B. Joseph Krabacher

Member

Aspen, Colorado

Phone: 970.300.0123

Fax: 970.925.1181

jkrabacher@shermanhoward.com

Education

  • Juris Doctor, University of Miami School of Law, 1979
    • magna cum laude
    • Articles and Comment Editor, University of Miami Law Review
    • Class Valedictorian – Graduated 1st in Class
  • Bachelor of Business Administration, University of Iowa, 1976
    • magna cum laude

Joseph "Joe" Krabacher represents sophisticated clients, providing exceptional counsel that is based on a clear understanding of their needs and business concerns.

Joe advises and assists clients regarding all aspects of resort, residential, and commercial real estate including obtaining, challenging, and defending development and land use approvals, multimillion-dollar equity syndications in joint ventures and LLCs, equity and debt financing, tax structuring, and construction.

Joe has cofounded, owned, and operated several successful private companies, including a telecommunications business, a residential and multifamily construction company, and green-tech manufacturing venture. This background provides him with a unique, well-rounded perspective and practical, firsthand experience in handling the types of issues his clients face. Further, with degrees in accounting and finance, and nearly 40 years of experience representing private companies on corporate, securities, financing and tax matters, Joe offers uncommon insight and the ability to analyze and structure multifaceted deals that meet both business and financial objectives while keeping costs to a minimum.

His experience also includes representing issuers in private placements of debt securities and guiding clients through mergers, acquisitions, dispositions, joint ventures, business restructurings, venture capital transactions, and corporate and nonprofit governance matters.

A graduate of the University of Miami School of Law he was Class Valedictorian and Editor of the Law Review. He has published numerous articles on real estate, tax, and securities law, and is a frequent lecturer. Joe is co-founder with his wife of HaitiChildren.org, formerly known as Mercy & Sharing, a charity operating orphanages, schools, and feeding programs in Haiti for 25 years.

Experience

  • Represented purchaser in ultra-luxury residential acquisition in Pitkin County CO ($21,500,000), 2020.
  • Represented issuer in formation and private placement for equity/hedge fund focused on options and derivatives trading strategies, 2020.
  • Represented purchaser in ultra-luxury penthouse acquisition in Aspen, Colorado ($11,234,000), 2020.
  • Represented purchaser in ultra-luxury residential acquisition in Pitkin County CO ($22,700,000), 2019.
  • Represented issuer in equity private placement for electronic-sports, 2020.
  • Represented manufacturer/international distributor of skincare products in asset sale to foreign-controlled distributor ($20,000,000), 2019.
  • Represented purchaser in acquisition of Burger King single-tenant facility in Montana, 2019.
  • Represented seller in the acquisition, site development, and sale of two large single-family residential sites in the history of Aspen, Colorado ($21,000,000 and $24,200,000), 2019.
  • Represented seller in acquisition, development, and sale of “Millionaire Miners Cabins” in Aspen, Colorado that was the subject of November 2, 2018, Wall Street Journal feature story ($18,500,000), 2018-2020.
  • Represented lender in a $4,700,000 credit facility for ski wear apparel manufacturer, 2018.
  • Represented owner in $43,000,000 refinance of two hotels in Snowmass Village, Colorado, 2018.
  • Represented manufacturer of water reduction valve in patent licensing and distribution agreements, 2018.
  • Represented developer in 140-unit single-family and multi-family development in Basalt, Colorado, 2018.
  • Represented developer in land use approvals and acquisition of development site for a 102-key hotel in Georgia, 2017.
  • Acquisition, financing, construction, and sales/leasing of mixed-use retail/commercial/residential project in downtown Aspen, Colorado ($26,000,000), 2018.
  • Represented buyer in gas station/convenience store acquisition in Woody Creek, Colorado, 2017.
  • Represented buyer in acquisition 500+ acre ranch near Steamboat Springs, Colorado, 2017.
  • Represented hotel brand in a joint venture for the development of a 104-key hotel in Miami, Florida, 2017.
  • Represented buyers, sellers, and lenders in various aircraft transactions including Gulfstream G450 purchase, Gulfstream G200 sale, financing of high-altitude helicopters, and structured management and pilot agreements for various single-engine and multi-engine aircraft, 2017-2020.
  • Represented developer in 46-unit Section 8 housing project in Basalt, Colorado, 2018.
  • Represented developer in approvals for a 24-unit multi-family affordable housing project in Aspen, Colorado, 2018.
  • Represented 64-lot owners association in adoption and implementation of novel tree height restrictions throughout the subdivision, 2018.
  • Represented seller in the sale of a hotel development site in Georgia, 2018.
  • Represented buyer in the acquisition of 280+ acre ranch in Delta, Colorado, 2018.
  • Represented buyers of multi-million dollar operating assets of two specialty subcontracting businesses, 2017.
  • Representation of general contractors, owners, and architects in construction project documentation for commercial, residential, and mixed-use construction projects, 2017.
  • Hotel branding and licensing agreements with national brand projects in Colorado, Georgia, California, and New York, 2017-2019.
  • Representation of Aspen Board of REALTORS© on real estate brokerage regulatory, licensing, and related matters, 2017-2020.
  • Represented buyer in the acquisition of 21,793-acre ranch in Moffat County, Colorado, 2017.
  • Joint venture for acquisition and redevelopment of residential, hotel, and retail mixed-use project, Oakland, California, 2017-2019.
  • Sale of single-tenant West Elm retail commercial project in Savannah, Georgia, 2017.
  • Acquisition, debt financing, and equity syndication for branded hotel Albuquerque, New Mexico $12,000,000, 2017.
  • Represented lender in $42,750,000 acquisition and construction loan for Denver, Colorado mixed-use project, 2017.
  • Acquisition, condominiumization, and sales of Colorado affordable housing project and transferable development rights, 2016.
  • Sale of mixed-use resort project including hotel site, developer inventory, and land use entitlements for $55,000,000, 2016.
  • Water and sewer infrastructure entitlements, easements, and adjoiner agreements for 2,000,000 sf development project, 2016.
  • Condominiumization and sales/leasing of residential, retail, and commercial units in mixed-use building, 2016.
  • Asset acquisition by national real estate brokerage firm of local real estate broker in New York and Colorado, 2016.
  • Structuring and syndication of private equity funds for development projects in New York, Georgia, California, and Maryland, 2016.
  • In-bound investments from Australia, Singapore, New Zealand, and outbound investments in Argentina and Uruguay, 2016-2019.
  • Land use entitlements for approximately 1 million sf mixed-use resort development including 100+ room hotel, two fractional-ownership buildings, and assorted retail, F&B, and commercial, 2016.
  • Acquisition of mortgage servicing rights to $180 million portfolio of FNMA/FHLMC conventional loans, 2015.
  • Acquisition, structuring of equity and debt, and construction of 17-unit and 41-unit residential condominium projects in Scottsdale, Arizona, 2015.
  • Sale of western Colorado working ranch with cattle operations (16,000+ acres) including BLM and State land leases, 2015.

 

REPORTED CASES

  • Colarelli Construction Inc. v. Quinn, 17 CA 063 (Colo.App 2018), 2018
  • Kaufman v. Solaris Property Owner LLC, 11CA 0244 (Colo. App. 2012)
  • Westpac Aspen Investments, LLC v. Residences at Little Nell Development LLC, 10 CA 0363 (Colo. App. 2011)
  • Peters v. Smuggler-Durant Mining Corp., 910 P.2D 34 (Colo. App. 1995)
  • Bert Bidwell Investment Corp. v LaSalle and Schiffer, 797 P.2d 811 (Colo. App. 1990)
  • Mountain Queen Condominium Association, Inc. v. Haan, 753 P.2d 1234 (Colo. App. 1988)
  • Maddalone v. C.D.C., Inc., 765 P.2d 1047 (Colo. App. 1988)
  • Pardee v. Mostow, 757 P.2d 1148 (Colo. App. 1988)
  • Trueman Aspen Company v. North Mill Investment Corporation, 728 P.2d 343 (Colo. App. 1986)
  • Wooldridge Homes, Inc. v. Bronze Tree, Inc., 558 F.Supp. 1085, Fed.Sec.L.Rep. P 99,167 (1983)

Publications & Presentations

PRESS

 

PUBLICATIONS

  • Colorado Eviction Moratorium and Commercial Real Estate
    Sherman & Howard Real Estate Advisory | May 7, 2020
  • Real Estate Loan Drafting Guidance: Colorado
    Co-Author | December 2018
  • Confusion in the Crosswalk: the Difficult Intersection of Mechanics Lien Law and Foreclosures in Real Estate Construction Projects
    CBA Real Estate Council Newsletter | Spring 2012
  • Agricultural land classification Anti-Abuse Provisions Target “Gentlemen'” Farm and Ranch Tax Breaks
    CBA Real Estate Council Newsletter | Fall/Winter 2011
  • Colorado Supreme Court Upholds Indemnification of Landlord by Tenant for Failure of Landlord to Maintain Shopping Center Parking Lot
    CBA Real Estate Council Newsletter | Spring 2011
  • Construction Disburser Notices: Tools for Troubled Times
    CBA Real Estate Council Newsletter | Spring 2010
  • Installment Land Contracts: A Potential Trap for the Unwary
    CBA Real Estate Council Newsletter | Fall 2010
  • Tenancy-in-Common: Financing and Legal Issues
    33 Colorado Lawyer 89 | 2004
  • Foreign Investment in U.S. Real Estate
    22 Colorado Lawyer 1471 | 1993
  • Promissory Notes as Securities
    19 Colorado Lawyer 1585 | 1990
  • Peculiarities of Resort Real Estate
    19 Colorado Lawyer 2449 | 1990

 

PRESENTATIONS

  • Mechanics Liens
    Annual Colorado Construction Seminar | March 2020
  • Designer Liability for Construction Defects
    Sherman & Howard Construction Seminar | February 2018
  • Guide to Condo Conversions For Contractors & Developers
    Sherman & Howard Annual Colorado Construction Seminar | February 2015
  • Tax Planning for Real Estate Lawyers 26th Annual Real Estate Symposium
    CLE in Colorado, Inc. | 2008
  • Multi-Disciplinary Practice of Law
    18th Annual Real Estate Symposium, CLE in Colorado, Inc. | 2000
  • First World Summit on Financing for Satellite Communications and Broadcasting
    Euroconsult and Chase Manhattan Bank, Paris, France | 1997
  • Legislative Update: 12th Annual Real Estate Symposium
    CLE in Colorado, Inc. | 1994
  • Residential Real Estate Contracts: CLE Summer School
    CLE in Colorado, Inc. | 1994
  • 1994 Legislative Update
    Colorado Bar Association Annual Convention | 1994
  • 1993 Legislative Update, 11th Annual Real Estate Symposium
    CLE in Colorado, Inc. | 1993
  • Real Property Practice Refresher
    CLE in Colorado, Inc. | 1993
  • Program Chair and Moderator, Foreign Investment in U.S. Real Estate
    CLE in Colorado, Inc. | 1993
  • Affordable Employee Housing
    Colorado Bar Association Annual Convention | 1992
  • Program Chair and Lecturer: Resort Real Estate
    CLE in Colorado, Inc. | 1990

Professional Activities

CIVIC ACTIVITIES

  • Co-Founder, The Mercy and Sharing Foundation, a 501(c)(3) focused on the children of Haiti
  • Former Chair and Vice Chair, Pitkin County Planning and Zoning Commission
  • Former Co-Chair, Aspen Area Community Plan
  • Former Member, Pitkin County Board of Adjustment
  • Former Chair and Vice Chair, City of Aspen Historic Preservation Commission

Highlights

  • Super Lawyers, Real Estate (2007-2012, 2015-2020)
  • Martindale-Hubbell, “AV Preeminent”
  • National Institute for Trial Advocacy, “NITA Advocate”