Jeff Bennett is a shareholder in the firm and for more than 25 years, has assisted developers, property managers, and private landowners with a wide range of real estate development, transactional, commercial leasing, land use, and project finance issues. His experience as a private attorney is complemented by his work in the Appellate Division of the Oregon Attorney General's office where he represented numerous state agencies in real estate-related matters. Jeff has successfully represented clients before all levels of government decision-makers and before the Land Use Board of Appeals, the Oregon Court of Appeals, and the Oregon Supreme Court.
Jeff's development of continuing real estate education programs for the Continuing Commercial Education Cooperative (CCEC) earned the Associate Member of the Year award in 2002 from the Portland Building Owners and Managers Association (BOMA). An active member of his community, Jeff is a former chair of the Clackamas County Economic Development Commission, was the 2007-08 President of the Clackamas County Business Alliance, and currently chairs the Clackamas County Tourism Development Task Force and BOMA Governmental Affairs Committee.
Development
The land development process gets more complex every day. Jeff's knowledge and experience in dealing with the day-to-day problems that occur in the land development process helps clients stay on schedule and on budget.
- Major development entitlements
- Compliance with conditions of approval
- Access rights for construction in public right-of-way
- Facilities construction permitting
- Highway ingress and egress
- Multi-party infrastructure construction agreements
- Resolution of disputes with third parties (neighbors, contractors, building officials
Transactions
Jeff assists clients by negotiating and documenting real estate transactions:
- Acquisition of raw land for development or resale
- Acquisition or sale of developed property, portfolio properties, and distressed properties
- Title examination and issue resolution
- Multi-owner and owner-government development agreements
- Commercial and residential condominium or unit ownership documentation
- Due diligence
Leasing and Property Management
Jeff helps property owners and property managers address commercial leasing issues:
- Complex commercial office, retail, and industrial leases
- Tenant improvement-work letters
- Guarantees and sophisticated financing measures
- Tenant expansion and contraction strategies
- Workouts and lease enforcement
- Property management agreements
Land Use
Jeff's expertise as a landscape architect and attorney bring a unique blend of talent to any land use case. His ability to understand technical issues helps him work with his clients' technical consultants and permits him to effectively interface with local planning staff. He prefers the team-oriented approach to obtain land use approvals.
He helps his land use clients:
- Develop effective permit strategies
- Perform pre-acquisition fatal flaw analysis
- Prepare land use applications
- Negotiate conditions of approval
- Address traffic impacts and off-site street improvement requirements
- Prepare innovative zoning regulations to accommodate unique projects
- Manage project-improvement cost-exposure
Jeff has helped his clients obtain the following types of land use approvals:
- Urban Growth Boundary amendments
- Postacknowledgment comprehensive plan and zoning ordinance text and map amendments
- Retail shopping center development
- Mixed use project entitlements
- Industrial, retail, and residential planned developments
- Subdivisions (industrial and residential)
Finance
Jeff helps clients address a myriad of real estate financing issues, including:
- Acquisition and infrastructure financing through development agreements, municipal bonding, and other finance vehicles
- Construction financing
- Loan documentation, restructuring, and consolidation
- Opinion letters
Education and Professional Qualifications
J.D., Northwestern School of Law, Lewis and Clark College, 1981
B.S., Landscape Architecture, University of Wisconsin, Madison, 1975
Memberships and Honors
President, Clackamas County Business Alliance, 2007-08
Chair, BOMA Government Affairs Committee, 2008-09
Chair, Clackamas County Tourism Development Task Force, 2008
Member, Clackamas County Street Smart Task Force, 2008
Past Chair, Clackamas County Economic Development Commission, 2004-2008
Associate Member of the Year, Portland Building Owners and Managers Association, 2002
Member, Building Owners and Managers Association, Oregon and National Chapters
Member, Oregon Landscape Contractors Board, 1993-1998; Chair, 1994-1995
Presentations
Commercial and Residential Evictions, Sterling Education Services (2008)
Manage Your Legal Minefield, High Desert Green Industry Conference (2008)
Legal Issues for the Landscape Business, Chemeketa Community College (2007)
Professional Services Contracts for the Landscape Designer, Association of Professional Landscape Designers, Portland Chapter (2007)
Landscape Business Entity Options, Oregon Landscape Contractors Association Expo (2006)
You've Earned It: Get it and keep it, Oregon Landscape Contractors Association Expo (2006)
Repositioning Commercial Real Estate: Adaptive Reuse, Commercial Association of Realtors (2006)
Leases 101: Broker Beware!, Stewart Title (2005)
The End Game, Fundamentals of Real Estate Development, Sterling Education Services (2005)
Due Diligence in Real Estate Transactions, Oregon State Bar (2002)
A Year in the Life of a Development Deal: Land Use Impacts on Oregon Real Estate Transactions (coauthor), Lorman Education Services (2002)
Tough Market/Tough Leases (coauthor), Commercial Continuing Education Cooperative (2002)
Portland Broadband Symposium (coauthor), Commercial Continuing Education Cooperative (2001)
Default Issues in Commercial Real Estate Leases, Oregon State Bar (2000)
Repair, Maintenance, Alteration, and Restoration of Commercial Premises, The Seminar Group (2000 and 2001)
Negotiating the Maze of Land Division Regulations in Oregon, National Business Institute (1999)
Publications
Lease Changes: What Needs to Be Done to Address Terrorism and Bioterrorism, Commercial Continuing Education Cooperative (2002)
Due Diligence in Real Estate Transactions, Oregon State Bar (2002)
A Year in the Life of a Development Deal: Land Use Impacts on Oregon Real Estate Transactions (coauthor), Lorman Education Services (2002)
Tough Market/Tough Leases (coauthor), Commercial Continuing Education Cooperative (2002)
Portland Broadband Symposium (coauthor), Commercial Continuing Education Cooperative (2001)
Default Issues in Commercial Real Estate Leases, Oregon State Bar (2000)
Repair, Maintenance, Alteration, and Restoration of Commercial Premises, The Seminar Group (2000 and 2001)
Negotiating the Maze of Land Division Regulations in Oregon, National Business Institute (1999)
The Law on Nonconforming Uses, National Business Institute (1999)
Underground Storage Tank Requirements & Cleanup in Oregon (Federal Publications, 1994)
Oregon Environmental Law (coauthor), Federal Publications, 1993
Oregon Construction Law (coauthor), Federal Publications, 1993
Articles
Legislature Embraces High-Density Development Projects and Provides Incentives
Bon Appetit, Bottom Feeders
A Commercial Landlord's Guide for the Workout or Restructured Lease
Practical Tips for Enforcing a Commercial Lease
Portland Imposes Parks SDC on Non-Residential Development; Increases Fees on All New Construction
Portland's "G/Rated Tenant Improvement" Guide: Creating a High Performance Workspace
National and Local Real Estate Trends Go "Green"
Accounting for the Hidden Costs of Development
Adaptive Reuse: Repositioning Commercial Real Estate for Today's Markets
Negotiating Your New Lease: A Business Tenant's Perspective
Urban Development Requires Extra Resourcefulness
Tenants, Landlords Both Benefit by Planning Improvements
Mixed-Use Projects: Knowing Occupancy From Use
Boutique Retailers Face Unique Challenges Negotiating Lease
Taking Technology Opportunities to the Roof and Protecting Them
Commercial Leases: Top Ten Default Areas Require Landlord's Attention
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