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James M. Mulligan

James M. Mulligan

Partner| Denver


Jim Mulligan's practice emphasizes most aspects of commercial and mixed-use real estate, including urban, resort and suburban developments, with an additional focus in the project finance and infrastructure development areas of practice. He represents private and institutional owners, developers, sponsors, concessionaires, investors, lenders, owner associations, managers, brokers, contractors, and federal, state and local political subdivisions with regard to all forms of real estate ownership, land use and entitlements, development, financing, leasing, management and joint ventures of all kinds, public/private redevelopment projects (including historic designations, tax-increment financed projects, tax-credit structures, and taxable and tax-exempt bond issues), public private infrastructure partnerships, corporate campuses, transit-oriented developments, planned and common interest communities and acquisition/disposition transactions. Jim has represented the real estate ownership, development and finance industries in Colorado and throughout the Rocky Mountain region on legislation, regulatory concerns and other issues. He also represents corporate and commercial clients on a variety of public policy and government relations issues, initiatives and related legislation. Jim also has had extensive experience with affordable housing projects and programs, and has been appointed Special Deputy Attorney General representing the Colorado Division of Housing in finance transactions.

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  • Colorado FASTER Legislation: Jim was involved initially with the conceptualization of P3 Legislation in Colorado with the then Colorado Governor Ritter and the local Denver Metro Chamber of Commerce, based originally on the Partnerships British Columbia model adjusted to Colorado and within the context of CDOT, where he participated in the stakeholder involvement (Metro Mayors Caucus) and in the drafting/review of the FASTER bill, particularly regarding the establishment of an Enterprise (HPTE) and with regard to P3s as a financing mechanism.
  • Master Development Agreement: Master Development Agreement with local jurisdiction for the design, land use and entitlement matters/approvals, platting, infrastructure improvement (on and off-site) and marketing of developed sites in Wheat Ridge, Colorado, involving the local urban renewal authority as landowner, client as master developer, and tax increment financing, HUD Community Development Block grants, private financing; structured to meet the funding deadlines and the first parcel buyer’s timeframe for its building construction schedule.
  • Public and Project Financing: Layered public and private financing for major mixed-use development and related infrastructure involving the issuance and refinancing of several series of senior and subordinate bonds secured by tax-increment, public improvement and property assessment revenues, together with credit enhancement vehicles and private investment.
  • Multi-State Infrastructure Due Diligence Project (2014): Represented an oil and gas client in its due diligence investigation of a six-state, 1200-mile crude oil pipeline project, including the organization of in-house legal team and retention of local counsel in impacted states in order to investigate timelines for permitting, ROW acquisition, eminent domain process and related state and local issues impacting the timing of the proposed project.
  • Multi-State Infrastructure Development Project (2012-2014): Represented a global oil and gas consortium in its development of a $500 million + multi-state NGL pipeline project, including all permitting, right-of-way acquisitions, title, eminent domain, construction and follow-on operational matters; organized and managed project legal team as lead counsel, including transactional and litigation (condemnation) attorneys and paraprofessionals.
  • Long-Term Ground lease for Tax-Exempt Entity: During 2012, represented a 501(c)(3) entity in its structuring, negotiation and consummation of long-term ground lease from a separate, third-party tax-exempt ground lessor for the client’s operations.
  • Real Estate Leasehold Asset Financing: Commercial Mortgaged Backed Securities (CMBS) loan secured by four properties located in three different states with income streams from long-term ground leases, including leases to the U.S. government General Services Administration.
  • Bank Qualified Loans: Represented several banks in their bank qualified loans to special and metro districts to refinance/refund bond issues.
  • Mixed-Use, TOD-Garrison Station: First mixed-use, Transit-Oriented Development (TOD) to be constructed along the West Corridor of the Denver Metro FasTracks transit system, involving retail, bank pad, office and multi-family development.
  • Mixed-Use Work-Force Housing: Site acquisition, land-use approvals and entitlements, design, development, construction and lease-up of a mixed-use retail, parking and multi-family rental property, involving the use of tax-credit and HUD-insured financing, land-use regulatory agreement and related regulatory and management issues to complete the largest 100 percent affordable housing property in downtown Denver at the time.
  • Master Planned Community Governance Regime: Land-use and entitlements for a 500-acre mixed-use (residential, regional big-box retail, office, light industrial, parking) master-planned community, including a sustainable master community governance regime that was crafted in line with the plan’s LEED ND designation, one of the first in the nation.
  • High-Rise Twin-Tower Condominium/Parking Complex: Site acquisition, land use and entitlements, development, project and unit financing, construction, CC&Rs, individual unit sales and HOA transition for a 270-unit condominium/parking complex in Denver, also involving federal, state and local regulatory approvals, including agreements with local urban renewal authority and neighborhood groups.
  • Office Building Developments: Represented several for-profit and non-profit developers in the acquisition, development, financing and leasing of various forms of office, medical and industrial buildings to single and multi-tenanted properties.
  • Higher Education: Represented the developer of a student housing project in downtown Denver in its structuring, negotiation, development, tax-exempt financing and construction of a first-phase 750-bed student housing project for a tax-exempt real estate foundation owner.
  • Corporate Campus: Acquisition of 450-acre site; deconstruction of existing 1.7 million square foot facility on site; and due diligence, zoning and land use submittals and preliminary approvals for the development of a 2.5 million square foot corporate campus focused on a Global Training Institute, a Global Research & Development Complex and related office and support facilities for the client, a Fortune 5 company.
  • University of Denver College of Law (J.D., 1974)
  • University of Massachusetts at Amherst (B.A., 1969)
  • Supreme Court of Colorado
  • United States District Court, District of Colorado
  • American Bar Association, Real Property & Probate Section
  • Colorado Bar Association, Real Estate Section
    • Chair (1984)
  • Denver Bar Association
  • The Best Lawyers in America®, Real Estate Law (2013-2015)
  • Colorado Super Lawyers®, Real Estate (2007-2014); Land Use/Zoning, Government Relations (2007-2011)
  • Lawyers of the Decade, Law Week Colorado (2011)
  • Super Lawyers®, Real Estate - Business Edition (2011)
  • Lawdragon Top 3000 Leading Lawyers in America (2010-2011)
  • Super Lawyers®, Real Estate - Corporate Counsel Edition (2009-2010)
  • Power Book Top 10 Business Newsmaker in Law, Denver Business Journal (2010)
  • Barrister’s Best: Real Estate Lawyer, Law Week Colorado (2009, 2010)
  • Lawyer of the Year, Law Week Colorado (2009, 2010, 2013)
     
  • Metropolitan State University of Denver Foundation, Board Chair (2013-present)
  • Denver Metro Chamber of Commerce, Board & Executive Committee (2008-present)
  • Metro Denver Economic Development Corp, Board & Executive Committee (2008-present)
  • Colorado Competitive Council (C3), Investor Committee (2008-present)
  • Aurora Economic Development Council, Board of Directors, Chairman (2007)
  • National Association of Office and Industrial Properties, Colorado
    • National Board (2012-present)
    • President (2007)
  • Real Estate Advisory Boards for C.U. and D.U. (2000-present)
  • Boys and Girls Clubs of Metro Denver, Inc., Board of Directors (1993-2010)
  • Downtown Denver Partnership, Denver Civic Ventures Board (1991-1998)
  • Southeast Business Partnership (1998-2000)
  • Downtown Denver Task Force, Chair (1992 & 1996)
  • Colorado's Gubernatorial Unified Housing Task Force, Chair (1988)
  • Colorado Association for Commerce and Industry (1986-1988)
  • Colorado Housing Assistance Corporation, Board of Directors (1986)
  • Mackintosh Academy, Board of Directors (1986-1988)
  • Fairfield and Woods, Director (2000-2009)
  • Mayer Brown, Partner (1981-1989)
  • Mulligan Professional Corporation (1975-1981, 1989-2000)