Successfully represented one of the nation's largest energy producers and transporters, Dominion East Ohio, in a case involving a natural gas supplier who placed restricted covenants on property deeds, forcing all owners and lessees to buy gas from it. The supplier sued Dominion when a commercial customer tried to enter into a new retail supply agreement with them. Courts struck down the covenant for lack of considerations and ruled the restriction as a violation of Ohio public policy.
David G. Baker
Dave Baker is Of Counsel with Bricker & Eckler's Real Estate group. He practices in the areas of real estate development and leasing, construction and permanent mortgage lending, and title insurance, with an emphasis in handling all aspects of real estate acquisitions, development and financing for major corporations, health care providers, investors and developers, including sale/leaseback and ground lease/leasehold transactions. He has considerable experience representing insurance companies, financial institutions, real estate investment trusts and other lenders in construction loans, development loans, permanent loans and troubled loan workouts, and representing major corporations in connection with their site selection, relocation and development efforts and economic incentives in Ohio.
Dave's experience, attention to meaningful detail, problem solving skills, common sense, resourcefulness, and work ethic give him the performance edge that clients recognize as added value to their projects. Clients count on Dave as a trusted adviser who can help them accomplish their goals.
- Assist Fortune 500 Companies in connection with locating operations centers, distribution centers and warehouses in Ohio, including rezonings, variances, environmental permittings and remediations, financings, and coordinating tax abatement and other economic incentives from state and local governmental agencies with the firm's state and local tax and public finance groups.
- Negotiate the turnover of a major manufacturing and high-tech repair facility on a US Air Force Base to a newly created Port Authority to facilitate the privatization-in-place of that facility and retention of jobs, and assist with leasing additional build-to-suit space for other tenants and expansion of the resulting Port Authority owned industrial park to create additional development sites and new jobs in the community.
- Negotiate build-to-suit leases with developers on behalf of industrial and manufacturing clients, including one of the state's largest employers, for manufacturing facilities, factory distribution centers, and warehouses, and negotiate related easements, construction contracts and energy contracts.
- Assemble land from multiple owners and clear the title to create manufacturing sites of desired size to accommodate office and warehouse space, as well as manufacturing space, including assembling over 800 acres for a $470 million brewery.
- Negotiate and document relocation of easements with public utility companies to clear a real estate site for a manufacturer's development.
- Represent parties in connection with facilitating economic incentives for manufacturers and financings for new construction through several of Ohio’s Port Authorities, including obtaining exemptions from sales taxes for otherwise taxable portions of the construction as a result of the Port Authority’s involvement.
- Lead counsel on single-family residential subdivision development, including development of customized deed restrictions and form multi-lot contracts for home builders.
- Lead counsel for major national office building and hotel developer, handling all aspects of Ohio transactions and acting as lead counsel for all out-of-state transactions, including $181 million, 48-story, 1,100,000 square foot office tower.
- Represent Central Ohio developer in creating Declaration and Design Guidelines for commercial retail subdivision, and prepare and negotiate contracts for sale of lots to local and national restaurants, hotels and retailers.
- Represent shopping center developers in connection with site acquisition, development, zoning, construction financing, leasing and permanent financing, as well as ground leasing and sale of outlots.
- Lead counsel for national rehab syndication developer, including $22 million 4-star luxury historic-rehab hotel.
- Lead counsel for foreign investor’s consortium in acquisition of then largest apartment complex in Central Ohio valued at over $20 million.
- Title insurance counsel for acquisition of fee and 99-year leasehold estates to assemble site for $100 million State of Ohio Office Tower.
- Lead counsel for development of luxury hotel in riverfront urban renewal project involving air rights, private and public financing and a joint venture of local businesses, including four Fortune 500 companies.
- Represent Trust Department of national financial institution in all aspects of sale and leasing of office and retail real estate, and reinvestment pursuant to deferred like-kind exchanges.
- Admitted by Courts as expert witness in cases involving complex real estate finance and title areas of law.
- Former member, past chairman, Downtown Council of Columbus Area Chamber of Commerce
- Created and raised contributions for student loan fund at Wittenberg University (John C. Lobach Memorial Fund)
- Member, President's Club of The Ohio State University and Heritage Society of Wittenberg University
- Member, Administrative Board, Trinity United Methodist Church; Chairman, Property, Worship, and Stewardship Committees,
- Chairman, Columbus Bar Association Real Property Committee, 1987 to 1989
- Member, the Ohio State Bar Association, Real Property Section Council, 1992 to 1998, and 1999 to 2010
- Lecturer, real estate topics, Columbus and Ohio Bar Associations
- Recognized, ChambersUSA, Real Estate Law with a Senior Statesman ranking, 2015; Band 1 ranking, 2010-2014; Band 2 ranking, 2008-2009
- Listed, Ohio Super Lawyers (real estate law) 2004-2016; selected, top 100 Ohio lawyers (all fields of law) 2009
- Listed, Best Lawyers in America (Real Estate Law) 1989-2016
- Columbus Lawyer of the Year, Best Lawyers in America (Real Estate Law) 2009
- Ranked, AV Preeminent, Martindale-Hubbell
- Elected, Fellow of the American College of Real Estate Lawyers
- Listed, Who's Who in American Law
- Listed, Who's Who In Commercial Real Estate, Business First, July 18, 1994
- University of Michigan (J.D., 1972)
- Wittenberg University (B.S., 1969); Member, Blue Key Men's Honorary; Tau Pi Phi Economics Honorary
Bricker & Eckler attorneys selected for inclusion in the 2016 Ohio Super Lawyers list
Best Lawyers recognizes Bricker & Eckler attorneys
Bricker & Eckler attorneys named Ohio Super Lawyers, Ohio Rising Stars
Best Lawyers recognizes Bricker & Eckler attorneys
Provided representation to a bank trustee controlling nearly 4,000 acres of mineral rights in eastern Ohio. Beginning with the negotiation of an above-market-value oil and gas lease, which resulted in an initial payment to the trust of tens of millions of dollars, we provided related legal services, including the completion of title curative work, lease maintenance activities and the negotiation of ancillary agreements.
Represented the trust department of a national financial institution in all aspects of the sale and leasing of office and retail real estate and the reinvestment pursuant to deferred like-kind exchanges.
Negotiated build-to-suit leases, related easements, construction contracts and energy contracts on behalf of manufacturing facilities, factory distribution centers and warehouses, including one of the state's largest employers.
Negotiated and documented the relocation of easements with public utility companies in order to clear a site for a manufacturer's development.
Assisted several Fortune 500 companies in locating their operations centers, distribution centers and warehouses in Ohio. Projects involved rezonings, variances, environmental permittings and remediations, financings, and coordinating tax abatement and other economic incentives from state and local governmental agencies.
Negotiated the turnover of a major manufacturing and high-tech repair facility on a U.S. Air Force Base to a newly created port authority. The project facilitated the privatization-in-place of that facility and the retention of jobs. We assisted with leasing additional build-to-suit space for other tenants and the expansion of the resulting port authority-owned industrial park to create additional development sites and jobs.
Facilitated economic incentives and new construction financings for manufacturers through several of Ohio’s port authorities, including exemptions from sales taxes for portions of the construction.
Assisted a major national office building and hotel developer, handling all aspects of Ohio transactions and out-of-state transactions, in the development of a $181 million, 48-story, 1,100,000 square foot office tower.
Counseled a luxury hotel in a riverfront urban renewal development project involving air rights, private and public financing and a joint venture of local businesses, including four Fortune 500 companies.
Served as title insurance counsel for acquisition of fee and 99-year leasehold estates to assemble site for a $100 million State of Ohio office tower.
Assembled land from multiple owners and cleared the title to accommodate office and warehouse and manufacturing space, including over 800 acres for a $470 million brewery.