Commercial & Resort Real Estate

Sherman & Howard’s real estate attorneys represent clients engaged in every facet of the real estate business, including developers, lenders, investors, brokers and others who buy, sell, develop, operate, finance and lease property of every kind, including: urban brownfields; high-rise office buildings; mountain resorts; retail centers; single- and multi-family residential communities; hospitals and medical office buildings; corporate and industrial campuses; restaurants; theaters; and special use facilities. We have expertise in the development of mixed-use project, luxury resorts and corporate, industrial and medical campus facilities. We have significant experience in the redevelopment of urban renewal areas, former federal enclaves and military bases. We have handled projects through their entire life-cycles, from entitlements through construction contracts and financing, establishment of condominiums and planned communities and registration under state and federal law, to the sale and leasing of completed projects. Our experience representing buyers and sellers, lenders and borrowers, and landlords and tenants has given us a broad and practical perspective of the issues involved in real estate transactions.

Commercial and Resort Real Estate Services


Sherman & Howard’s real estate attorneys represent owners and operators of manufacturing and warehouse facilities in the acquisition, financing, development and sale of such facilities. Such projects include the acquisition of parcels in an 800 acre integrated industrial campus requiring the negotiation of numerous easements, utility service agreements and railroad agreements. Our attorneys have also represented clients in the acquisition and development of warehouse, self-storage and distribution facilities, the sale of an industrial building used for printed circuit board manufacturing operations, a $366 million loan for the acquisition of an undivided interest in electric generating facility, and receiverships for cold storage warehouses and hydroponic greenhouses.

+Homebuilding/Master Planned Communities

Sherman & Howard’s real estate attorneys represent homebuilders and developers of mixed-use master planned communities of all types and sizes including those requiring assemblage of thousands of acres of land, the acquisition of an in-fill parcel, or the construction and sale of single family residences on finished lots. Such projects have included the representation of a national homebuilder in a 3,000 acre, $200,000,000, land assemblage for mixed use master planned community, including acquisition documents, landbank transactions, municipal development agreements, and the sale of superpads to homebuilders and commercial developers. In connection with these types of developments our attorneys have drafted declarations of covenants, negotiated and prepared multi-phase land development agreements, advised developers regarding Interstate Land Sales Full Disclosure Act exemptions and registration requirements and prepared registrations of resort developments with the Department of Housing and Urban Development. We have also prepared subdivision improvements and other public infrastructure improvements agreements and public finance agreements, such as tax rebate agreements and urban renewal agreements for tax increment financings.


Sherman & Howard’s real estate attorneys advise hospitals, medical office building developers, assisted living facilities and medical partnerships regarding real estate matters. We have assisted with the acquisition of land for a new regional hospital, the acquisition, covenants and general contract for $300 million hospital campus and the acquisition of a $15 million assemblage for a medical office building campus. Our lawyers negotiated on behalf of a local hospital with respect to a $107,000,000 financing involving construction of hospital office building and related ground lease, sublease and bond financing. We also have represented clients in the negotiation of ground leases for medical office buildings from 45,000 to 250,000 square feet and of leases for assisted living facilities and medical practices as well as in connection with receiverships for such facilities and practices.


Sherman & Howard’s real estate attorneys represent developers and operators of lodging, hospitality and conference facilities. In such capacity we have assisted with land use matters and zoning entitlements for a $50,000,000 redevelopment of two hotels in a western Colorado ski resort, a $42,000,000 equity financing, acquisition and development of 400+ room hotel/lodge and conference center in major ski resort, and the acquisition, financing, development, and sale of $200,000,000 hotel project.

+Mixed-Use and Transit Oriented Development

Sherman & Howard’s real estate attorneys have advised clients in the planning and development of large, complex, mixed-use projects in Denver and the urban cores of other US cities, as well as in luxury resorts such as Tahoe, Vail, and Beaver Creek. The total investment for many of these projects is well over $100M each and ranges as high as $700M. These projects include varying combinations of residential, retail, office, entertainment, cultural, transportation and public amenity uses and have required the negotiation of subdivision improvements and other public infrastructure improvements agreements and public finance agreements, such as tax rebate agreements and urban renewal agreements, for tax increment financings.

+Multifamily Apartments and Condominiums

Sherman & Howard’s real estate attorneys have advised clients regarding the development and operations of a significant number of multifamily apartment projects in Colorado and elsewhere in the US. We have also assisted clients with the development and documentation of some of the largest and most complex planned community and condominium projects in Colorado. Most of these projects contain a mix of uses, including varying combinations of for-sale and for-rent residential, retail, office, hospitality, cultural, recreational and resort facilities. Such projects include a 370-unit luxury apartment complex in Englewood, mountain resort duplex lots and townhome projects as well as high end condominium developments in various mountain resort towns and transit-oriented, in-fill and other urban and suburban developments.


Sherman & Howard’s real estate attorneys represent developers of single- and multiple-tenant office buildings in urban and suburban locations, including office components of mixed-use projects. Such projects include a $150 million multiple ownership office tower and structured parking and acquisitions, development, sales and financings of a $150,000,000 corporate campus facility with multiple office and service buildings. We also assist landlords with the leasing of office space in downtown high-rise, suburban high-rise, and suburban low-rise office buildings – from tenants who occupy a few thousand square feet to tenants who occupy multiple floors of high-rise office towers.

+Resort Real Estate

Sherman & Howard’s real estate attorneys address the key business, real estate and other issues related to the development, financing, marketing, operation, management and ownership of major resort properties including ski areas, villages, golf resorts and conference centers. Such projects include $520,000,000 senior and mezzanine construction financing for a major ski resort; $370,000,000 construction financing for a residential, retail and ski village in Truckee, California; $118,000,000 construction financing of hotel, condominium and fractional ownership project in Avon; $100,000 million sale of a ski area hotel, conference center, golf course, lodge, and associated single-family lots; and a $60,000,000 Beaver Creek Resort hotel condominium renovation and expansion. We have also represented receivers for a trout club and for a casino.


Sherman & Howard’s real estate attorneys assist clients with the development and lease-up of retail projects and retail components of mixed-use projects. We advise landlords and tenants on leasing (including build-to-suit leases) complex tenant finish agreements, exclusive use and radius clause provisions, guaranties and lease remedies. Such work includes representing an Arizona-based major grocery store chain in purchasing, selling, leasing, development and property management matters and an expanding regional grocer with store acquisitions from independent grocers, including inventory, equipment, and store leases. We provided advice in connection with the acquisition of $3.3 million restaurant ground lease site and the retail leasing program for a mixed use development in the Platte Valley. Our attorneys have also engaged in the long term representation (over 10 years) of a single tenant client opening and operating numerous commercial retail buildings and premises in several states.