Cody Backus Email & Phone Number

Arlington, Texas, Us

Lehi, Utah, Us

Real Estate, Business, Tax and Estate Planning attorney. Consult with entrepreneurs and business owners in various business and real estate ventures to navigate and manage risk, protect assets, minimize taxation and plan for wealth and business succession. I have coordinated and consulted on over $300M in real estate transactions, involving every aspect and strategy of real estate investment and management, from raising and lending capital through deployment and development to leasing, management and ultimate exit. I have organized over 600 LLCs, corporations and partnership for these purposes as well. I enjoy the work I do with my clients and the satisfaction I get from being a part of their success on all of these aspects.

Business Planning, Real Estate, Finance & Estate Planning practice focused on serving real estate investors, developers, and entrepreneurs. Facilitated the formation of over 350 business entities with emphasis on asset protection and tax planning, 90% of which are involved in various aspects of real estate investment and development. I take a comprehensive approach to business planning, succession planning and all aspects of real estate transactions. My clients are real estate investors, developers or lenders.

Advise, counsel and oversee the management of a $200M commercial real estate portfolio consisting of office, retail, industrial and residential asset classes. Advise, consult and oversee the development of a 120-acre mixed-use development in Utah County, drafting and revising CC&Rs, purchase and sales agreements, entitlement processes, Master Development Agreements, REAs, retail lease agreements, consulting agreements, and broker/listing agreements . Review budgets, operating costs and performance of the overall project. Also, held position of General Manager & Legal Counsel for the redevelopment and repositioning of historic Trolley Square, a 300,000+ square foot lifestyle center registered with the historic landmark commission. As interim General Manager, I restructured the organization and staff for optimum performance, implemented new business processes for maximum efficiency and improved procedures. I reviewed, negotiated and drafted all service agreements, lease agreements, employment agreements, and managed several personal injury claims against the property's owner.

Omaha, Nebraska, Us

Assist underserved and undercapitalized entrepreneurs, micro-enterprises, and non-profit organizations in the selection of an appropriate legal entity, then in the formation and governance of that entity. Draft or review contracts, employment contracts & non-competes, service contracts, licensing agreements, leases, etc. Research legislation related to the filing, organization, and publication requirements for entity formation. Form Corporations (C-Corp & S-Corp, even a B-Corp) LLCs, Partnerships, and tax exempt 501(C)3 Non-profit organizations.Draft operating agreements, bylaws, articles of incorporation, meeting minutes, and formalities letters to assist clients in forming legitimate legal entities under Nebraska, Iowa, and Delaware laws. Draft introductory letters, engagement letters, close out letters, and general informational letters to clients throughout the process.

Cottonwood, Az, Us

Research unique legal issues under Arizona statutory and common laws, primarily related to property, tort, trust & estate, tax, and contract laws. Draft a variety motions to the court, including a motion in limine. Draft research memorandum to attorneys and correspondence to clients or opposing parties. My experience at Gordon and Gordon was really great. I appreciated the way I was treated as a first year clerk. I was always treated with respect and the partners seemed to value my work. I was exposed to the real practice of law in a great atmosphere. I admired the level of integrity that the partners exhibit, as professionals and as men. They have a genuine interest in providing legal services at a fair rate. The do so with a genuine interest in providing the best representation available for their clients. They serve as great examples of what the profession is about and I appreciate them for providing the experience to me.

Represent retail business owners in the site selection, negotiation, draft and execution of commercial leases. Represent commercial real estate investors and developers in the site selection and acquisition of land for retail developments.Represent owners and developers of commercial retail real estate in the marketing, negotiating, and leasing of retail shop space. Perform market research and analysis of lease rates and comparable sales to effectively negotiate lease negotiations and land acquisitions. Draft and negotiate Letters of Intent and Commercial Leases for small business owners, franchisees, and property managers/owners.Create and implement effective marketing strategies to improve occupancy rates of commercially managed properties.

LEASING: Negotiated and drafted dozens of commercial real estate leases with national and local tenants. Managed marketing efforts to attract national and regional tenants to the centers under development, including national, regional and local network of prospective tenants, site signage, brochures, and a re-designed web-site with a robust back-end database that also doubled as a CRM tool. Performed market research using CoStar, LoopNet, and industry leader reports to increase the network of potential tenants. Perform analysis using this research and convert data into usable decision-making format for partners to establish lease rates and to set sales prices based on cap rates.Attend ICSC RECon in Las Vegas to develop a broad database of local and national retailers. Used the database in site selection process and development process to attract the appropriate tenant mix for the project. CONSTRUCTION:Negotiate Tenant Improvement allowance for the construction and build-out of retail shop space. Represent Landlord in Tenant build-out project.Ensure the integrity of the project was not compromised by any acts of the contractors. Act as guide and counsel to Tenants throughout the process. MANAGEMENT:Managed $60 million portfolio of commercial real estate. Negotiated vendor agreements (landscaping, lighting, HVAC, parking, trash, painting, etc.)Balanced the interests of both Tenants and Landlords by handling parking issues, signage issues, collecting rents and providing assistance and support to tenants.Performed due diligence for the disposition of real estate assets by compiling rent rolls, lease abstracts, lending documentation, construction plans, PLATs, Environmental documents (Phase 1), Operating Agreements, operating budgets, financial statements, etc.

At age 21 I decided to sail my first entrepreneurial ship. In a joint adventure with a great friend, we had the idea of learning the ins and outs of business ownership, development, and management from the school of experience. Some people call it "hard knocks." We called it "good times."We decided to provide professional residential and commercial window cleaning services throughout Maricopa county, primarily in the east valley cities of Mesa, Chandler, and Gilbert.Quickly we stablished a customer base of over 200 individuals and businesses through direct marketing efforts and customer referrals. We quickly learned the value of excellent customer service as it was the most effective source of new customer generation. We were also quickly introduced bookkeeping/accounting practices, commercial insurance, workers comp, and the strains that come with a rapidly growing business but with low barriers of entry.As the business grew, our focus on traditional education grew...fuzzy. Quickly however we corrected our ways, applied what we learned from our "real world" experiences to the classroom and completed our degrees in business. Our friendship continues as does our passion for business ventures, entrepreneurship, innovation, deal making, and our earnest endeavor to do as much good as we can with the time we have. Thanks Joshua Westover, those were good times!

Juris Doctor, Business/Corporate Law, Real Estate, Transactional

B.S., Finance