After more than four decades of representing clients in a wide variety of real estate, financing and commercial transactions, Tom has the experience to assist and counsel companies in complex business projects. He also helps developers, lenders, nonprofits and government entities with financings that include New Markets, Historic and Investment tax credits. 

Capabilities

Biography

As a result of his extensive real estate and finance practice, Tom is experienced in the purchase and sale, leasing, financing, development and entitlement of office buildings, retail and commercial space, professional buildings and multi-family complexes. Tom has worked with developers and lenders on numerous large and complicated mixed-use projects. He assists purchasers in privately-placed bond deals and specializes in real estate-secured loans including multi-state credits. He has a comprehensive knowledge of CC&R’s, easements, development agreements and other real estate project documentation resulting from wide-ranging work for a variety of clients.

Tom has worked with the Redevelopment Agency of two major Utah cities in many development and re-development projects by negotiating and documenting financial assistance in connection with a number of programs benefiting commercial and residential deals involving significant community benefits. He has been outside counsel for the Utah Housing Corporation, the main independent state agency financing affordable housing in the state.

Tom’s experience also includes helping Fortune 500 companies negotiate governmental incentive packages for locating in Utah; assisting major out-of-state corporations purchase and entitle property in the state and in the surrounding region; buying and selling companies and assets; negotiating contracts and leases; ensuring regulatory compliance; and completing other complicated commercial transactions.

Experience

Represented University and Related Nonprofits

Represented a university and two related nonprofits in connection with the development and financing of a new theater and related improvements, including structuring issues, formation of entities, review and preparation of financing documents, including those involving the New Markets Tax Credits investment of several banks. Completed exit of NMTC investment. 

New Markets Tax Credits Transactions

Represented a county and its affiliated nonprofit corporation in connection with seven New Markets Tax Credits transactions, together with the real estate and structuring issues. 

Represented Independent State Agency

Assisted with approximately 50 projects for an independent state agency, including development of programs, purchase and sale of properties, and review and preparation of loan and other financing documentation. Represented client in employment and governmental affairs matters. 

Accomplishments

Academic

Harvard Law School, cum laude, 1978 (Williston Prize for contract negotiating)

Teaching Fellow, Harvard College Government Department:

           Constitutional Law (under Prof. Archibald Cox)

           The National Government of the United States (under Prof. Arthur Maass)

Harvard College, magna cum laude, 1974

(Sheldon Traveling Fellowship; National Scholar; Thesis: Circumvention of the Appropriations Committees in the Congressional Appropriations Process) 

Professional

Lawyer of the Year, Real Estate Law, Salt Lake City

Distinguished Real Property Practitioner for 2004

Real Property Section of the Utah State Bar

Best Lawyers in America, Real Estate Law, Utah 2006-2025

Notable Practitioner, Band 1, Real Estate, Utah, Chambers USA 2004-2019

Legal Elite, Real Estate, Utah Business magazine 2007-2020

Super Lawyers, Real Estate, Utah 2007-2019

Pro Bono Publico Award

Salt Lake County Bar Association December 1989

Adjunct Professor of Business Law, Notre Dame Law School (London Law Centre) “Law of Business Associations”

Associations

Professional

Utah Bar Association

American Bar Association

Professionalism Counseling Board (appointed by Utah Supreme Court)

Committee on Legal Opinions, Business Law Section, American Bar Association

International Council of Shopping Centers

National Association of Industrial and Office Properties

Community

State of Utah Water Strategy Advisory Team

         Member, 2013-2016

Governor’s Council on Balanced Resources

         Member, 2012-2015

 Envision Utah

         Member, 1997-2015

         Member, Board of Trustees, 2000-2015

         Member, Executive Committee, 2005-2015

         Secretary, 2009-2015

 Citizens’ Committee to Save Our Canyons  

          Member of Board of Directors, 1983-98, 2013-2019

 Salt Lake City Board of Adjustment

          Member, 1999-2012

          Chairperson, 2009-2010

Salt Lake City Futures Commission

         Member, 1996-1998

 Salt Lake City Public Utilities Advisory Committee

          Chairperson, 1991-1992

          Vice-Chair, 1989-1990

           Member, 1987-1998

Land and Water Fund of the Rockies

         Member, Utah Steering Committee, 1990-1995

Utah Museum of Natural History

         Member, Board of Trustees, 1990-1993            

Lowell Elementary School

         Co-chairperson, ELP Parents' Steering Committee, 1991-1992

 Salt Lake City Charitable Solicitations Committee

         Member, 1984-1987

         Chairperson, 1987

Political

Administrative Assistant, Utah Rep. Wayne Owens

Insights

Credentials

Licensed

Utah