Henry S. Wulf

Integrated national and regional commercial property owners' property management practices with the firm's legal services to ensure timely exchange of information, identify legal issues before they become critical, address delinquent tenant issues as timely and forcefully as possible, and otherwise support the clients' strategic goals. Specific related efforts included establishing clear policy with clients on tenant defaults and involvement of legal counsel, creating lease form database accessible to both property managers and legal counsel, integrating lease collection activities (i.e., property manager prepares tenant invoices, legal counsel forwards invoices with legal demand notice to tenants), and creating forms for property managers' use in resolving situations before legal counsel is involved (i.e., abandonment confirmation, releases, certain default notices, etc.).

Represented nationwide retail chain concerning lease enforcement efforts against landlords, including enforcing exclusive use rights, disputing common area maintenance charges, determining liquidated damages resulting from failure to timely provide lease premises to tenant, enforcing self-insurance provisions, and otherwise resolving disputes concerning lease interpretation.

Represented landlord of marina concerning monetary and nonmonetary disputes under written lease including environmental issues.

Represented landlords and tenants concerning allegations of air quality/mold issues in lease premises.

Represented national retail chain in dispute with subtenant concerning exercise of self-help, which was preventing construction of retail store.

Represented nationwide retail chain concerning landlords' efforts to fabricate default in effort to cancel valuable long-term lease rights.

Real Property Litigation

Represented nationwide commercial property owners in efforts to enforce restrictive covenants against regional developer that was developing adjoining parcel.

Represented commercial condominium unit owner as to rights and obligations under condominium documents and adverse action by board of association.

Represented developer against local governments' efforts to prohibit development of multiacre parcel.

Represented purchaser of multiacre parcel concerning sale and lease-back transaction in which seller sought to have transaction recharacterized as a loan.

Represented title insurance companies concerning enforcing foreclosure redemption rights, resolving defective title contentions, resolving MRTA issues under Florida law, and otherwise defending title policy claims.

Represented property owners and developers concerning alleged environmental or conservation violations.

Represented multiple property owners concerning encroachment, easement, and other use issues involving adjoining property owners.

Represented numerous financial institutions enforcing rights under loans secured by real and personal property, including many loans exceeding $20 million in value.

Eminent Domain

Represented commercial property owners prior to initiation of eminent domain proceedings to prepare appropriate strategy to maximize valuation of property taken, to avoid actions that would negatively affect client's constitutional rights, and facilitate communications with tenants that may suffer negative impacts from anticipated taking.

Represented several developers in condemnation proceedings, including opposing reasonableness of taking, opposing scope of taking, determining fair market value of interests taken, and related proceedings.

Represented major developer concerning proposed taking of 70-plus acre parcel and established that fair market value on date of taking was more than 25 times greater than the value proposed by the condemnor.

Represented quasi-governmental agency in efforts to obtain, via eminent domain, sufficient real property to double track existing railroad line from Fort Lauderdale to West Palm Beach.

Represented property owners in raising inverse condemnation claims, including Bert Harris claim, pursuant to Florida Statutes.

Additional Matters

Represented landlords concerning tenants' bankruptcy filings, including seeking dismissal of bankruptcy filings on bad faith basis, seeking stay relief to complete eviction, requiring payment of administrative rent, and related landlord-related issues in bankruptcy.