Representative Experience

Development Permitting
Obtained development approvals for a broad range of development projects including:

• mixed-use
• condominiums
• residential subdivisions
• planned unit developments
• master planned communities
• apartments
• office
• industrial
• golf courses

Impact Mitigation and Vesting Agreements
Negotiated and drafted development agreements and impact mitigation agreements relating to traffic, water quality, affordable housing, park, fire, water, sewer and other impacts for residential, industrial, office and mixed-use developments.

Successful defense of appeals challenging sufficiency of environmental review and impact mitigation.

Environmental Regulations
Counseled private and public clients on interpretation and implementation of State Environmental Policy Act (SEPA), as well as legislation regulating shoreline, wetland, steep slope, aquifer recharge and other environmentally sensitive areas.

Represented private clients in obtaining permits for shoreline and wetland development and in administrative hearings at the local and state level.

Negotiated with local and state officials on interpretation and amendment of local and state environmental laws and regulations and impact agreements.

Initiated and defended SEPA and Shoreline Act appeals.

Brownfield Development
Managed extensive project planning and feasibility analyses for remediation and redevelopment of a highly-contaminated 20-acre site as part of a sixty-eight acre master planned development. This redevelopment process included public/private partnering and negotiation with both a city, state and federal agencies to design, fund, permit and construct a $75 million freeway interchange improvement.

Comprehensive Plan and Zoning Amendments
Drafted, and obtained approval of rezones and land use plan amendments required to allow development projects to go forward.

Municipal Law
Served as city attorney and special counsel to over a dozen Washington cities, several Washington counties, utility and other special districts, as well as an Idaho city and a California special purpose district. Responsibilities have included strategic counsel and advice to mayors, council members, department heads and staff on a wide range of legal and political issues, with an emphasis on land use regulation and development permitting.

Public Facilities
Negotiated and drafted agreement for four-mile extension of sewer line to serve master planned developments.

Negotiated and drafted agreement to design, construct and fund toll road project.

Negotiation of a complex agreement to resolve conflicting claims and needs for property planned to be part of the $430 million Seattle Professional Football Stadium and Exhibition Hall project. Successful negotiation of agreements among the private project developer and four governmental entities allowing the project to move forward on schedule, and including the acquisition on behalf of the developer of the rights to construct a major mixed-use neighborhood development adjacent to the Seattle Stadium District.

Negotiated and drafted agreements between counties, cities, special districts and private solid waste companies and lenders for financing, design and construction of solid waste handling facilities and long-term transport and disposal of solid waste.

Directed city process in formation of many local improvement districts for financing and construction of roads and utilities, including extensive work with appraisers in property valuation and formulation of assessment rolls. Litigation and defense of appeals contesting local improvement district assessments.

Negotiated and drafted street and utility latecomer agreements.

Real Estate Acquisition
Negotiated purchase terms and managed due diligence for assembly of more than sixty acres of downtown Seattle real estate with value in excess of $200 million, including a complex $20 million acquisition from the City of Seattle.

Negotiated property acquisitions for major private and municipal construction projects, including office and residential developments, fire and police stations, city halls and street and utility extensions.

Real Estate Development
Formed joint ventures for development of:

• 500,000 square foot four-building technology/office project with street-level retail and underground parking
• 550,000 square foot mixed-use complex including retail, hotel, residential condominiums and underground parking
• five-star hotel/luxury condominium/Class A office complex with street-level retail and public park over underground parking
• 160-unit residential project with street-front retail
• 80,000 square foot Class A office project with street-level retail
• 120,000 square foot biotech research/laboratory center with ground-floor conference facility and restaurant

Prior Experience
Co-founder and Chief Operating Officer
Milliken Martin LLC
Broad creative, strategic and managerial responsibility for development of urban infill mixed-use projects

Principal and CEO
The Justen Company LLC
Strategic real estate advice regarding value creation, complex entitlement processes, alternatives evaluation, sales and dispositions, market evaluation, and schedules and budgets for development projects

Real Estate Advisor and Vice President of Real Estate
Vulcan Inc./Vulcan Northwest Inc.
Principal real estate strategist and advisor to Microsoft co-founder Paul Allen and his companies, including overall responsibility for acquisitions, project planning, feasibility analyses, strategic partnerships and development, and participation in special projects teams in development of professional sports stadium, exhibition center, museums and other public and private facilities.

Partner
Foster Pepper & Shefelman PLLC
Legal representation of real estate development companies, property owners and institutions in all facets of land use law and real estate development. Repre-sentation of Northwest counties, cities, and utility districts, as well as of private clients, on major public/private infrastructure financing and construction projects.

Associate, Partner
Ogden Murphy Wallace
Representation of local governments in all facets of municipal law, with emphasis on regulation of land development. Representation as city attorney or special counsel for the cities of Redmond, Edmonds, Bothell, Tukwila, Issaquah, Mill Creek, Winslow, and Poulsbo, as well as for Grays Harbor County, Lewis County and other jurisdictions within Washington

Memberships and Activities
Washington State Bar Association

Urban Land Institute

National Association of Industrial and Office Properties (NAIOP)

Education
J.D. with high honors, University of Washington School of Law

B.A., Western Washington University