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Marc B. Bergoffen is committed to 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.

Representing clients with local, regional and national real estate interests, Marc focuses on a variety of matters with an emphasis on the acquisition, disposition, management, leasing and financing of various real estate asset types, including office, retail, industrial and multifamily.  

In addition, Marc has significant experience supporting restaurant owners throughout the life-cycle of their business, from initial fundraising to entity creation to operations.  Clients appreciate the depth and breadth of Marc’s experience and his ability to collaborate with attorneys in other practice groups to respond to the full range of their legal needs.

Marc regularly represents clients in the negotiation and preparation of various real estate documents relating to the development of solar energy facilities. His familiarity with the industry and experience with the processes for obtaining approvals from the State Board of Public Works helps cut through the red tape that might otherwise delay a project.

He frequently negotiates on behalf of retail, office and multifamily property owners in real estate-related telecommunications agreements — from access license agreements to rooftop antenna leases to Distributed Antenna Systems (DAS) leases.   Marc’s prior experience representing telecommunications companies provides him with a unique perspective and understanding of their goals, helping him to skillfully advise and position clients in their negotiations.

A recognized leader in his field, Marc serves on the Advisory Board for the Georgetown University Law Center’s Advanced Commercial Leasing Institute. He is a member of the Maryland State Bar Association, past Chair of the Real Property Section and is active in the Mid-Atlantic Division of the International Council of Shopping Centers and the Bar Association of Montgomery County, MD.

Marc is admitted to practice in Maryland, the District of Columbia, Virginia and Florida.

Professional & Community Affiliations

  • Advisory Board Member, Georgetown University Law Center Advanced Commercial Leasing Institute
  • The Real Estate Group
  • International Council of Shopping Centers 
  • 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
  • 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

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 Washingon, 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.

Publications

  • 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

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