Real Estate Construction

Nicholas H. Gilbo

917-***-**** ~ *******@*****.***

Senior Transaction & Real Estate Attorney

Residential & Commercial

Investment, Development, Management, Litigation

Complex Deals, Creative Approaches

Key Accomplishments

Represented owner/developer for $15.481mm equity partnership for shovel-ready mixed-use construction of 24 story, 308 unit residential tower.

oObtained financing based on 82% of $80.613mm total development cost for acquisition, construction and permanent take-out of pre-packaged bankruptcy creditors' plan.

oInvolved with land assemblage for purchase of $10.3mm.

Represented hotel/resort company in Long Island City hotel transaction: 11 stories, 180 guestrooms.

oObtained financing of $45.66mm, involving $29mm construction loan, $6.6mm mezzanine loan.

oNegotiated 2.6k sq. ft. additional parcel increasing keys from 180 to 215 rooms and key cost from $253k to $212k.

Represented religious facility selling 100,000 sq. ft. four story church facility, with 165,000 in total buildable sq. ft., to charter school for $4.95mm purchase price.

Known For

Breadth of legal knowledge ~ Curiosity ~ Work Ethic

Professional Experience

Cushman & Wakefield (Formerly DTZ), New York, NY 2010 – Present

Senior Real Estate Attorney: Exclusively represent commercial real estate principals and tenants with advisory, valuation, capitalization, leasing, acquisition and disposition strategies for office, retail, multi-family and development projects and leasehold interests, fee positions and air right transfers. Participate in occupancy advisory services including buy/lease comparative analysis, site selection, lease review, analysis, negotiation and abstracts.

Draft purchase and sale agreements/leases.

Obtain title commitments, surveys and procure policies.

Provide clients with capitalization requirements: raising equity, senior debt, CMBS and RMBS placement and mezzanine financing.

Negotiate and draft mortgages, promissory notes and guarantees.

Portnoy Gallagher, PC, New York, NY 2003 - 2010

Senior Associate Attorney: Significant experience structuring & closing commercial and residential transactions, leases, loan workouts, pre-foreclosure and foreclosure matters and representing commercial landlords in landlord-tenant disputes.

Defended RMBS aggregation, underwriting and origination lawsuits.

Drafted commercial leases and loan agreements, offering memoranda, LLC operating agreements with SPE focus, purchase and sale, joint venture, partnership, TIC, cash management, operation and maintenance, subordination, non-disturbance and attornment, guaranty, corporation, other LLC and partnership agreements, tenant estoppels, assignments and opinion letters.

Levy, Boonshoft & Spinelli, PC, New York, NY 2001 - 2003

Associate Attorney: Negotiated and drafted real estate contracts, leases and joint venture agreements. Performed due diligence for securitized lending, including lease abstracting and title review.

Litigated complex commercial and corporate matters: commercial real estate, partnership and contractual disputes, NASD broker-dealer arbitrations, lender liability and RICO violations.

Conducted appellate, trial, motion and discovery practice: prepared appeals, trials and arbitrations, drafted affidavits and memoranda of law, conducted depositions and document production.

Abbey Gardy, LLP, New York, NY 1999 – 2001

Associate Attorney: Prosecuted complex antitrust, consumer protection, securities fraud and derivative class action lawsuits. Drafted complaints, discovery requests and responses, as well as motions and supporting memoranda of law for class certification, summary judgment and judgment on the pleadings. Negotiated and drafted confidentiality agreements, memoranda of understanding and stipulations of settlement.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York, NY 1998 - 1999

Associate Attorney: Defended clients in municipal and premises liability actions including Monell claims. Second-seated trials in Southern and Eastern Districts of New York. Handled cases from inception to trial by drafting pleadings, briefs, discovery requests and responses, conducting and defending depositions, arguing motions and handling court appearances.

Education

New York University, Schack Institute of Real Estate, New York, NY 2011

M.S., Magna Cum Laude, Commercial Real Estate Investment & Finance, GPA: 3.80

New York Law School, New York, NY 1997

J.D., Cum Laude, Top 18%; Editor, Journal of International and Comparative Law

Marist College, Poughkeepsie, NY 1994

B.S., Cum Laude, Business Administration: Finance

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