David Preiss Email & Phone Number

San Francisco, Ca, Us

San Francisco

Member of firm’s West Coast Land Use and Environmental practice group Represent private and public sector clients in complex real estate transactions, including acquisitions, long-term ground leases, financing, exchanges, construction, easements and other title matters, zoning and land use permitting, agreements, and regulatory matters for new and existing projectsWork on development related agreements includes negotiation, preparation and implementation of development agreements, disposition and development agreements, project labor agreements, affordable housing agreements, subdivision improvement agreements, consulting contracts, conservation easements, mitigation agreements, reciprocal easement agreements and CC&R’sRecent engagements include:Representing joint venture developer in obtaining land use entitlements and Disposition and Development Agreement from city of San Jose for acquisition and development of 24-story, 1.2+ million square feet, mixed-use Museum Place project in downtown area, including office, retail, hotel, residential and public parkinAdvising foreign-based pension fund in negotiation and preparation of asset purchase agreement for fund’s acquisition of 10,000 acre portfolio of agricultural properties in California Central ValleyRepresenting City of Oakland as landlord in negotiation, preparation and implementation of multiple long-term ground leases for development of trade and logistics uses as part of $1 billion redevelopment of former Oakland Army Base, and in negotiation of 10-year stadium license agreement with Oakland Athletics professional baseball teamAdvising Golden Gate Baptist Theological Seminary in sale/leaseback of its 148-acre campus site in Marin County Representing City of Richmond in negotiation and preparation of agreements with non-profit and for-profit housing developers facilitating redevelopment of historic, environmentally impacted, former nursery site with seniors rental units and market rate for-sale homes

Oakland

• Practice focused on land use, real estate and surface mining matters• Headed firm’s transactional practice during last five years• Significant engagements included:o Representing Alta Bates Summit Medical Center in obtaining land use entitlements for construction of new 230,000 square foot 238-bed acute patient care hospital meeting strict state seismic safety requirements and associated parking garage in Oaklando Representing The Swig Co. in obtaining land use entitlements for two new high-rise office buildings at historic Henry J. Kaiser Center in downtown Oaklando Representing developer in obtaining land use entitlements for three residential condominium complexes in Temescal area of Oakland and successfully defending project against CEQA challengeo Serving as outside special counsel to Oakland Redevelopment Agency on disposition, permitting and development of sites for new Office of the President, University of California, and Golden State Warriors NBA team practice/office facility atop existing parking garage o Representing owner of recycling facility in Oakland in obtaining heavily contested use permit allowing expanded operations and successfully defending approval against CEQA challenge o Representing Blackhawk Plaza Partners in the sale of Blackhawk Plaza commercial center near Danville, Californiao Representing Koll Real Estate Group in acquisition and sale of multiple warehouse/industrial sites in San Francisco Bay Area, and preparation of related reciprocal easement agreements and CC&R’so Representing Vulcan Materials Co. in obtaining and successfully defending permits and clearances under California Surface Mining Act and CEQA for aggregate mining, asphalt production, and reclamation operations in San Francisco Bay Area and throughout state, and representing company on multiple lease, acquisition and royalty agreements and multi-party agreements with public agencies and private parties

Walnut Creek

• Founder and managing partner of five-attorney commercial and litigation law firm specializing in real estate and development • Practice focused on representation of developers of single family residential projects on wide range of real estate and business transactions and land use matters• Significant engagements included:o Representing Blackhawk Corporation and its principals in formation, funding, and management of partnerships for development and operation of property in Northern Californiao Representing BIA of Northern California in negotiation and preparation of multi-year school impact mitigation agreement in Brentwood, California o Representing developer of first large master planned golf course community in Fresno area in preparing and obtaining California DRE approval of CC&R’s and other master management documents and subdivision public reporto Representing Shea Homes in formation, governance and operation of Geologic Hazard Abatement District for its Silver Creek Valley Country Club master planned community in San Jose

Blackhawk

• Responsible for handling and managing all legal needs for closely held developer of large master planned residential golf course communities in San Francisco Bay Area, including Blackhawk project near Danville, Canyon Lakes project in San Ramon, and Apple Hill Estates and Brentwood Country Club projects in Brentwood• Handled residential lot sales to merchant builders and leases to retail tenants• Handled corporate governance, employment, insurance, construction and trademark matters• Supervised outside consultants and handled all forward land use planning matters, including coordination with staff of public agencies and elected officials and appearances at public hearings before elected boards and councils• Obtained approvals for multiple subdivisions and annexations and related CEQA review• Responsible for management coordination with country clubs, real estate brokerage and title companies, homeowners associations and special districts• Managed offering and sale of Blackhawk County Club to its members• Handled due diligence aspects of acquisition of Seattle Seahawks NFL team by principal shareholder of Blackhawk Corporation• Supervised outside counsel on both transactional and litigation matters

Walnut Creek

• First dedicated land use law associate at regional office, working directly under Daniel J. Curtin, widely considered California’s leading land use/municipal law attorney• Worked on wide array of land use matters, including development agreements and permitting of master planned communities, office and retail projects • Primary drafter of new subdivision ordinance for city of Davis and vesting tentative map model ordinance used by cities and counties throughout state

San Francisco, Ca

• As part of firm’s commercial law group, handled matters ranging from real estate and commercial transactions to bankruptcy• Drafted contracts and security agreements for acquisition, construction and disposition of real property and other assets• Handled Chapter 11 reorganization of large iron foundry and liquidating sales of real property • Numerous solo appearances in US Bankruptcy Court

School Of Law, J.D. Degree, 1982

B.A. Degree, Magna Cum Laude, 1977