Aubrey is a partner based in our Calgary office and practices in all areas of commercial real estate including purchase, sale, development, financing and leasing. He has extensive experience in complex real estate transactions including both pre-development lands and lands with existing office, retail or industrial developments. He has completed transactions with various unique aspects such as environmental contamination, appurtenant water licenses, long term ground leases for development, syndicated investment structures among large investor groups, acquisitions and dispositions by non-resident investors, complying with foreign ownership restrictions and the sale of developments in progress.
Aubrey represents clients in relation to development of land including condominiums, limited partnerships, co-ownerships, cost share, cost recovery, supplemental terms to CCDC form contracts, utility rights of way, easements, restrictive covenants and in the negotiation and preparation of municipal and utility service provider forms. In addition, Aubrey regularly acts in completing secured lending transactions in the context of both acquisitions and land development.
- Represents investors and developer groups in all aspects related to the acquisition of a land assembly for development of staged master planned communities from initial ownership structuring, land diligence and purchase financing, development management agreements, subdivision and entitlements through to the sale single family, multifamily and commercial lots to builders.
- Acts for construction companies in the negotiation and drafting of CCDC forms including supplemental terms for projects ranging from significant foundation and structural upgrades to existing warehouse space to complete construction of new mixed use buildings.
- Leasing counsel to landlords and tenants in respect of long term office and retail leasing and sub-leasing and related property management issues including drafting and negotiating comprehensive landlord template leasing forms with various step-down provisions.
- Counsel to clients in the acquisition and disposition of portfolios of investment properties including office, retail and mixed use buildings.
- Negotiated and drafted 20 year land lease and related operating agreement for the operation of a business critical transloading terminal in British Columbia for a multi-national mining company.
- Acted for one of North America’s largest investors and managers of commercial real estate in relation to contamination issues arising upon the expansion of the largest mall in Calgary.
- Represented client in the sale of seniors home pharmacy network to a TSX listed company including agreement of purchase and sale with mix of cash and share based compensation, lease agreements and master servicing agreements.
- Purchase and syndication to investors of 1200 acre land assembly of predevelopment lands including exhaustive diligence and concurrent purchase and transfer of appurtenant water licenses valued at $6 Million.
- Completion of financings in relation to both business acquisitions and land purchases for operators, investors and builder clients including commitment letters, credit agreements, mortgages, guarantees, environmental indemnities, inter-creditor agreements, legal opinions and related corporate documentation.
- Land acquisition and related development work over three years for expansion of NYSE listed retailer into Western Canada.
- Acting for clients in zoning matters including applications for re-zoning of lands and resulting appeals to the Subdivision Development and Appeals Board.
News & Publications
News & Publications
- Alberta Real Estate Practice Manual, Contributing Editor