Eben Clark
Recently elected to The Best Lawyers in America© 2017 for Denver Real
Estate Law by his peers, Eben Clark focuses his practice on real estate
transactions, development and project finance as part of BakerHostetler's
energy and hospitality industry teams. Eben also litigates land use and
access issues related to public and private rights of way. His wealth of
experience in Colorado and the Mountain West make him highly valuable to
developers, operators and lenders with interests in the region. Local land
use controls, federal agencies and regulations, and the interaction of public
and private lands present unique challenges in the West. Eben's experience
and aggressive problem-solving have helped many clients navigate these
obstacles, craft effective solutions, and achieve positive outcomes. Since
joining BakerHostetler, Eben has been able to apply his knowledge and
experience to utility scale renewable energy development, development of
the West's world class ski resorts, and nationally through the firm's network
of offices.
Experience
Real Estate Development
Counsel to global developer of utility-scale renewable energy projects
throughout the United States.
Counsel to owner/operator for purchase of parcel in Denver International
Airport commerce zone for construction of distribution center, including
infrastructure development agreements, water rights and special district
issues.
Counsel to rapidly expanding luxury camping and pop-up hotel company
with locations in the Rocky Mountains.
Counsel to developer of fractional project in downtown Aspen for
assemblage, entitlements, financing, construction, ownership structure
and sales matters.
Counsel to developer of condominium project in downtown Telluride for
entitlements, financing and construction matters.
Counsel to Colorado county government for project review, land use
code revisions and regulatory enforcement litigation including floodway
and wetlands issues.
Local land use counsel to developer of nationally branded condo-hotel
project in Breckenridge.
Counsel to Summit County arm of Vail-based ski and real estate
development company in diverse real estate matters.
Transactions
Counsel to seller in sale of 4500 acre agricultural assemblage in
southern Colorado, including renewable energy lease rights, water rights
and production contracts.
Counsel to out-of-state purchaser in $42 million acquisition of fully-
leased, Denver Tech Center office building, including closing purchase
and financing on compressed timeline.
Counsel to seller of fully-leased commercial property on Main St.,
Aspen, Colorado.
Counsel to developer for sales at nationally branded condo-hotel at
Snowmass Village.
Counsel to buyers and sellers in large, luxury residential and ranch
transactions in Aspen, Snowmass, and Breckenridge, Colorado, as well
as Idaho, Florida and California.
Real Estate Finance
Colorado counsel to national banking clients on acquisition and
construction loans for mixed use, multifamily and senior living
developments.
Counsel to national lending clients for acquisition loans nationwide.
Colorado counsel to European lending group in origination, servicing,
work-out and foreclosure of $575 million facility for development of
resort village at Snowmass Village.
Colorado counsel to European lending group in foreclosure of $180
million facility for mixed-use projects in Greenwood Village.
Colorado counsel to European lending group in origination of $160
million facility for downtown Denver condominium tower.
Counsel to local banks in complex real property and asset-based
financing transactions.
Counsel for real property security transactions in connection with
BakerHostetler's role as court-appointed counsel to the SIPA Trustee for
the liquidation of Bernard L. Madoff Investment Securities LLC.
Litigation
Counsel to landowner in Summit County for access dispute and eminent
domain action with local and federal government agencies.
Counsel to landowners in partition action for large ranch property,
including transaction to implement settlement of litigation.
Counsel to shopping center developers in cross-easement,
indemnification and access disputes.
Community Associations
Counsel to original master association of Snowmass Village through
distribution of real property and dissolution.
Counsel to condominium and homeowners' associations in governance,
amenity management and enforcement matters.
Recognition
The Best Lawyers in America© (2017)
o Denver: Real Estate Law
Memberships
American Bar Association
Colorado Bar Association
o Real Estate Section Council
Pitkin County Bar Association
Colorado Lawyers Committee: Board of Directors
Colorado Hotel & Lodging Association: Government Affairs Committee
Colorado Hotel & Lodging Association: Legislative Affairs Task Force
Community
Community College of Aurora Foundation: Board of Directors
Downtown Denver Partnership Economic Development Council
Pro Bono
Pro bono counsel for A Way Out, Aspen-based solution oriented
addiction programs and financial aid.
Assisted homeless families in achieving permanent housing through
ACCESS Housing.
Former pro bono counsel for Continental Divide Land Trust.
BakerHostetler
Counsel