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Thomas F. Brett II



Tom Brett handles a wide variety of real estate and commercial transactions, representing buyers and sellers of properties, developers, lenders, landlords, tenants, syndicators and investors. He works extensively on partnerships, joint ventures and limited liability companies, as well as the placement of debt and equity for these entities.

What do you focus on?

Seniors Housing/Medical Facilities

A significant focus of my practice is working with owners, operators, investors and developers of seniors housing facilities. I help them grow and manage their businesses through property acquisitions, development and adaptive reuse of distressed or under-utilized properties. Beyond seniors housing, I work with developers of medical office buildings and related facilities, such as ambulatory surgery centers and clinics.

Hotel and Resort Projects

Hotel and resort development is another industry to which I bring substantial experience and strategic counsel. I’ve worked with a number of clients on development and financing of these projects. As examples, currently I am representing a hotel developer expanding its portfolio throughout the Midwest. I am also working with the developer of a large, mixed-use project in Hawaii that includes residential, retail, golf and other elements. As an example of projects that support these developments, I am representing a lender in financing the construction of an international airport in the Caribbean that will service a nearby resort.

Energy Projects

I also provide advice to power generation clients. This includes entity formation, real estate issues and acquisition and financing for oil, gas and solar projects.

What do you see on the horizon?

Seniors housing and hospitality are growing real estate sectors attracting foreign investment—particularly from Asia. These dollars will continue to flow into the U.S. real estate market, creating significant opportunities for sellers and developers. At the same time, we see growth in opportunities overseas for U.S. developers and investors.

Recent Transactions

  • A national developer in the formation of a joint venture for the acquisition, financing and development of a projected $1 billion mixed use project in Hawaii.
  • A private investor group in the acquisition, financing and condominium conversion of multiple apartment projects in Chicago suburbs.
  • A private investor group in the acquisition of a $36 million mixed-use retail and residential project in Merrillville, Indiana.
  • A family office in the sale of a $42 million multi-family housing project and the acquisition of a portfolio of like-kind exchange replacement properties in excess of $85 million.
  • A private investor group in the sale of a $38 million apartment complex and acquisition of replacement properties in excess of $75 million.
  • A private real estate fund in the acquisition financing and syndication of over $100 million of various industrial buildings.
  • A medical office developer in connection with a build to-suit medical office building in Chicago suburbs.
  • A private real estate fund in connection with the acquisition of multiple medical office buildings in Florida.
  • Negotiated Deed-in-Lieu Agreement on behalf of owner/borrower and guarantors for conveyance of property and release of all liabilities in connection with foreclosure of $13.5 million mortgage on office building in Naperville, IL.
  • Negotiated Forbearance Agreement and Consent Foreclosure on behalf of owner/borrower and guarantors for conveyance of property and release of liabilities in connection with $75 million in financing, including participant lenders and mezzanine financing, on failed condominium conversion project in South Florida.
  • Negotiated Deed-in-Lieu Agreement involving conveyance of property to Lender and immediate flip to third party buyer as part of negotiated settlement involving total of $45 million in mortgage debt on 4 apartment complexes location in southern Wisconsin. As part of settlement, owner/borrower and guarantors released of all liabilities, and paid attorneys fees and closing costs.
  • Representing a Chicago developer in the development of a Four Points by Sheraton Hotel in Oak Creek (Milwaukee), Wisconsin. $13.1 million development project. Representation includes acquisition and financing of property, negotiation of TIF agreement with City, negotiating covenants, restrictions and easement with master/developer, franchise agreement and hotel management agreement.

Contact

Thomas F. Brett II

Partner

Chicago

Phone: 312-977-4879


Fax: 844-556-0731

DePaul University College of Law, LL.M.

Temple University Beasley School of Law, J.D.

University of Notre Dame, B.B.A., magna cum laude

U.S. Tax Court

Illinois

U.S. District Court, Northern District of Illinois

  • Illinois Super Lawyers 2005-Real Estate
  • Illinois Leading Lawyer 2005-2013-Real Estate
  • International Council of Shopping Centers (ICSC)
  • Director, Past Chairman, International Association of Attorneys and Executives in Real Estate (AECRE)
  • NAIOP
  • Chicago Apartment Association
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