Mark S. Hennigh

A founding partner of Greene Radovsky Maloney Share & Hennigh LLP, Mark provides legal counsel in a broad range of real estate transactions, including leasing, acquisition, construction, financing, development, tax-deferred exchanges, energy, environmental, and regulatory. He represents lenders, owners, developers, landlords, constructors of power plants, office buildings, regional and strip shopping centers, and industrial/warehouse facilities. His tenant clients include nationally recognized retailers and restaurants, law firms, accountants, motel and hotel owners/operators, software/computer companies, dispute resolution providers, and consultants.

Mark also has a substantial energy practice, focusing on all aspects of representation of independent power producers, lenders, construction contractors and landowners, including financing, development, acquisition, fuel and power purchase agreements, FERC certification, environmental permitting, and advice on navigating the deregulated electric industry in California. Mark’s energy practice also includes representation of a power plant design/engineering firm.

Mark is a LEED accredited professional.

ALTERNATIVE ENERGY PROJECTS:

Solar Projects

Webberville Solar Project, Austin, Texas – 30 MW

Landowner Representation – Utility Scale Photovoltaic Project – Monterey and San Luis Obispo Counties, California

National Industries, San Francisco, California – Solar Power Partners rooftop photovoltaic system

National big box retailer, California and Arizona – – 40 to 60 stores – Negotiated Sunpower photovoltaic rooftop system, negotiated master power purchase agreement and master lease

Utility Scale Solar Project – San Bernardino County, California

Representative Solar Clients

Cogenra   |   Foresight Solar   |   Moncada Energy USA   |   Agave Partners

A G Power Solutions BV   |   Renewable Energy Systems

Wind Projects

Cedar Point, Colorado – 250 MW

Talbot, Ontario Canada – 99 MW

Greenwich, Ontario, Canada – 99 MW

Landowner Representation, Tehachapi, California – Approx 300 MW

Buena Vista, Altamont Pass, California – 30 MW

Tres Vaqueros, Altamont Pass, California – 30 MW

Patterson Pass, Altamont Pass, California – 30 MW

Cameron Ridge, Tehachapi, California – 60 MW

Pacific Crest, Tehachapi, California – 46.9 MW

Llano Estacado, Clovis, NM – 0.66 MW

Woodward Mountain, TX – 160 MW

King Mountain, TX – 278 MW

Nine Canyon, Washington State – 48.1 MW

Nine Canyon II, Washington State – 15.6 MW

Sweetwater Wind Project Phase 2, Sweetwater, TX – 91.5 MW

Ainsworth Wind Project Ainsworth, NE – 59.40 MW

Hopkins Ridge Wind Farm Dayton, Washington – 149.4 MW

Wild Horse Wind Farm, Ellensburg Washington – 230 MW

Mesquite Wind Farm Abilene TX – 100 MW

Sweetwater V Wind Project, Sweetwater TX – 200 MW

Post Oak Wind Project Abilene TX – 200 MW

White Creek Wind Project – 205 MW

Marengo Wind Farm Dayton, Washington – 140.4 MW

Bridger Butte, Wyoming

Somerset, Pennsylvania

Montezuma Hills, Rio Vista, California – 162 MW

Grapevine Canyon, Flagstaff, Arizona

Hatchet Ridge, Shasta, California – 99 MW

Hydro Quebec RFP, Quebec, Canada

Owaissa, Arizona

Fenton, Murray and Noble Counties, Minnesota – 205.5 MW

Chandler, Minnesota

High Plains, Albany and Carbon Counties, Wyoming – 99MW

Bull Creek III, Borden County, Texas – 180 MW

Armenia Mountain, Tioga and Bradford Counties, Pennsylvania – 100 MW

Granite Mountain, San Bernardino County, CA – up to 70 MW

Harvest Wind, Roosevelt Washington – 98.9 MW

Biomass

Big Island, Hawaii   |   San Joaquin Valley Energy Partners I

Chowchilla I   |   Chowchilla II   |   El Nido   |   Madera

Cogeneration Projects

Jackson Valley Energy Partners, Ione, CA

OTHER PROFESSIONAL EXPERIENCE

Representative Transactions

• Assist in development of San Mateo County landfill gas project
• Acquisition and redevelopment of major hotel in Chevy Chase, Maryland
• Development of shopping center in Marin County, California
• Representation of bank “tax equity” participant in 200 MW wind project
• Acquisition of San Francisco Port lease and vessel
• Financing of 100-unit residential and commercial condominium project in Oakland, California
• Sale, reverse exchange and Starker exchange of multiple San Francisco Financial District office buildings
• Lease of industrial warehouse in Tennessee
• Sale of optical company facility in Portland, Oregon
• Negotiation of turbine supply agreements with Siemens, Vestas and General Electric
• Negotiation of stock sale of independent wind developer
• Advise and structure start-up wind developer (including debt and equity)
• Negotiations with Safeway and Albertson’s regarding development and site disposition
• Negotiate wind development options and leases in Altamont Pass, California
• Represent Italian investors in Starker exchange of California properties for New York, Florida and California properties

 

Current and former entertainment, hotel and restaurant clients, venues and projects upon which Mr. Hennigh has worked

• Bill Graham Presents
• Shoreline Amphitheatre, Mountain View, California
• Concord Pavilion, Concord, California
• Warfield Theatre, San Francisco, California
• Punchline Comedy Club, San Francisco/Oakland, California
• Wolfgang’s Nightclub, San Francisco, California
• Bimbo’s 365, San Francisco, California
• Fillmore East, New York, New York
• Wiltern Theatre, Los Angeles, California
• Max’s Opera Café, San Francisco, California
• In-N-Out Burger, multiple locations, Northern California
• Mountain Aire Festival, Angels Camp, California
• Curran Theater, San Francisco, California
• Canterbury Hotel, San Francisco, California
• Mark Hopkins Hotel, San Francisco, California

PUBLICATIONS

• Pennies From Heaven: Solar Power in the Retail Sector, International Council of Shipping Centers U.S. Shopping Center Law Conference, November 2010
• Stick It Where The Sun Shines: Solar Power as Viable, Desirable and Profitable Opportunity for Shopping Centers; (with Ed Feo and Marc Gordon) International Council of Shopping Centers 2010 U.S. Shopping Center Law Conference.
• Spring 2009 Seminar Group – Los Angeles, California: Co-Chair (with Ed Zaelke) “Developing Wind Power in California”
• November 2009 Seminar Group – Seattle, Washington: “Equipment and Infrastructure Development – Developing Wind Power in the Pacific Northwest”
• March 2010 (American Law Institute – American Bar Association) Webinar and Teleseminar – Wind Farm Development
• “Tax Considerations Affecting Construction Allowances and Disposition of Leasehold Improvements;” (with Stephen A. Bonovich), California Real Property Journal, Vol. 16, No. 2, Spring 1998; updated ICSC U.S. Shopping Center Law Conference, October 1999; updated ICSC U.S. Shopping Center Law Conference, October 2001.
• “Anatomy of a Lease III: Enforcement Mechanisms for Landlords/Tenants;” “Lease Provisions to Assure Tenant/Landlord Performance,” (with Ira Fierstein and Janis B. Schiff); ICSC U.S. Shopping Center Law Conference 1998 Vol. II; © 1998 International Council of Shopping Centers, Inc.
• “Disbursing Shopping Center Construction Allowances: Tax and Bankruptcy Considerations;” (with Arthur S. Waldstein, Lawrence B. Silver, and Elizabeth Belkin), ICSC U.S. Shopping Center Law Conference 1997 Vol. II; © 1997 International Council of Shopping Centers, Inc.
• “Niches and New Plays for Real Estate Lawyers-Subleasing and Other Transfer Transactions,” (with Thomas M. Feldstein), California Continuing Education of the Bar; © 1997
• “Landlord Perspectives on Survival and Exit Strategies Proposed by Tenants;” U.S. Shopping Center Law Conference 1996; © 1996 International Council of Shopping Centers, Inc.
• “Tax Issues Related to Construction of Tenant Improvements;” U.S. Shopping Center Law Conference 1996; © 1996 International Council of Shopping Centers, Inc.
• “Liability Arising from Third Party Criminal Acts;” U.S. Shopping Center Law Conference 1996; © 1996 International Council of Shopping Centers, Inc.; 1996 update.
• “Legal Construction Issues,” Key Shopping Center Legal Issues, p. 25 (compiled and edited by Elizabeth H. Belkin, Esq.); © 1995 International Council of Shopping Centers, Inc.
• “Allocation Between Landlord and Tenant of Liability Arising from Third-Party Criminal Acts;” © 1995 International Council of Shopping Centers, Inc.
• “Limited Liability Companies: A New Structuring Alternative;” (with Elizabeth H. Belkin, Esq. And Arthur S. Waldstein, Esq), Shopping Center Legal Update; © 1993.
• “Tenants in Trouble;” (with Edward A. Cherry and Janet A. Nexon), Building Owners and Managers Association of San Francisco Conference, April 21, 1993.
• “Assignment and Subleasing-Signs of the Times;” (with Elizabeth H. Belkin and Arthur S. Waldstein; orig. © 1990); “Lease Clauses That Will Always Be Debated” (with Joel R. Hall and Elizabeth H. Belkin; orig. © 1991); “Crafting Lease Clauses: Selections from the ICSC U.S. Shopping Center Law Conferences 1990-1993,” E. John Caldecott, Howard E. Kane, Editors; © 1994 International Council of Shopping Centers, Inc.
• “Consent to Assignment and Subleasing-Must the Landlord Be Reasonable?”; (with Elizabeth H. Belkin and Arthur S. Waldstein).
• “Increasing Profitability by Understanding Tax Issues-A Little Knowledge Can Be Very Helpful;” (with Gary G. Belkin and Dennis J. Carlin); © 1993; ICSC U.S. Shopping Center Law Conference 1993.
• “Radius Restrictions Revisited;” (with Elizabeth H. Belkin and Arthur S. Waldstein; © 1991), American Bar Association, 1992 Annual Convention.
• “Tenants in Trouble-Alternatives to Consider,” ICSC U.S. Shopping Center Law Conference 1992; © 1992 International Council of Shopping Centers, Inc.

   FREQUENT SPEAKER FOR

• American College of Real Estate Lawyers
• Practicing Law Institute
• California Continuing Education of the Bar
• Continuing Legal Education
• Building Owners and Managers Association
• International Council of Shopping Centers
• American Law Institute – American Bar Association