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Hurricanes Harvey and Irma: Leasing and Insurance Guidance for Restoring Order After the Wind, Rain and Floods Have Gone


Speaker(s): Alan M. Di Sciullo, George P. Bernhardt, Marie A. Moore, Patrick T. Sharkey
Recorded on: Sep. 18, 2017
PLI Program #: 229379

Patrick T. Sharkey has over 40 years of experience as a commercial real estate attorney representing sophisticated clients in a diverse and dynamic blend of real estate transactions. Client engagements include the representation of landlords and tenants in office, industrial, retail, health care, and submerged land (Houston Ship Channel) leasing. His expertise also encompasses specialty leases, including data center leases, hospital leases, and ground leases for medical office buildings. In addition, Patrick has extensive experience in acquisitions and dispositions of office buildings, industrial properties, health care properties and undeveloped land, condominiums, and development of health care campuses. His practice also includes representing clients in intricate land transactions, land donation in lieu of condemnation, and property tax appeals.

Pat’s 40 years of experience in commercial real estate law enables him to provide his clients with creative, expedited service and results-oriented legal representation in all phases of commercial real estate.

PRACTICE EXPERIENCE

Leasing

  • Office Leases
  • Industrial Leases
  • Data Center Leases
  • Hospital Leases
  • Ground Leases
  • Submerged Land Leases

Acquisitions/Dispositions

  • Office Buildings
  • Industrial Properties
  • Apartments
  • Undeveloped Land
  • Easements
  • Power Plants
  • Houston Ship Channel Land (including submerged land)
  • Fast Food Restaurants
  • Condemnation / Land Donation
  • Automobile Dealership Properties

Real Estate Financing

  • Acquisition/Construction Loans
  • Modifications/Workouts/Foreclosures
  • Defeasance/Special Servicers’ Consent
  • Texas Counsel Opinion Letters

Condominiums

  • Creation of Condo Regime
  • Conversion to/from Condo Regime
  • Condominium Development Financing
  • Decondominiumization

Brokerage/Management

  • Commission Agreements
  • Management Agreements
  • Listing Agreements

Franchise Restaurants

  • Development Agreements
  • Franchise Agreements
  • Sale of Franchise Restaurants

CAREER HIGHLIGHTS

Among numerous closings on land, leases, office buildings, health care properties, and condominium transactions, several recent transactions epitomize Mr. Sharkey’s dedication to attaining his clients’ business objectives:
  • Represented NRG Energy, Inc. in sublease of over 431,000 square feet of office space at 910 Louisiana tower in downtown Houston, Texas. The transaction included four buildings and seven interrelated agreements and is one of the largest subleases in the history of Houston.
  • Represented major electric power company, as tenant, in successful negotiation of 10,000 square foot data center lease in west Houston. The lease involved landlord’s construction of a new data center facility, which necessitated the overlay of build to suit concepts with the technical service level provisions unique to data center leases.
  • Represented developer in the successful purchase of an office building in Houston. The unique feature of this transaction was the building’s primary tenant is an acute care hospital. Thus, the client’s services included unique health care oriented services for the hospital tenant.
  • Represented health care client in its successful sale of land for the development of a health care campus in San Antonio. Having represented the client in numerous sales and Ground Leases for the development of health care campuses in Texas, this transaction was the culmination of the client’s strategic plan for this health care property.

Whether the client’s project involves purchasing, selling, leasing, restructuring, or developing commercial real estate, Mr. Sharkey is committed to attaining the client’s objectives and adding value to the client’s business.

COMMUNITY

  • State Bar of Texas
    • Real Estate Section
  • American Bar Association, Real Property, Trust and Estate Law Section
    • Co-Chair, Corporate Sponsorship Committee, 2014-2017
    • Chair, Leasing Group, 2011-2013
    • Vice Chair, Leasing Group, 2009-2011
    • Chair of Office Leasing Committee, 2006-2009
  • Houston Bar Association
    • President, Real Estate Law Section, 1988-1989
    • Treasurer, Alternative Dispute Resolution Section, 2014-2016
  • American Arbitration Association, Commercial Arbitrator


Alan Di Sciullo, Esq.  is Director of Global Real Estate for Shearman & Sterling LLP.  In that capacity, he directs the firm’s worldwide real estate portfolio.  He has been a Senior Vice President with a major global banking organization working on its corporate real estate merger and acquisitions activities and was of counsel with a New Jersey law firm.  He clerked on the United States Tax Court for the Hon. John H. Sachs. The large portion of his career was with Morgan Stanley as a First Vice President and Senior Counsel where he was responsible for its real estate transactions and related litigation. Among the transactions Mr. Di Sciullo did at Morgan Stanley included the largest leases at the original World Trade Center totaling over 1.2 million sf and the claims and relocations following the 9/11 attack on the Towers, the development of the 600,000 sf Discover Card Headquarters in Riverwoods, Il., and over 200,000 sf for Dean Witter Trust’s headquarters in Harborside Plaza, Jersey City, NJ.

Mr. Di Sciullo has been active in civic and professional activities. He was a member of President Reagan’s Private Sector Survey on Cost Control (the Grace Committee) and was elected a fellow of the American College of Real Estates Lawyers (ACREL) in 2003. He currently is Section Vice Chair of the American Bar Association’s Real Property Trust & Estate (RPTE) Section with an expectation of chairing that Section in 2021. He has been a member of that Section’s Council and Planning committees and was a long-serving co-chair of the Group’s and Substantive Committee, Office Leasing Committee and various other lease-related committees. He had served as President of the New York chapter of the International Association of Corporate Real Estate Executives (NACORE), was a director on that organization’s international board of directors and was president-elect of its educational affiliate, the Institute of Corporate Real Estate. He served as an advisory member on the New York chapter of its successor organization, CoreNet Global. He chaired the West Windsor Planning Board between 1993 and 1997 and received numerous leadership and planning awards in that position.  He served as a director on the New Jersey Planning Officials board from 1996 to 2014. 

Mr. Di Sciullo is a co-author of a 2500 page treatise Negotiating and Drafting Office Leases (Law Journal Seminars-Press 1995), which is in its forty-fifth supplement.  He has been a frequent author and speaker on commercial real estate issues.

Mr. Di Sciullo is an adjunct Professor at New York University’s Schack Masters in Real Estate program and recently was honored for 25 years of service to the University. He has received NYU’s Outstanding Teaching and Services awards. He has also served on CoreNet Global’s MCR program faculty and has received several Outstanding Faculty awards from that Institute.

Mr. Di Sciullo has an undergraduate degree in Government and Economics (cum laude) from Georgetown University and his J.D. from the Georgetown University Law Center in law.  He also received an M.B.A. in finance from New York University.

He is listed as a Super Lawyer (2008) and in Who’s Who in America and the World and in companion publications for American Lawyers, Finance and Emerging Leaders.


Marie A. Moore, a member of the Firm, received her B.A. degree from the University of Alabama in 1975 and her J.D. degree from the University of Alabama in 1978, where she was a member of Order of the Coif and associate editor of the Alabama Law Review. She then served as a law clerk to the Honorable Robert S. Vance of the U.S. Court of Appeals for the 5th Circuit. Ms. Moore is a licensed member of the Louisiana and Alabama State Bars. Ms. Moore is a Fellow in the American College of Real Estate Lawyers and is a past chair of the Louisiana District Council of the Urban Land Institute, and was the inaugural president of New Orleans CREW. She is also on the council of the American Bar Association’s Real Property Trust & Estate Section, and is a past chair of the Leasing Group and the Corporate Sponsorship Committee. She practices in the areas of commercial leasing and real estate, construction, lending and general commercial transactions. She served as a member of the Louisiana State Law Institute's Committee for the Revision of the Louisiana Civil Code Articles on Lease. Ms. Moore is the co-founder and the inaugural President of New Orleans CREW. She frequently speaks at the ICSC Law Conference, Louisiana and Alabama CLE, ABA Real Property Trust & Estate Spring Symposia, and other seminars on the topics of lease, indemnity, insurance and other real estate matters. Ms. Moore has been named one of Louisiana’s Best Lawyers in the areas of real estate law, real and personal property leasing, commercial leasing and business law.

Areas of Practice

  • Commercial Leasing
  • Real Estate
  • Construction
  • Lending and General Commercial Transactions

Bar Admissions

  • Louisiana, 1981
  • Alabama, 1978

Education

  • The University of Alabama School of Law, Tuscaloosa, Alabama
    • J.D., With Honors - 1978
    • Law Review: Alabama Law Review
  • University of Alabama, Tuscaloosa, Alabama
    • B.A. - 1975