Bradley E. Marcum

A focus of Brad's practice is the provision of legal opinions in connection with commercial financing and real estate transactions ranging from local enforceability opinions to full opinions involving authority, authorization, enforceability, choice of law, creation and perfection of security interests in connection with complicated and high stakes matters. He has extensive land use and zoning experience in New Jersey and Pennsylvania and assists in zoning applications, appears before public boards, coordinates with various local municipality stakeholders, and drafts detailed zoning analyses for complex projects.

Brad also understands how the tides are turning towards more sustainable energy practices and he guides clients through the negotiations of solar leases and power purchase agreements. He counsels clients through the daunting real estate issues involved in the development, construction, and operation of solar facilities.

Representative Experience

Results may vary depending on your particular facts and legal circumstances.

Brad has worked on a wide variety of real estate matters including:

• Represented a developer in connection with several ground up high-end multifamily and mixed-use projects (+$130 million) throughout California and Florida involving purchase and sale agreements, land financing, joint venture agreements, construction financing, management contracts, joint development agreements, easements, permit compliance, private placement memorandums, and commercial leasing.
• Represented developers in the negotiation and structuring of multiple joint venture arrangements with publicly traded REITs in connection with multifamily and mixed-use developments across several states, each with total project costs exceeding $100 million.
• Represented an investor in the structuring and negotiation of a joint venture for the acquisition, management, and resolution of distressed loan portfolios, with a focus on risk allocation, governance, and value maximization strategies.
• Represented a developer in the structuring and negotiation of joint venture agreements for the acquisition, redevelopment, and strategic repositioning of gas station assets.
• Represented a large university in connection with several high-dollar-value real estate acquisition and development projects that are often multi-year transactions requiring the navigation of complex title issues as well as environmental contamination.
• Represented a national REIT across several states with respect to commercial shopping centers that involved intricate purchase and sale agreements, leases, easements, declarations/restrictions, and development agreements, including the counseling of the client on the formation of a condominium structure in the Commonwealth of Pennsylvania in order to permit the client to sell a Pennsylvania Whole Foods parcel for $27 million under strict timing requirements where a subdivision was not feasible.
• Represented numerous national warehouse developers and operators with respect to numerous power purchase agreements and solar leases across a portfolio of warehouses encompassing over 2.5 million square feet of roof space for solar panels.
• Represented a large South Korean bank in connection with the permanent financing of several mixed-use and student house projects in the United States with loan amounts ranging from $49 million to $120 million.
• Represented a national company in the acquisition and disposition of several warehouse projects in New Jersey.
• Act as local counsel across New Jersey and Pennsylvania for one of the world’s largest alternative asset managers, which involves the drafting of local counsel opinions for financings often totaling over $250 million, advising on purchase and sale agreements and leases, and advising on local legal requirements and customary practices.

Prior Experience

Prior to joining Faegre Drinker, Brad worked at a Delaware firm that serves business, real estate, zoning, and land development needs in Delaware and the surrounding region. Immediately following law school, Brad served as a federal judicial law clerk for Senior Judge Robert F. Kelly of the U.S. District Court for the Eastern District of Pennsylvania.