Financing & Economic Incentives

Experience

Development of Residential Subdivisions

Client: Sunesis Construction Co.

We serve as development counsel for Sunesis Construction Co. and its affiliate entities in the creation of new residential subdivision developments throughout the Cincinnati area. These developments include single family detached homes, townhomes, and multifamily components and frequently require the establishment of multi-neighborhood homeowners associations to govern dealings between the respective components as well as their residents. Representation includes performing due diligence activities including zoning analysis, facilitating the procurement of governmental economic incentives, evaluating and resolving title issues, obtaining title insurance through Mercantile Title Agency (Dinsmore’s wholly owned title agency), structuring and closing on property acquisitions to create assemblage parcels, establishing a homeowners association, and negotiating easement rights, municipal funding agreements, joint venture agreements, construction loan documents and lot sale agreements. 

National Development Counsel for Senior Living Developer / Operator

Client: Cameron General Contractors and Resort Lifestyle Communities

We serve as national development counsel for Cameron General Contractors and Resort Lifestyle Communities, which are affiliated entities currently among the most active developer/operators of senior living retirement communities in the United States. To date, we have handled the acquisition and development of more than 20 such retirement communities in a variety of locations from the east coast to the Pacific Northwest, as well as numerous places in between.  Our work encompasses all phases of the ground-up development process, including site selection, due diligence, land acquisition, securing zoning and other governmental approvals, obtaining governmental incentives, negotiating municipal and private development and cost-sharing agreements and obtaining both construction and permanent financing. 

Governmental Incentives

Dinsmore and Shohl represented national healthcare provider in obtaining Ohio tax credits to develop client’s facility for diagnostic healthcare services

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.

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.

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.

Government Incentives

Dinsmore & Shohl represented a multi-state developer with respect to Tax Increment Funding ("TIF") eligibility for funding a public parking garage

Governmental Incentives

Dinsmore & Shohl represented a national pharmaceutical company in obtaining a grant from the State of Ohio to increase production capabilities relating to the pharmaceutical industry.  We also represented this client in obtaining a grant from the State of Ohio for technology research and product innovation relating to the pharmaceutical industry.

Governmental Incentives

Represented regional health care insurer in handling tax abatements for development of client’s corporate headquarters.

Governmental Incentives

Represented telecommunications service provider in handling tax abatements for real and personal property for development of client’s regional office

Leasing and Financing for Shopping Center

Dinsmore & Shohl represented Jeffrey R. Anderson Real Estate, Inc. with respect to the development, leasing and financing of Deerfield Towne Center Shopping Center in Warren County, Ohio.

Leasing and Financing for Shopping Center

Dinsmore & Shohl represented UAA JV (joint venture between Jeffrey R. Anderson Real Estate, Inc. and P&P Realty d/b/a Urban Active) with respect to the acquisition, zoning, development, leasing and financing of Kenwood Pavilion Shopping Center in Hamilton County, Ohio.

Title Insurance Defense

We defend mortgage lenders on behalf of a national title insurance company. Often times these representations occur in the context of personal bankruptcies -- the bankruptcy trustee will seek to avoid the mortgage lender's mortgage based on an error in the execution or recording of the mortgage. In one such case, we defended a mortgage that was recorded in the wrong county. We quickly negotiated a settlement with the trustee that prevented the filing of an adversary proceeding and saved on costs. The settlement also permitted the mortgage lender to record its mortgage in the correct county and completely resolved the title defect.