Cheffy Passidomo

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821 Fifth Avenue South

Naples, Florida 34102

Telephone:
239-261-9300

Facsimile:
239-261-9782 (Main)
239-261-0884 (Real Estate Department)

Email:
CP@napleslaw.com

Trial and Litigation

The firm handles a wide variety of civil litigation matters, including:

• business and contract disputes
• construction litigation
• probate litigation
• product liability
• bankruptcy
• foreclosure
• lender liability
• condominium and homeowner association litigation
• personal injury and wrongful death cases

The firm has a special interest in complex, novel and difficult cases. The attorneys in the Trial and Litigation Department seek to develop creative and effective strategies to achieve each client’s objectives through negotiation or trial, and they strive to combine prudent business counsel with zealous advocacy. Two of the firm’s
lawyers are Board Certified by The Florida Bar as specialists in Civil Trial Law, two are Board Certified as specialists in Business Litigation Law, and one is Board Certified as an Appellate Practice Attorney.

Real Estate and Banking

Condominium and Cluster Housing

The firm represents several successful residential real estate and mixed use developers in projects throughout the State of Florida.  Our typical services include representing the developer in acquiring the undeveloped land, securing land use entitlements from the State and local governments, and, with our staff of experienced paralegals and state of the art equipment, providing closing services for the sale of individual units.

 

We routinely prepare project-specific governing documents for residential, commercial, and mixed-use developments, including neighborhood restrictions and declarations of condominium, sales contracts, residential and commercial leases, and related disclosure documents.

 

Our firm has extensive experience in compliance with related consumer protection laws, including the Real Estate Settlement Procedures Act, Florida Condominium Act, the Interstate Lands Sales Full Disclosure Act, and the Florida Uniform Land Sales Practices Act.

 

Commercial Real Estate

Our commercial real estate group provides a broad range of services for our commercial real estate clients.  We routinely represent both buyers and sellers from contract through closing and are experienced in such diverse transactions as the purchase and sale of multi-unit apartment buildings, shopping centers, office and retail buildings, raw land, and stand alone commercial sites.

 

In addition to our commercial closing services, we assist clients with due diligence, title and survey issues, financing, commercial leasing, and formation of commercial condominiums and land condominiums.  We also have extensive experience in negotiating and drafting construction contracts for both renovation of existing commercial buildings and new construction.

 

Residential Real Estate

Our real estate practice team is very experienced in advising parties on matters involving residential property and closing residential real estate transactions.  Our deep staff of paralegals is well complemented by a full array of cutting-edge title search and closing software.

 

We routinely represent buyers and sellers in residential property transactions, including the preparation or review of the initial purchase offer, subsequent contract administration, and drafting or reviewing related closing documents.  As agents for several title insurance underwriters, we often issue title insurance coverage for the benefit of buyers and their lenders.

 

Our involvement in residential purchases and sales includes completing Section 1031 tax deferred exchanges for investment properties, assisting new Florida residents in establishing their Florida homestead, and closing on acquisition loans.  We also advise property owners in residential landlord/tenant matters and in negotiating residential construction contracts.

 

Marinas and Water Rights

The firm has an established practice in representing marina developers and operators.  We have advised clients in the development of both wet and dry boat storage projects, including the development and operation of marinas on submerged lands leased from the State of Florida and local government.

 

We also assist these clients in securing necessary State, Federal, and local governmental approvals for their marina projects, and in preparing appropriate agreements and governing documents for the resulting developments.

 

Our typical services include advising clients through each stage of the marina development and operation, including researching and establishing our clients’ riparian rights, negotiating submerged land leases with the State of Florida, creating an appropriate mechanism for selling or leasing the slips, and closing on the sale or transfer of slips to the end-users.

 

Commercial Leasing

Our commercial leasing
lawyers work with both landlords and tenants in negotiating and drafting office, retail, warehouse, and industrial leases in a wide variety of transactions.  We have experience in an array of commercial leasing settings, including shopping centers, multi-tenant buildings, mixed use residential and commercial buildings, industrial and warehouse space and standalone buildings.

 

We have also successfully worked with many major franchisees.  We keep our finger on the pulse of market trends and use that experience in aggressively representing our clients’ interests in commercial leasing negotiations.

 

Construction Contracts and Construction Lien Law

We represent both owners and contractors in construction contract drafting and negotiation and work closely with our litigation department to ensure compliance with the intricacies of Florida’s construction lien laws.

 

We have a broad range of experience in working with the various AIA form documents and often modify these documents, or draft custom construction contracts, depending on each individual client’s needs.

 

In addition to serving our client’s contractual needs, we assist with construction financing, on both the owner and lender sides, monthly draw requests, review of documentation, and drafting of the various documents required under Florida law prior to payment of a draw.  Together with our litigation department, we also represent clients in the prosecution and defense of construction liens.

 

Banking and Lending

We regularly represent both lenders and borrowers in sophisticated loan transactions, including commercial and residential real estate acquisition and development loans, business acquisition loans, business loans for operating capital, and individual personal loans.

We are experienced in drafting loan documents to effectively secure loan obligations using various forms of collateral, and we often assist distressed borrowers in negotiating releases from their loan obligations.  We also advise lenders regarding compliance with Florida and United States lending laws, and we assist residential developers in qualifying their projects for the federal Fannie Mae loan program.

Business

Corporate, Partnership, Business, Tax

The firm is actively engaged in a wide range of business and tax law matters.  Our firm represents clients in matters pertaining to the creation and operation of their businesses, whether as corporations, partnerships, limited liability companies, or other forms of business entities.

 

These matters include choice of entity, formation, buy-sell and other agreements among owners, employment and licensing, mergers and reorganizations, joint ventures, acquisitions and sales of businesses or divisions or assets, borrowing and lending activities, preparation and review of contracts and agreements, and all other aspects of business operations and transactions.

 

Our representation of clients also includes federal income tax analysis, planning and compliance with respect to individuals, corporations, partnerships, and limited liability companies.

 

Land Use

Land Use (General)

The firm’s attorneys have experience, skill, and expertise in a broad range of zoning and land use matters.  We have represented developers and land owners in acquiring land use approvals for mixed use developments, golf course developments, shopping centers, marinas, office buildings, hotels, resorts, residential subdivisions, and industrial and business parks.

 

Our practice includes prosecuting petitions for Planned Unit Developments, rezones, comprehensive plan amendments, annexations, variances, site plans, subdivision plats, and conditional uses; partnering with local governments on municipal parking garages, affordable housing initiatives, and other public projects; defending against takings by governmental agencies and certiorari challenges by third parties in circuit court and on appeal; and prosecuting Bert Harris and other compensatory claims, vested rights actions, and appeals.

 

Land Use (Developments of Regional Impact)

The firm has an established practice of sheparding landowners and developers through the land use entitlement process for major developments, which typically entail Development of Regional Impact (DRI) review.  Members of the firm have been land use counsel for approximately 25 DRIs, from Pelican Bay, one of the first in Southwest Florida, to the new Town of Ave Maria, which includes Ave Maria University.

 

Such representation routinely includes necessary Growth Management Plan Amendments, coordination with and representation before Regional Planning Councils, the Department of Community Affairs, and local governments and their staffs.

Land Use (Rural Land Stewardship)

Members of the firm were instrumental in the first implementation of a Rural Land Stewardship Area (RLSA) Program in Florida.  Such programs are authorized by F.S.163.3177(11)(d), Florida Statutes.

 

The Collier County Rural Land Stewardship Overlay District encompasses approximately 200,000 acres and provides an innovative incentive based program designed to protect important ecological resources, protect prime agricultural areas, and promote sustainable compact development forms.

 

The firm also represented the landowner and development entity who first utilized the RLSA program, which protected approximately 17,000 acres of important wetlands and wildlife habitat and gained land use entitlements for the Town of Ave Maria and Ave Maria University, which total some 5027 acres.  The firm was counsel in the establishment of the first 6 Stewardship Sending Areas and is currently pursuing several others on behalf of landowners in the RLSA.

 

Land Use (Mixed Use Projects)

The firm regularly serves as land use counsel for sophisticated mixed use, pedestrian village oriented, urban projects.  Often, the work we do in downtown redevelopment areas like
Naples’ Renaissance Village and innumerable projects on
Naples’ prestigious Fifth Avenue South, or at Imperial Landing in Bonita Springs, becomes the catalyst for revitalization initiatives in Community Redevelopment Areas.

 

Other times, the work we do in water oriented mixed use resort projects like
Naples Bay Resort and the Esplanade on Marco Island becomes a dynamic community focal point.  On all of these projects, we collaborate closely with the client and its consultants to develop strategic initiatives to build public consensus in sensitive, and sometimes volatile, political environments.