Charles E. Baverman III

Experience

Represented a Consumer Products Company in the Sale of 121 Acres

We represented a large consumer products company in the sale and leaseback of approximately 121 acres of real estate in the greater Cincinnati area. This included the preparation and negotiation of a complex separation plan and agreement involving various shared utilities and facilities.

Real Estate Leasing, Purchase, Sale and Development

Represented Fortune 100 company in various real estate matters, including the leasing, purchase, sale and development of its North American properties.

Represented the Design Builder of a Medical Office Clinic

Served as project counsel to a design-builder for the development of a medical office clinic location for The Mayfield Clinic in Green Township, Ohio.  Representation included performing due diligence activities, evaluating and resolving title issues, obtaining title insurance through Mercantile Title Agency (Dinsmore’s wholly owned title agency), structuring and closing on the property acquisition, negotiating cross access and utility easement agreements, negotiating a build to suit lease agreement, negotiating construction financing and obtaining governmental approvals.

Industrial Leasing

Represented Fortune 100 company in the site selection, due diligence and leasing of a 175,000 square foot regional manufacturing, warehouse and distribution center.

Commercial Real Estate Office Leasing

Representation of a Fortune 500 insurance company in its North American office leasing matters. Representative transactions range from single office suites to build-to-suit, 100,000+ square foot regional office headquarters locations.

The Banks Project

Served as owner’s counsel to Nicol Investment Company on The Banks project on the downtown Cincinnati riverfront. Representation involves leasing and development matters with national and regional tenants, including first-to-market occupants, as well as the completion of one of the first vertical subdivisions in Hamilton County, Ohio, which distinguished as separate tax parcels the upper floor luxury apartments from the street level retail businesses.

Leasing and Sale of Retail Shopping Center

Represented the owners of Tri-County Towne Center in the lease out and sale of the 200,000+ square foot, $24.3 million retail shopping center. Representation included the drafting and negotiation of reciprocal easement agreements involving access, parking and utilities rights, maintenance obligations and building limitations between the shopping center and separately-owned outparcels.

Expansion and Development of Local Brewery

Served as project counsel to MadTree Brewing, LLC for the development of an $18 million production brewery, tap room and event center that will allow for the expansion of its annual brewing capacity from 25,000 barrels to 180,000 barrels. Representation included coordinating due diligence, closing on property acquisition and negotiating development agreements.

Development of Non-Profit Community Health Center

Served as project counsel to a non-profit health care provider for the development of its new $5.25 million community health center located in the West End of Cincinnati. Representation included securing federal grants and community development financing to facilitate the project, site selection services to ensure compliance with federal grant requirements, coordinating due diligence, title services to clear over $150,000 in liens from the property, negotiation with the City of Cincinnati to obtain a release of over $250,000 in additional liens burdening the property, structuring and closing on property acquisitions, negotiating construction contracts, obtaining governmental approvals, leasing out portions of the completed facility in accordance with Stark Law and HIPAA requirements and obtaining real estate tax exemption for the completed project.

Development of Medical Office Clinic

Served as project counsel to a design builder for the development of a medical office clinic location for a national dialysis services provider. Representation included structuring and closing on property acquisition, coordinating due diligence, negotiating development and construction agreements, obtaining governmental approvals and leasing out the completed facility in accordance with Stark Law and HIPAA requirements. Also negotiated and closed on a sale of the project following the completion of construction and lease commencement.

Development of Medical Office Clinic

Served as project counsel to a group of physicians for the development of medical office clinic locations for a national dialysis services provider. Representation included structuring and closing on property acquisitions, coordinating due diligence, negotiating development and construction agreements, obtaining governmental approvals and leasing out the completed facility in accordance with Stark Law and HIPAA requirements.

Development of New LaRosa’s Restaurant

Served as project counsel for the development of a new freestanding LaRosa’s restaurant in Cold Spring, Kentucky. Representation included coordinating due diligence, closing on property acquisition and negotiating easement and development agreements.

Real Estate Tax Valuation Reduction

Represented the client in the filing of a Board of Revision complaint to contest the Hamilton County Auditor’s valuation of commercial real estate property and in a hearing held by the Board of Revision regarding such complaint; achieved a 92% reduction in the taxable value of the property.

Real Estate Tax Valuation Reduction

Represented the client in the filing of a Board of Revision complaint to contest the Preble County Auditor’s valuation of commercial real estate property originally valued at over $8 million and in a hearing held by the Board of Revision regarding such complaint; achieved a 73% reduction in the taxable value of the property.

Represented Design-builder in Construction of $200 Million Mixed Use Development

We represented a design-builder in negotiating and drafting construction and construction-related contracts for a new $200 million mixed use development in the City of Norwood that includes a parking garage, hotel, theater, and retail shops. The contracts were modified to include new construction reform provisions, which were being implemented during the negotiations phase.

Prepared construction contracts for a major national facilities expansion for a NYSE-traded company

Our client, a national retail services company, undertook a major national facilities expansion. Mr. Hahn prepared the construction contracts for the design professional and contractor, and tailored them to work for a national rollout of each retail location.

Acquisition of 400,000 Square Foot Lifestyle Center in South Florida

A nationally recognized lifestyle developer turned to Dinsmore when it sought to purchase a 400,000-square foot lifestyle center in South Florida near the I-75 corridor just southwest of Fort Lauderdale. An affiliate of Duke Realty was seeking to divest itself of retail holdings as part of its asset allocation strategy. Serving as buyer’s counsel, we first structured a joint venture on behalf of our long-time client, Jeffrey R. Anderson Real Estate, which together with a Heitman real estate entity, served as the buyer of the center, known as the Shops at Pembroke Gardens. Next, on behalf of the joint venture purchaser, we handled the real estate components including managing the due diligence and the closing of the transaction, as well as negotiating and drafting the purchase contract, various ECR and escrow agreements. Years earlier, Dinsmore had been responsible for the initial lease-up of the center and successfully negotiated leases with a variety of desirable lifestyle tenants, such as Sur La Table, White House/Black Market, Ann Taylor, Talbots, bebe, Z Gallerie, Chicos, BCBG, Barnes & Noble, Sephora, DSW, Victoria’s Secret, and Brio and Brimstone restaurants. Our extensive experience in serving as project counsel for lifestyle and shopping center projects throughout the country ensured that the buyer was able to proceed in an efficient and timely manner, thereby ensuring the achievement of its transactional objectives.