Insights

Denver’s first-ever permanent affordable housing fund, as well as the impact fees and tax increases that will fund it, will go into effect on January 1st. The new ordinance, which City Council approved by a 9-4 vote on September 19, is based on a plan proposed by Mayor Michael Hancock and Councilwoman Robin Kniech earlier this year. According to City estimates, the program is expected to generate over $150 million in the first ten years—at which point a sunset provision added to the bill just before its passage will require a review and renewed approval by City Council to avoid an automatic repeal.

Frank L. Robinson, a co-founder of our firm and our great friend, passed away peacefully on Sunday, November 27, 2016. He was 73. We will miss him greatly.

In Colorado much of the public infrastructure installed in connection with development projects is financed by Metropolitan Districts. Metropolitan Districts are governmental entities, authorized by Colorado statute and controlled by an elected board of directors.

Denver, Colorado – Otten Johnson Robinson Neff + Ragonetti PC (Otten Johnson) is pleased to announce that Brittany M. Wiser has joined the firm as an associate. Brittany received her J.D. from the University of Denver’s Sturm College of Law (2016), and her undergraduate degree from the University of Denver (2009). She concentrates her practice in real estate finance law, with a focus on sales, acquisitions, development, and other real estate finance transactions. In addition to her law degree, Brittany earned a Masters of Dispute Resolution (MDR) degree from Pepperdine University in 2016.

Key ingredients for many businesses are a lease and some sort of financing. That financing may be in the form of a loan secured by the tenant’s personal property, or it may be in the form of an equipment lease. (The issues discussed below apply equally to both loans and equipment leases, so for simplicity, we will refer only to lenders, loans and collateral.)

Liquidated damages clauses frequently appear in commercial contracts, particularly those involving the purchase and sale of real estate. These clauses bring predictability to potential disputes, thereby helping parties manage potential exposure and to reduce potential litigation costs related to proving actual damages at trial.

Did you know that Colorado is home to seven major river basins, each of which contains dozens of smaller rivers and streams? While each of these watercourses has its own unique ecosystem, many of them face similar challenges. Destruction of riparian habitats caused by erosion, pollution, the introduction of invasive species, wildfires, drought, and over-withdrawal of water is threatening many of Colorado’s rivers and streams. That is why VOC is excited to offer several riparian habitat restoration projects this year, including two at the Big Thompson Canyon in Loveland and one located along Cherry Creek in Parker.

In Colorado, much of the public infrastructure installed in connection with development projects is financed by metropolitan districts. Metropolitan districts are governmental entities, authorized by Colorado statute, and controlled by an elected board of directors. They have taxing authority and can impose a mill levy on property within the boundaries of the district.

Otten Johnson is proud to be underwriting the Denver Business Journal’s new feature: Crane Watch.