because of the luxury level and size of the estates.

Images provided by Marriott International Inc.

ADVISING OHG WATERSCAPE ON ACQUISITION OF APARTMENT COMPLEX IN FAIRFIELD

Holland & Knight represented OHG Waterscape LLC, an affiliate of Opportunity Housing Group Inc., in connection with the acquisition and financing of the Waterscape Apartments, a multifamily rental housing facility consisting of 180 units and related improvements in Fairfield, California.

Prior to closing, OHG Waterscape assigned its interest in the purchase agreement to the California Statewide Communities Development Authority (CSCDA) Community Improvement Authority (CIA), a joint powers authority that financed the purchase price through the issuance of approximately $84.27 million in tax-exempt essential housing revenue bonds. Through the CSCDA CIA Workforce Housing Program, tax-exempt bonds are issued to acquire market-rate apartment buildings. These properties are then converted to income and rent-restricted units for moderate/middle income households, which are generally households earning 80 percent to 120 percent of area median income (AMI). Annual rent increases are capped at no more than 4 percent.

Opportunity Housing Group remains associated with the Waterscape Apartments as the project administrator and asset manager for the project. Holland & Knight served as real estate counsel and bond counsel for OHG/Opportunity Housing Group in the transaction.

NEGOTIATING MANHATTAN FIVE PARTNERS’ JOINT VENTURE WITH FORTRESS

Holland & Knight represented California-based Manhattan Five Partners LLC in negotiating a joint venture agreement (JV agreement) with Fortress Investment Group for the purpose of purchasing seven multifamily properties in the Dallas-Arlington metropolitan area in Texas. Pursuant to the JV agreement, Holland & Knight also represented Manhattan Five Partners as the “purchaser” of the seven properties.

This was a complex project with many variables. First, the seven properties were owned by two different seller entities, which was reflected in two separate purchase and sale agreements. In addition, pursuant to the JV agreement, the right to acquire title to each property was assigned to a special purpose entity, thus, creating seven purchasing entities. Second, each property required financing – three of which were new loan originations and four of which were assigned. Each loan was then assumed by Fannie Mae or Freddie Mac, two of which also required securitization. Throughout the course of the transaction, Holland & Knight worked with broker and counsel for three different lenders to finalize loan documentation concurrently with each closing. The transaction spanned across Holland & Knight offices in New York, Los Angeles, San Francisco and Dallas.

Because of the complexity of the transaction, Holland & Knight managed three staggered closing dates: four properties closed on March 25, 2021, one property closed on March 31, 2021, and the final two properties closed on April 20, 2021.

Image provided by OHG Waterscape LLC

CAPITAL MARKETS TRANSACTIONS

Our West Coast real estate lawyers advise lenders, developers and equity investors on the full range of real estate-related capital markets transactions across all commercial product types, including hotels, casinos and shopping centers. Whether our clients need assistance with conventional senior mortgage loan financing on stabilized multifamily properties, multiparty joint venture agreements requiring complex waterfalls to address diverse product types in several states or anything in between, our lawyers have the experience and acumen necessary to deliver sage and practical advice. Our real estate transaction experience also includes specialized areas, such as Sharia-compliant financing and the EB-5 Immigrant Investor Program. Multistate transactions, syndication, joint ventures, and various other categories of debt and equity investment are represented in our portfolio of recent deals.

SERVING AS COUNSEL IN NUMEROUS REAL ESTATE FINANCING TRANSACTIONS

Holland & Knight’s West Coast Real Estate Group served as counsel to an administrative agent and lenders in numerous financing transactions secured by medical office, senior housing and life science portfolios located throughout the United States. These transactions include:

„ a $257 million syndicated loan sponsored by a private equity fund, as borrower, and secured by a portfolio of 38 medical office projects in Alabama, Arkansas, Connecticut, Florida, Georgia, Illinois, Louisiana, North Carolina, Tennessee, Texas and Virginia

„ a $150 million syndicated loan sponsored by a private equity fund and secured by a portfolio of six medical office projects in Illinois, California, Massachusetts, Arizona and Missouri

„ a $142 million bilateral term loan made available to a subsidiary of a private equity fund and secured by a portfolio of 12 medical office projects in multiple states

„ a $103.5 million note-on-note transaction to a subsidiary of a private equity fund, with the collateral mortgage loan being secured by a $140.6 million mortgage loan secured by a portfolio of six senior housing projects in Massachusetts

LAND USE AND ENVIRONMENT

Holland & Knight has extensive knowledge in all aspects of land use and environment law, from zoning and entitlements to acquisitions and project development, as well as compliance assessments and environmental impact reports. Our attorneys and professionals have experience addressing issues related to water quality, due diligence, entitlements, brownfields, wetlands, endangered species, historic preservation, health and safety, hazardous materials, biotechnology, insurance and litigation.

Quito Village Shopping Center, California

NEGOTIATING GOLDEN GATE LAND HOLDINGS’ RIGHT-OF-WAY DEAL WITH ALAMEDA COUNTY

Holland & Knight handled the negotiation and documentation of a right-of-way contract between Golden Gate Land Holdings LLC – the owner of the Golden Gate Fields thoroughbred horse racing facility in Albany and Berkeley, California – with the Alameda County Transportation Commission (Alameda CTC) to resolve threatened condemnation of portions of the horse racing facility in connection with a planned new interchange improvement project. The contract established the take area and compensation, and provided for Alameda CTC’s reconfiguration, reconstruction and construction of multiple public and private roadways and other infrastructure as well as landscaping improvements in the vicinity of the client’s property. The contract also established insurance and indemnification protections for the facility owner and assured continued uninterrupted operations at the track.

Image provided by Golden Gate Land Holdings LLC

SETTLING MULTIMILLION-DOLLAR DISPUTE ON CITY’S COLLECTION OF PARK FEES

Holland & Knight negotiated and documented an agreement that settled a multimillion-dollar dispute over a wrongful imposition and collection of park fees by the City of Beaumont in violation of a client’s development agreement and refusal of the California city to accept completed parks for the client’s 3,300-unit Fairway Canyon project. The agreement resulted in the immediate refund by the city to two large merchant builders of $520,000 of illegally collected park fees as well as the city’s agreement not to collect an additional $4 million in park fees initially claimed to be owed in the future for units to be constructed. The agreement also established a process for the city’s prompt inspection and acceptance of completed parks dedicated to the city under the project.

Fairway Canyon

ADVISING SAND HILL PROPERTY ON REDEVELOPMENT OF

QUITO VILLAGE SHOPPING CENTER

Holland & Knight represented Sand Hill Property Co. in the redevelopment of the Quito Village Shopping Center in Saratoga, California. The property is an 80,000-square-foot shopping center in a primarily residential area, but was only 25 percent occupied. Faced with a challenging development environment, the developer chose to use California Senate Bill 35 (SB 35) to invoke ministerial processing, avoid California Environmental Quality Act (CEQA) review and sidestep a contentious public approval process.

The project will redevelop the shopping center into a mixed-use project with 90 townhomes (for sale and for rent), with 10 percent of the units affordable at the very low income level (less than 50 percent of area median income), and nearly 5,000 square feet of commercial development in a separate commercial component. The project also includes 76,000 square feet of open space, including a private central park, a public pocket park and an open plaza near the commercial building. The project is one of few in the state approved under SB 35 in anti-growth communities.

Despite serious community opposition to the project and threats of litigation, the project was approved based on a nimble approach by the developer and Holland & Knight in dealing with the public and the city in order to thread the needle of SB 35 and other city requirements to meet all applicable standards, as well as deliver a project that pleased the developer and the city.

Images provided by Sand Hill Property Co.

SECURING COUNTY OF FRESNO APPROVAL FOR DEVELOPER’S SINGLE-FAMILY PROJECT

Holland & Knight represented a developer client in convincing County of Fresno officials that the client’s final subdivision map for a single-family residential project of 102 homes, submitted for review in 2018 (originally set to expire in 2002 and extended through 2018), was timely submitted to the county surveyor prior to expiration of the vesting tentative map and therefore had to be processed and approved by the county in 2021. The team successfully established that applicable provisions of the Subdivision Map Act, as well as the client’s vested rights, prohibited the county from requiring that the client go back and reprocess a new tentative map. The county’s position, if maintained, could have effectively resulted in a forfeiture of the entire project notwithstanding that the client had already expended more than $2 million in project processing and offsite infrastructure construction costs.

CREATING CITY OF RICHMOND’S 20-YEAR CAMPUS BAY DEVELOPMENT AGREEMENT

Holland & Knight represented the City of Richmond in the development and adoption of a 20-year development agreement for the Campus Bay Mixed-Use Project, a project that would develop a 320-acre area of Richmond’s shoreline with up to 4,000 housing units, 50,000 square feet of retail, business and service uses, and more than 30 acres of parks and open space, including construction of a trailhead with parking and restroom facilities to serve users of the San Francisco Bay Trail.

The work on this project consisted of drafting and negotiating a development agreement and overseeing environmental review, including CEQA analysis, permits and approvals, as well as remediation/redevelopment concerns. The project is in an area covered by the Richmond Bay Specific Plan (RBSP) and overlays a contaminated area, currently being remediated by prior landowners in conjunction with the California Department of Toxic Substances Control (DTSC). The project adoption was contentious with numerous challengers who questioned remediation and redevelopment and various environmental impacts, including sea level rise and contamination. The project will be a large addition to the Bay Front in Richmond and is considered a move forward in brownfields redevelopment in the city.

SECURING ENTITLEMENT FOR GENENTECH HEADQUARTERS

Holland & Knight represented Genentech Inc. on its entitlement of a campus master plan update authorizing Genentech to expand its 207-acre headquarters from 4.7 million square feet to 9 million square feet of office and research and development (R&D) uses. As approved by the City of South San Francisco, the updated plan enables Genentech to accommodate future life sciences innovation, while implementing creative urban design strategies to influence future development plans.

EXPANSION FOR R&D

To this end, the plan articulates a vision for new growth and development that allows the land use mix within the campus planning area to evolve over time, depending on Genentech’s future operational needs. Befitting the campus’ setting on the San Francisco Bay shoreline, the updated plan fosters infill development within the existing planning area and promotes travel to and from the campus using alternative modes other than single-occupancy vehicles, emphasizing off-site transportation demand management (TDM) strategies, on-site shuttle operations, as well as pedestrian and bicycle mobility and access. In addition to advising Genentech with respect to the environmental review and entitlement of the campus master plan update, Holland & Knight attorneys advised the company on the negotiation and approval of a long-term development agreement that vests Genentech’s right to build out the master plan over a 20-year period.

The development agreement eliminates uncertainty in the planning and development process, ensures progressive installation of necessary improvements and public services appropriate for the campus site, and secures important community benefits to serve all South San Francisco residents by securing: 1) the pre-payment of various city development fees, 2) significant funding for various off-site transportation improvements, 3) the extension of private commuter bus services to the employees of third-party employers doing business in the city’s East of 101 planning area, 4) the long-term implementation of a community grant program to fund community events and programs, 5) the provision of public open space and recreational facilities, and 6) public art funding.

Image provided by Genentech Inc.

ACQUIRING APPROVAL FOR 498-UNIT METRO SANTA

CLARITA PROJECT

Holland & Knight represented NUWI Santa Clarita LLC in an acquisition of approval of the Metro Santa Clarita project – a 498-unit multifamily development that will include a community park. The project’s entitlements included a specific plan, zone change, general plan amendment, tentative tract map and a site plan. Environmental review of the project utilized a Sustainable Communities Environmental Assessment (SCEA), which was the first time the streamlining tool was used by the City of Santa Clarita. Holland & Knight successfully navigated complex environmental challenges, including the project’s partial location within a Significant Ecological Area (SEA), compliance with California Water Code requirements for water supply, U.S. Fish and Wildlife Service (FWS) comments relating to mitigation, and the project site’s adjacency to heavily utilized railroad tracks. The Santa Clarita City Council unanimously approved the project, which will include 179 market-rate apartments, 119 market-rate senior apartments, 50 affordable senior apartments and 150 townhome units.

GAINING APPROVAL FOR CALIFORNIA COASTAL PROPERTIES’ PASSAGE AT SAN MATEO

Holland & Knight attorneys

gaining approval for a mixed-use

one of the “megaprojects” that will transform the Bay Area

City

Passage at San Mateo, to be developed at the 14.5-acre Concar Shopping Center site near the juncture of State Route 92 and Highway 101, was approved by the San Mateo City Council in August 2020. With nearly 1,000 new residential units, the Passage at San Mateo project will provide needed residential units in a transit-oriented development. The plans include 109 affordable units, a mobility hub, a nearly 8,000-square-foot studio and performance space for the Peninsula Ballet Theatre, a 4,600-square-foot child care center, 3 acres of public park space and a food hall. The current retail buildings on the site will be torn down, but a Trader Joe’s and 7-Eleven are slated to be rebuilt and included in the new development.

the

assisted California Coastal Properties in

development in the

of San Mateo. The project has been dubbed as

by

San Francisco Business Times. The

Metro Santa Clarita Project

NAVIGATING

ENVIRONMENTAL

REVIEW OF TRANSIT-ORIENTED RESIDENTIAL TOWER

Holland & Knight navigated the entitlement process for a transit-oriented project within the World Trade Center in downtown Los Angeles. The project consists of a 41-story residential tower with 570 dwelling units and 624,500 square feet of floor area. Holland & Knight spearheaded the environmental review process and navigated through a change in the metric for transportation analysis from level of service to vehicle miles traveled. This project is one of a few in the City of Los Angeles to utilize the streamlining process of a SCEA, only available to high-density residential projects in proximity to high-quality transit.

350 S. Figueroa Street

SECURING RARE PLAN AMENDMENT, ZONE CHANGE FOR 41-STORY, MIXED-USE PROJECT

Holland & Knight represented a developer in entitling a 41-story, mixed-use high-rise involving 440,442 square feet of floor area and the conversion of an existing 19,972-square-foot historic church building into restaurant uses for a total of 36,400 square feet of commercial uses. The project in Los Angeles proposes 367 residential dwelling units, including 11 percent as affordable (very low and extremely low income). The entitlement package included a general plan amendment, zone change, height district change and a main conditional use permit for alcohol service. Environmental review for the project utilized an addendum to a SCEA. This project is one of only a few projects to successfully obtain a zone change/general plan amendment following Los Angeles’ voter-approved Measure JJJ growth-control initiative that created high hurdles to projects requesting a zone change and general plan amendments. This project also involves the modification and expansion of a previously approved high-rise project that Holland & Knight entitled for the developer.

TF Shatto LP

SECURING APPROVAL FOR RENOVATIONS ON HISTORIC BEVERLY HILLS ESTATE

Holland & Knight assisted in the historic designation and rehabilitation of a Beverly Hills estate property designed by Master Architect John Elgin Wolff and notable as the longtime residence of motion picture producer Robert Evans, who was responsible for such films as “The Godfather,” “Chinatown,” “Love Story” and “Rosemary’s Baby.” Project approvals included a historic incentive permit, Central R-1 approvals, and minor modifications of zoning requirements in connection with restoration of the property’s main house and gardens, reconstruction of the site’s famed pool house/screening room that had been lost to a fire in 2003, and construction of new outbuildings and accessory structures. To preserve the property’s historic perimeter wall and entry court, Holland & Knight obtained an amendment to a citywide street dedication requirement waiving the requirement for historic properties.

WINNING APPROVAL FOR GREYSTAR’S MENLO UPTOWN AND MENLO PORTAL PROJECTS

The Menlo Park City Council in September 2021 rejected appeals opposing construction of a 41-story residential tower and approved two separate Greystar projects totaling 881 units. Menlo Uptown consists of 441 apartments and 42 condominiums, as well as an on-site urgent care clinic provided as a community benefit. Menlo Portal includes 335 new apartments, about 34,500 square feet of office space and a 1,600-square-foot child care center or the option to pay an in-lieu community amenity fee.

Appeals were led by the Sequoia Union High School District and City Councilmember Cecilia Taylor, who represents the voting district where the developments are proposed. The city council’s approval ultimately rested upon application of housing laws including the Housing Crisis Act (SB 330), Housing Accountability Act (HAA) and Mitigation Fee Act, among others. These projects were among the first housing projects to be approved since the city adopted the ConnectMenlo Environmental Impact Report (EIR) in 2016, which was later challenged by neighboring East Palo Alto. Holland & Knight attorneys assisted in implementing project-specific CEQA analysis in accordance with the Menlo Park and East Palo Alto Settlement Agreement. Holland & Knight also represents Greystar on dozens of other development projects throughout the Bay Area.

Greystar

OBTAINING WALTER N. MARKS ENTITLEMENT FOR MIRABEL PROJECT IN

LOS ANGELES

Holland & Knight represented Walter N. Marks Inc. in the entitlement process for the Mirabel project in Los Angeles’ Miracle Mile neighborhood. The project comprises 348 residential units (310 marketrate rentals, and 29 units set aside for very low income households under the city’s Density Bonus Program, plus an additional nine units set aside for moderate income households) and is within one block of the Wilshire/La Brea station on the city’s Purple (D Line) subway now under construction. The project will also include approximately 15,000 square feet of ground floor retail and the adaptive reuse and rehabilitation of the Sontag Building, a contributor to the Miracle Mile Historic District. Environmental review of the project utilized a Sustainable Communities Environmental Impact Report (SCEIR), believed to be the first SCEIR processed in California pursuant to the SB 375.

Holland & Knight also deployed SB 330 to successfully avoid further historic designation (which would threaten CEQA compliance) of the Sontag Building. The project is designed by Richard Keating and incorporates innovative and sustainable design features, including breathable window walls unique to high-rise residential projects, and provides a net reduction in vehicle miles traveled (VMT), solutions for “last mile” transit challenges and an innovative and flexible automated parking system. Approvals are expected in 2022, with construction expected to commence in 2023.

Image provided by Walter N. Marks Inc.

LAND USE LITIGATION

In 2021, the West Coast Land Use and Environmental Group further cemented Holland & Knight’s position as one of California’s preeminent land use litigation firms, most prominently winning a published opinion that is now a leading authority on California’s Housing Accountability Act (HAA). The team is a “double threat” on both sides of the courtroom: adept at representing and defending project approvals from attack, as well as going on offense by representing pro-housing plaintiffs suing to secure necessary approvals for much-needed housing. For these reasons, in the U.S. News – Best Lawyers 2022 “Best Law Firms” guide, Holland & Knight was recognized with a metropolitan “first-tier” ranking in San Francisco for land use litigation and environmental litigation to accompany the firm’s national “Law Firm of the Year” designation for Land Use and Zoning Law.

The property owners in Los Altos

USING

LITIGATION

TO SECURE APPROVAL OF HOUSING PROJECT IN LOS ALTOS

Holland & Knight became the first litigation team in the state to secure approval of a housing project through litigation under SB 35 – a new, groundbreaking law that provides fast-tracked, ministerial permitting for qualifying housing and mixed-use developments.

After property owners in Los Altos tried for more than five years to develop a downtown site without success, the Holland & Knight team prepared an application to seek ministerial approval through SB 35 for a 29,566-square-foot, 66-foot-tall, mixed-use project that will include first-floor office space and a mix of marketrate and below-market-rate housing above.

The team also invoked the State Density Bonus Law to seek increased building height in exchange for belowmarket units. Although the project qualified for ministerial approval, the city rejected the application, making litigation necessary.

The Los Altos Superior Court agreed with the Holland & Knight team’s arguments that the city was required to approve the project, and further found that the city’s unlawful decision to disapprove the project violated the HAA. When the city tried to appeal, the Holland & Knight team invoked the HAA’s bond provisions by requiring the city to post a bond to cover the costs that this further delay would have imposed on the developer. In the end, the city abandoned its appeal, approved the project and paid Holland & Knight’s client for the costs of the city’s delay as well as the attorney’s fees that the client expended litigating the case.

WINNING HOUSING LAWSUIT FOR CaRLA AGAINST CITY OF SAN MATEO

Holland & Knight team members won a precedent-setting housing victory with a September 2021 published opinion by the First District Court of Appeal affirming the enforceability and constitutionality of the state’s HAA.

Holland & Knight represented the California Renters Legal Advocacy and Education Fund (CaRLA) in a suit against the City of San Mateo after the city disapproved an apartment building with 10 homes, claiming that the development violated the city’s discretionary design guidelines. The project was previously deemed fully code-compliant by the city’s staff, but neighbors vocally opposed it. The HAA forbids cities from disapproving housing for these kinds of subjective reasons, but when CaRLA sued to enforce the law, a trial court judge deferred to the city and even concluded that the HAA was beyond the constitutional authority of the legislature to enact.

The Holland & Knight team took the case on appeal and won a “clean sweep” reversal with a unanimous ruling that found in favor of housing advocates on all of their statutory arguments and rejected three different constitutional arguments advanced by housing opponents that would have crippled the HAA. The result is a court of appeal opinion that is now the leading published authority on California’s HAA, affirming that that the HAA’s “mandates are to be taken seriously” as “strong medicine” needed to heal a “sick patient” – California’s housing crisis. The opinion makes it clear that cities cannot simply adopt plans for housing – they must also approve the housing for which they have planned – and will be a key to securing housing approvals in the future.

FAST FACTS

POSITION YOURSELF TO THRIVE WITH OUR COMMITMENT TO UNPARALLELED SERVICE

As one of the largest law firms in the United States, Holland & Knight has extensive experience and knowledge in all aspects of land use and environmental law, from acquisitions and project development to environmental audits and compliance assessments. Our real estate attorneys and professionals have a long history and substantial experience with water quality, due diligence, entitlements, brownfields, wetlands, endangered species, historical matters, health and safety, hazardous materials, biotechnology, tribal law, insurance and litigation.

EXPERIENCE THE HOLLAND & KNIGHT DIFFERENCE:

HIGHLY RESPONSIVE

to market changes, creatively adapting as circumstances demand

INNOVATIVE

by offering cutting-edge counsel on evolving issues affecting every aspect of the industry COMPREHENSIVE working relationships with local regulatory and policy authorities throughout the country, including municipalities, as well as the executive and legislative branches

Our group works on local zoning and entitlement approvals, but also has a substantive background in three or more areas of land use and environmental law, including:

• agricultural and conservation easements • air quality • biological and radiological materials

• bond financing

• brownfields redevelopment and water supply

• community facilities financing

• hazardous materials handling

• hazardous waste management

• homeowner association formation/management

• redevelopment and annexation

• sewage and water treatment plants

• special district formation

• state and federal agency advocacy • state and federal legislative advocacy • stormwater • threatened and endangered species • transit and transportation improvements • wetlands

Our West Coast Real Estate, Land Use and Environment Groups provide clients the added benefits of working with a focused practice group, combined with the broader resources of a large multidisciplinary firm.

When you bring your real estate matters to our firm, you access the resources of our land use and environment professionals as well as those in energy-related practice areas.

Our Clients

range from developers and builders to investors and lenders, industry and trade associations, as well as federal, state and local governments

25+ attorneys and land use professionals operate in our four West Coast offices to provide regional insight

Members

of our national practice are involved in related industry groups, including ULI and the National Mortgage Association

IN-DEPTH PRACTICE STRENGTHS

Site assessments, compliance audits and follow-ups are critical to your business. Our compliance know-how is extensive, covering all aspects of environmental and land use matters, including:

FAST FACTS

THE FIRM’S REAL ESTATE PRACTICE IS AT THE FOREFRONT OF:

REAL ESTATE FINANCE

Real estate finance is a core strength of our Real Estate practice, as demonstrated by our significant track record within the national real estate finance space as well as throughout California.

RETAIL

Holland & Knight has one of the strongest retail practices nationwide. As other retail law firms abandon their focus on the retail sector, we are even more committed to it, and continue to organize our retail practice around the needs of clients to fit their business services and structure.

HOSPITALITY

We have a focus on the hotel and hospitality industry, with particular emphasis on hotel and mixed-use communities in California and beyond. We advise hotel owners and developers of mixed-use resort and urban communities domestically and in the emerging markets of Asia, the Middle East and Latin America.

SUSTAINABLE DEVELOPMENT

Holland & Knight was one of the first law firms with attorneys certified as LEED-accredited (Leadership in Energy and Environmental Design). We have attorneys who are certified to advise clients on green building, environmentally sustainable construction and performance issues.

LOW-INCOME HOUSING TAX CREDITS

Since the inception of low-income housing tax credits in 1975, Holland & Knight has represented syndicators, developers, broker-dealers and equity investors in structuring, negotiating and documenting tax-advantaged equity investments in all types of real estate throughout the United States. As a result, we have developed extensive knowledge about low-income housing tax credits, and the tax and business problems that can arise in structuring tax-advantaged transactions.

ADDED-VALUE SERVICES

DUE DILIGENCE

Counseling purchasers, sellers and lenders on evaluating the issues and structuring transactions to minimize risk

ENTITLEMENTS

Guiding clients through the land use approval process with project-level direction

HISTORICAL RESOURCE

Assisting clients with requirements under the National Register of Historic Places and the NHPA

WHAT OTHERS SAY ABOUT OUR FIRM

U.S. News − Best Lawyers guide 2023 national first-tier rankings Land Use & Zoning Law | Real Estate Law | Real Estate Litigation | Energy Law | Environmental Law 2023 metropolitan first-tier rankings in Land Use & Zoning Law Fort Lauderdale | Miami | San Francisco | Washington, D.C. 2023 metropolitan first-tier rankings in Litigation Land Use San Francisco | Washington, D.C.

The Best Lawyers in America guide Attorney recognitions in 2023 guide: Real Estate Law | Land Use & Zoning Law | Environmental Law | Litigation – Land Use & Zoning | Litigation – Environmental

Chambers USA − America’s Leading Business Lawyers guide No. 1 in California for 2018-2022: Real Estate: Land Use & Zoning Attorney recognitions: Real Estate | Land Use & Zoning Law | Environmental Law

WEST COAST REAL ESTATE GROUP OUR TEAM

In June 2022, the lawyers of Pircher, Nichols & Meeks, one of the nation’s premier real estate law firms located in Los Angeles, joined Holland & Knight. With the group’s arrival came Holland & Knight’s opening of a new Century City office, adding to its existing California offices in downtown Los Angeles, San Francisco and Orange County. The additional capabilities enable Holland & Knight, which, prior to the acquisition had one of the largest and pre-eminent real estate practices in the U.S., to further strengthen its capabilities in complex real estate transactions and dedicate more resources to its real estate clients while continuing to expand its presence in California

CENTURY CITY

Alexis R. Alonzo Partner 310.201.8908 alexis.alonzo@hklaw.com

Bill Jackson Partner 310.201.8965 william.jackson@hklaw.com

Stevens A. Carey Partner 310.201.8904 steve.carey@hklaw.com

John H. Irons Partner 310.201.8937 john.irons@hklaw.com

Karl J. Lott Partner 310.201.8907 karl.lott@hklaw.com

Douglas A. Praw Partner 213.896.2588 doug.praw@hklaw.com

Ariel B. Robinson Partner 310.201.8986 ariel.robinson@hklaw.com

David L. Packer Partner 310.201.8973 david.packer@hklaw.com

Michael E. Scheinberg Partner 310.201.8952 michael.scheinberg@hklaw.com

Eric B. Shortz Partner 310.201.8978 eric.shortz@hklaw.com

Jennifer A. White Partner 310.201.8947 jennifer.a.white@hklaw.com

Kathleen M. Hogaboom Of Counsel 310.201.8945 kathleen.hogaboom@hklaw.com

Stephanie C. Silvers Of Counsel 310.201.8924 stephanie.silvers@hklaw.com

Angela D. Koerber Of Counsel 310.201.8982 angela.koerber@hklaw.com

John R. Cauble Jr. Of Counsel 310.201.8930 john.cauble@hklaw.com

Richard H. MacCracken Of Counsel 310.201.8997 richard.maccracken@hklaw.com

Anna S. Ayar Associate 310.201.8939 anna.ayar@hklaw.com

Benjamin Bottehsazan Associate 310.201.8958 benjamin.bottehsazan@hklaw.com

CENTURY CITY

Doug Merkel Associate 310.201.8948 doug.merkel@hklaw.com

LOS ANGELES

Susan J. Booth Partner 213.896.2540 susan.booth@hklaw.com

Samara Harris Law Clerk 213.896.2574 samara.harris@hklaw.com

PORTLAND

George J. Gregores Partner 503.243.5879 george.gregores@hklaw.com

SAN FRANCISCO

Stacie Goeddel Partner 415.743.6902 stacie.goeddel@hklaw.com

Jennifer Jones Paralegal 310.201.8966 jennifer.jones@hklaw.com

DENVER

Ned Joseph Nakles Associate 303.974.6547 ned.nakles@hklaw.com

Justin C. Adofina Associate 213.896.2526 justin.adofina@hklaw.com

Charlotte Floyd Associate 213.896.2545 charlotte.floyd@hklaw.com

Emma Hsu

Paralegal Assistant 213.896.2511 emma.hsu@hklaw.com

Chris Gregores Associate 503.243.5886 chris.gregores@hklaw.com

Avery Connor Rux Associate 503.517.2941 avery.rux@hklaw.com

Robert M. Haight Jr. Partner 415.743.6929 robert.haight@hklaw.com

Leizl Hinajon Associate 415.743.6952 leizl.hinajon@hklaw.com

Katelyn Madar Associate 415.743.6922 katelyn.madar@hklaw.com

Rebecca M. Freed Associate 415.743.6974 rebecca.freed@hklaw.com

WEST COAST LAND USE AND ENVIRONMENTAL GROUP OUR TEAM

CENTURY CITY

Andrew J. Starrels Partner 310.201.8906 andrew.starrels@hklaw.com

LOS ANGELES

Ryan Michael Leaderman Partner 213.896.2405 ryan.leaderman@hklaw.com

ORANGE COUNTY

Kevin J. Ashe Associate 415.743.6972 kevin.ashe@hklaw.com

SAN FRANCISCO

Bradley B. Brownlow Partner 415.743.6975 bradley.brownlow@hklaw.com

Melanie Chaewsky Associate

213.896.2575 melanie.chaewsky@hklaw.com

David Friedman Consulting Counsel 213.896.2431 david.friedman@hklaw.com

Paloma Perez-McEvoy Associate 213.896.2564 paloma.perez-mcevoy@hklaw.com

Brian C. Bunger Partner 415.743.6923 brian.bunger@hklaw.com

Jennifer L. Hernandez Partner 415.743.6927 jennifer.hernandez@hklaw.com

Michael B. Newman Partner

415.743.6989 michael.newman@hklaw.com

Chelsea Maclean Partner 415.743.6979 chelsea.maclean@hklaw.com

Daniel R. Golub Partner 415.743.6976 daniel.golub@hklaw.com

Letitia D. Moore Partner 415.743.6948 letitia.moore@hklaw.com

Tamsen Plume Partner 415.743.6941 tamsen.plume@hklaw.com

David L. Preiss Partner 415.743.6914 david.preiss@hklaw.com

SAN FRANCISCO

Marne S. Sussman Partner

415.743.6987 marne.sussman@hklaw.com

Norman Carlin

Of Counsel

415.743.6954 norman.carlin@hklaw.com

Nicholas Targ Partner 415.743.6926 nicholas.targ@hklaw.com

Jessica Laughlin

Senior Counsel

415.743.6995 jessica.laughlin@hklaw.com

Nathaniel R.F. Bernstein Associate 415.743.6933 nathaniel.bernstein@hklaw.com

Emily Martinez Lieban Associate 415.743.6946 emily.lieban@hklaw.com

Emily Warfield Associate 415.743.6912 emily.warfield@hklaw.com

Scott Levin Gesundheit Law Clerk 415.743.6917 scott.gesundheit@hklaw.com

Ruthe D. Canter Paralegal 415.743.6988 ruthe.canter@hklaw.com

Deborah Brundy Associate 415.743.6983 deborah.brundy@hklaw.com

Genna Yarkin Associate 415.743.6990 genna.yarkin@hklaw.com