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Marc B. Bergoffen
12505 Park Potomac Avenue
6th Floor
Potomac, MD 20854
F (301) 230-2891
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Marc B. Bergoffen concentrates his commercial real estate and business transactions practice on getting deals done in the most efficient manner possible.  Clients like his direct, keep-your-eye-on-the-ball approach, and opposing parties often thank him for his professionalism in bringing transactions to resolution. 

Marc focuses on a variety of real estate matters with an emphasis on the acquisition, disposition, management, leasing and financing of various real estate asset types, including office, retail, and multifamily.  He also regularly represents property owners in the negotiation of various telecommunications agreements, from rooftop antenna leases with wireless carriers to license agreements with cable providers for retail and multifamily properties.  He is skilled in the negotiation and preparation of various real estate documents related to the development of solar energy products.  His business experience includes assisting restaurant owners in initial fundraising and operational issues as well acquisitions and leasing matters.

Examples of transactions Marc has successfully completed on behalf of his clients include:

  • Representation of the Maryland Department of Transportation as outside real estate counsel in joint development projects across the State of Maryland, including the largest Transit-Oriented Development (TOD) in the history of the State of Maryland, as well as the first Tax Increment Financing bond closing for a TOD in Howard County; 
  • Representation of the Maryland State Retirement and Pension System in connection with its various real estate investment programs;
  • Representation of a publicly traded real estate investment trust across its portfolio in the negotiation of antenna leases with multiple wireless telecommunications carriers, MDU marketing and access license agreements for multifamily properties, and telecommunications access license agreements for retail and office properties with various cable companies;
  • Representation of a James Beard Award-winning chef and restaurateur in the structuring of a joint venture for a new restaurant concept and negotiation of a lease for a new restaurant space in a mixed-use building; 
  • Representation of numerous solar energy companies in the creation and negotiation of ground leases, option and purchase agreements, and other real estate documents in connection with the development of solar energy projects across the State of Maryland;
  • Representation of a professional sports league players' union with respect to its real estate assets;
  • Representation of a national real estate investment trust in the acquisition and leasing of a 2.8 million square foot portfolio of office buildings in Rosslyn, Virginia;
  • Representation of a national real estate investment trust in the acquisition and financing of an investment grade office, multifamily and industrial/warehouse properties throughout the country;
  • Representation of a regional real estate investment company with respect to statutory tenants' rights issues in the sale of various multi-family properties in suburban Maryland and the District of Columbia;
  • Representation of a regional petroleum jobber in the acquisition and operation of real estate and distributorship interests in several hundred service stations across the country; and
  • Representation of a national golf course owner and manager in the structuring of a joint venture to acquire a portfolio of golf courses in Virginia. 

Marc is admitted to practice in the State of Maryland, the District of Columbia, the Commonwealth of Virginia and the State of Florida.  A member of the Maryland State Bar Association,  he is the immediate past Chair of the Real Property Section.  He is also active in the Mid-Atlantic Division of the International Council of Shopping Centers and the Bar Association of Montgomery County, MD.

News

Publications

  • CLE Speaker, Advanced Real Property Institute, Maryland State Bar Association, October 2014
  • Round Table Speaker, International Council of Shopping Centers, U.S. Shopping Center Law Conference, 2009-2012.
  • CLE Speaker, Drafting Commercial Real Estate Leases: The Ins and Outs of Protecting Your Interests, National Business Institute, 2008
  • The Next Stage of the Vested Rights Debate: The Virginia Supreme Court Validates the General Assembly's Codification - And More - In Suffolk BZA v. City of Suffolk., The Fee Simple, Virginia State Bar Association, Real Property Section, Volume XXIV, Number 2, 2004

Events

Professional & Community Affiliations

  • Maryland State Bar Association 
    Real Property Section Chair, 2014 - 2015 
    Vice-Chair, 2013-2014 Secretary/Treasurer, 2012-2013 
    Co-Chair, 2012 Annual Meeting 
    Section Council, At-Large Member, 2007-2012
  • The Real Estate Group
  • Bar Association of Montgomery County, Maryland
    Co-Chair Business Law Section, 2011-2013
    Business Law Section Advisory Council, Member, 2008-2011
  • International Council of Shopping Centers 
  • Virginia Bar Association,
    Young Lawyers Division Executive Council, 2003-2005
    Chair, Virginia Non-Profit Legal Support Program
  • VisArts, Member, Board of Directors
Education
  • University of Florida College of Law, 1997, J.D., with Honors
  • Emory University, 1994, B.A.
Bar & Court Admissions
  • Maryland
  • Virginia
  • District of Columbia
  • Florida