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, industrial and multifamily.
He also regularly represents property owners in the negotiation of various real estate-related telecommunications agreements, from rooftop antenna leases to DAS and other telecommunications access license agreements for retail, office and multifamily properties.
Marc regularly represents a number of clients in the negotiation and preparation of various real estate documents related to the development of solar energy facilities.
His business transactional experience includes assisting restaurant owners in initial fundraising and operational issues as well counseling on transactions and leasing matters.
Examples of transactions Marc has successfully completed on behalf of his clients include:
REAL ESTATE AND BUSINESS TRANSACTIONS
- Representation of the Maryland Department of Transportation as outside real estate counsel in joint development projects across Maryland, including the largest Transit-Oriented Development (TOD) in Maryland history, 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 involving more than $250 million in transactions;
- Representation of a professional sports league players' union with respect to its real estate assets;
- Representation of a national real estate investment trust (REIT) in the acquisition and leasing of a 2.8 million square foot portfolio of office buildings in Rosslyn, Virginia and Washington, DC;
- Representation of a national REIT in the acquisition and financing of approximately 500,000 square feet of 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 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 a national banking institution as Maryland and Virginia real estate counsel in multi-state sale of branches to financial services REIT;
- 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.
TELECOMMUNICATIONS REAL ESTATE TRANSACTIONS
- Representation of a publicly traded REIT as portfolio counsel in the negotiation of antenna leases, MDU marketing and access license agreements for multifamily properties, and telecommunications access license and DAS agreements for retail and office properties;
- Representation of a public hotel REIT in the negotiation of various telecommunications leases, access licenses and DAS agreements across the country; and
- Representation of property and tower owners in the negotiation of various telecommunications leases and agreements.
SOLAR ENERGY TRANSACTIONS
- Representation of a major utility company in the creation and negotiation of ground leases, option and purchase agreements, as well as other real estate documents in connection with the development of an approximately 1,000-acre 150 megawatt (MW) solar energy project located on the Eastern Shore of Maryland;
- Representation of a national renewable energy company in the creation and negotiation of various real estate documents in the development of approximately 300 MW of solar energy generating facilities across approximately 6,000 acres of land in Maryland and Virginia;
- Representation of a national renewable energy company in the development of real estate documents for the development of solar energy generating facilities in urban and agricultural areas across Maryland; and
- Representation of a national renewable energy company in the negotiation of various real estate documents as well as title and survey matters in connection with the development of a solar energy-generating facility on federal government-owned land.
Marc is admitted to practice in Maryland, the District of Columbia, Virginia and Florida. A member of the Maryland State Bar Association, he is a 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.
- CLE Speaker, “Wireless Infrastructure Leasing and Licensing: What Makes Pokemon Go”, Advanced Real Property Institute, Maryland State Bar Association, September 2016
- CLE Speaker, “Traps For The Unwary: Lease Clauses That Get No Respect in the LOI”, 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
- Maryland State Bar Association - Advanced Real Property Institute Seminar
September 27, 2016
- Traps for the Unwary: Lease Clauses That Get No Respect in the LOI
October 1, 2014
Professional & Community Affiliations
- The Real Estate Group
- International Council of Shopping Centers
- Maryland State Bar Association, Real Property Section
Co-Chair, 2012 Annual Meeting
Section Council, At-Large Member, 2007-2012
- Bar Association of Montgomery County, Maryland
Co-Chair Business Law Section, 2011-2013
Business Law Section Advisory Council, Member, 2008-2011
- Virginia Bar Association
Young Lawyers Division Executive Council, 2003-2005
Chair, Virginia Non-Profit Legal Support Program
- VisArts, Member, Board of Directors, 2015-present