Overview

David combines his experience in the energy and real estate industries to serve solar, wind and energy storage developers, independent power producers, utility companies, real estate developers, landlords, tenants and investors.

He takes a practical, solutions-oriented approach to help clients efficiently navigate legal and business issues, assess and manage risk, and successfully close transactions. David focuses his practice in the areas of energy project development and financing, commercial real estate transactions and leasing, and real estate aspects of mergers and acquisitions.

With a focus on project site control, he drafts and reviews wind and solar energy leases, and easement agreements, purchase agreements and other real estate documents. He has extensive experience with performing title and survey review and corrective work to obtain financeable site control.

David assists clients in reviewing, negotiating and drafting documents, such as purchase and sale agreements, leases and related documents, easements, declarations and conveyance documents. He also manages the review of due diligence materials for commercial real estate and energy transactions, including real estate agreement surveys, title commitments, proformas and underlying title exception documents.

Prior to joining Fredrikson, David served as the lead attorney in the acquisitions department at a real estate investment fund sponsor and manager based in St. Paul, MN. In this role, he worked with outside counsel and internal real estate teams on the review, negotiation and drafting of documents, conducted due diligence, and managed closings of property acquisitions and dispositions.

Services

Experience

Renewable Energy Law

  • Regularly represents leading renewable energy developers in connection with site control aspects of utility-scale wind, solar and energy storage projects, including advising on real estate matters, drafting, reviewing and negotiating leases and other real estate agreements, performing title and survey review, and preparing and reviewing amendments and other curative documents
  • Regularly advises developers and landowner group clients on real estate agreements and reviews template real estate agreements to ensure compliance with applicable state laws
  • Advises renewable energy developers and investors on real estate due diligence aspects of merger and acquisition transactions and financing, as well as post-closing real estate matters
  • Assisted tax credit syndication firm with roll-out of solar financing program, involving contract drafting, negotiation, financial modeling and other development services
  • Coordinated with investors, engineers, contractors and utility company representatives on behalf of solar energy developer to achieve financing and development of a portfolio of over 20 projects with various applications – from rooftop to ground-mounted to solar awnings

Real Estate Law

  • Represented a leading real estate investment fund sponsor in connection with the successful acquisition of a portfolio of 10 retail buildings and real estate in various states, including title and survey review, drafting and negotiation of closing documents and other closing matters
  • Regularly represents clients in commercial real estate leasing matters, including review of leased and owned real property documents in connection with mergers and acquisitions and drafting and negotiating leases, amendments, and related agreements
  • Represents developers in connection with their purchase of land for single-family home developments, including drafting and negotiating purchase agreements and amendments, as well as title and survey review
  • Represented a leading manufacturer in connection with the successful closing of its $23 million acquisition of a facility and real estate, including title and survey review, drafting and negotiation of closing documents and other closing matters
  • Represented an agricultural client in connection with the successful closing of its $1 million acquisition of a facility and real estate, including title and survey review, drafting and negotiation of closing documents and other closing matters
  • Supports the firm’s Mergers & Acquisitions department as a Real Estate Subject Matter Expert
  • Served as lead in-house attorney on net-leased commercial real estate transactions (acquisitions, dispositions and 1031 exchanges), with a focus on retail and medical uses
  • Conducted due diligence review of proposed acquisitions and managed acquisitions and dispositions closings on behalf of real estate funds and Delaware Statutory Trusts (DSTs)
  • Provided legal and development services as in-house attorney for affordable housing developer

Credentials

Education

  • Hamline University School of Law, J.D., 2011, cum laude
  • Marquette University, B.A., 2007

Admissions

  • Minnesota, 2011
  • North Dakota, 2020

Recognition

  • Best Lawyers: Ones to Watch, Energy Law, 2021-2025
  • North Star Lawyer, Minnesota State Bar Association, 2020-2022

Civic & Professional

Professional Activities

  • Minnesota State Bar Association (MSBA), Member
  • Hennepin County Bar Association (HCBA), Member
  • Minnesota Solar Energy Industries Association, Board of Directors, 2015-2016

Community

  • Northside Economic Opportunity Network (NEON), Board of Directors,
  • Patiently Waiting (Adoption Nonprofit Organization), Member

News & Insights

Publications & Presentations

Moderator, Repurposing Corporate Real Estate, Association for Corporate Growth Minnesota Luncheon, Minneapolis Club, Minneapolis, MN, November 13, 2023

Co-Presenter, Drafting Site Control Agreements for Renewable Energy Projects: Due Diligence, Threshold Considerations, Unique Terms, Strafford CLE Webinar, November 2, 2023

Co-Presenter, Identifying and Resolving Thorny Land Use Issues, MnSEIA Gateway to Solar Conference, October 10, 2023

Co-Presenter, Building Flexibility Into Your Lease: 10 Main Lease Provisions to Keep In Mind, Minnesota CLE Commercial Leasing Conference, September 28, 2022

Wind Leases and Easements from the Developer’s Perspective, State Bar Association of North Dakota Webinar, December 15, 2021

“Solar Installation is a Multi-Layered Process,” Minnesota Community Living Magazine, May/June 2015

Interviewed in “Riding the Solar Coaster: A Profile on Business and Law in a Solar Energy Start-Up,” Thomson Reuters Corporate Counsel Connect

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