B. Joseph Krabacher
B. Joseph Krabacher

Member

Phone: 970.300.0123

Fax: 970.925.1181

jkrabacher@shermanhoward.com

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Legal Secretary

Cheryl Heiberger
970.300.0117

Areas of Emphasis

Real Estate

Business and Corporate

Tax

Education

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

Joe Krabacher represents sophisticated clients who demand experienced attorneys and an understanding of individual client needs and who keep practical business concerns in mind.  Joe handles all aspects of resort, residential and commercial real estate including obtaining, challenging and defending development and land use approvals, multi-million dollar equity syndications in joint ventures and LLCs, equity and debt financing, tax structuring, and construction.

Joe also has degrees in accounting and finance, and more than 39 years of experience representing private companies with respect to a variety of corporate, securities, financing and tax matters. He has represented issuers in private placements of debt securities and also advises clients with respect to mergers, acquisitions, dispositions, joint ventures, business restructurings, and venture capital transactions. In addition, Joe counsels clients regarding 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. He is co-founder with his wife of HaitiChildren.org fka Mercy & Sharing, a charity operating orphanages, schools and feeding programs in Haiti for 25 years.

Representative Matters
  • Represented manufacturer/international distributor of skin care 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 acquisition, site development, and sale of largest single family residential site in history of Aspen, Colorado ($21,000,000), 2019.
  • Represented seller in acquisition, development, and sale of “Millionaire Miners Cabins” in Aspen CO that were the subject of November 2, 2018 Wall Street Journal feature story ($18,500,000), 2018.
  • Represented lender in $4,700,000 credit facility for ski wear apparel manufacturer, 2018.
  • Represented owner in $43,000,000 refinance of two hotels in Snowmass Village, CO, 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 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 joint venture for development of 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
  • Represented developer in 46-unit Section 8 housing project in Basalt, Colorado, 2018
  • Represented developer in approvals for 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 subdivision, 2018
  • Represented seller in sale of hotel development site in Georgia, 2018
  • Represented buyer in 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
  • Structuring of numerous multi-million dollar in-bound foreign real estate acquisitions, including offshore holding company ownership entities, 2017
  • Numerous residential resort acquisitions ranging from $5,000,000 to $22,000,000 in Aspen Colorado, 2017
  • Hotel branding and licensing agreements with national brand projects in Colorado, Georgia, California and New York, 2017
  • Representation of Aspen Board of REALTORS© on real estate brokerage regulatory, licensing, and related matters, 2017
  • Represented buyer in 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
  • Sale of single tenant West Elm retail commercial project 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 out-bound investments in Argentina and Uruguay, 2016
  • 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
  • Numerous foreign real estate sales by US investors in Nicaragua, New Zealand, Argentina and Uruguay, 2015
  • Acquisition, equity syndication and redevelopment of hotel on Shelter Island, New York, 2014

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)
Professional Activities
  • Admitted Colorado, 1980
  • Admitted to practice before the United States District Court, District of Colorado and the United States Tax Court
  • Co-Founder, The Mercy and Sharing Foundation, a 501(c)(3) focused on the children of Haiti
  • Member, Pitkin County Planning and Zoning Commission, 2001-2012; 2014-present
    • Chair, 2009-2012
    • Vice-Chair, 2007-2009
  • Member, Pitkin County Board of Adjustment, 2000-2001
  • Member, City of Aspen Historic Preservation Commission, 1988-1995
    • Chair, 1994-1995
    • Vice-Chair, 1990-1994
  • Co-Chair, Aspen Area Community Plan, 2009-2012
Honors and Awards
  • Super Lawyer
    Super Lawyers
    2007-2012, 2015-2019
  • Martindale-Hubbell AV Rated Preeminent
  • NITA Advocate designation by the National Institute for Trial Advocacy
Publications and Presentations

Recent Videos/Podcasts

Recent Publications

  • 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

 

Recent Presentations

  • 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