David B. Franklin

David Franklin's practice concentrates on real estate transactions and land use, primarily in California and Hawaii. Mr. Franklin represents clients in acquiring, leasing, financing, entitling, developing, constructing, selling and exchanging real estate. Additionally, he regularly represents clients regarding general business needs, including entity structure and formation and multi-state operations.

Mr. Franklin has represented a national warehouse membership club in negotiating purchases and leases, conducting due diligence, pursuing entitlements, assessing locations, and expanding or selling more than 100 sites throughout California, Hawaii and several other western states. For this client and others, he has prepared numerous declarations of covenants, conditions and restrictions for single developer projects and negotiated many reciprocal easement and operating agreements for multiple-owner developments of commercial, retail, residential and mixed-use projects.

The entitlements for almost all of these projects include compliance with the California Environmental Quality Act (CEQA), including working with the client and consultants to assure benefits and mitigate impacts through project location and design to improve job/housing balance, reduce length and/or frequency of car trips, implement transportation demand management programs, and obtain government approval of new and more efficient products.

Mr. Franklin's clients' projects frequently entail exactions and other requirements that necessitate coordination with local jurisdictions, and he has negotiated exclusive negotiating agreements, development agreements, disposition and development agreements, participation agreements, reimbursement agreements, financial incentive agreements and other arrangements with public entities throughout California.

Mr. Franklin's experience also includes counseling for lenders and borrowers in loan documentations, workouts, foreclosures and portfolio management, along with syndicators and investors in the formation and assessment of real estate and business investments. He also provides counsel for landowners in construction issues, for clients subject to the federal Real Estate Settlement Procedures Act (RESPA) and comparable state legislation, and for subdivision developers in registration and compliance with HUD and California Department of Real Estate for interstate land sales projects.

Recent Work / Representative Matters

Memberships

Bar Association of San Francisco.

International Conference of Shopping Centers.

Board of Directors: Robert F. Lange Foundation - Honolulu, HI.