DAVID W. CREEGGAN

Commercial Real Estate

David Creeggan is a shareholder in Trainor Fairbrook’s Real Estate Transactions, Leasing and Property Management Departments. Mr. Creeggan’s practice focuses on commercial real estate matters involving the ownership and disposition of real property, including acquisition, development, financing, leasing, title matters, easements, CC&Rs, purchase and sale transactions, asset management and lease enforcement. His clients, ranging from family-owned businesses to publicly traded companies, include commercial property owners, investors, developers, managers, brokers and receivers in various matters involving commercial real estate.

Some of Mr. Creeggan’s recent notable experience includes representing a seller in disposition of $11 million condominium development, requiring the resolution of complex title issues to close the transaction. In addition, he represented a prominent local developer in negotiation for disposition of land to big box retailer, requiring the preparation of complex joint development agreements and ancillary documents for compliance with governmental requirements.

Mr. Creeggan is a frequent panelist and lecturer at seminars on the topics of commercial leasing, lease interpretation, duties and obligations of commercial brokers, lease enforcement and landlord-tenant related disputes. He has also authored several articles on the subject of commercial leasing issues.

Representative Matters

Represented prominent local developer in negotiation for disposition of land to big box retailer, requiring the preparation of complex joint development agreements and ancillary documents for compliance with governmental requirements.
Negotiated ground lease with national fast food chain and facilitated resolution of significant use restrictions concerning the property and involving local government and neighboring business owners.
Represented national developers in connection with office building leases to the State of California in excess of 40,000 square feet.

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Represented owner/investor in disposition of 1,600+ acres of ranch land to environmental mitigation company.
Represented both buyers and sellers in the negotiation and preparation of option contracts to acquire and dispose of land for future entitlement and development.
Represented seller in disposition of adjoining retail properties and assumption of CMBS loans by the buyer.
Prepared and negotiated extensive amendment to CC&Rs governing the use of commercial parking facility and multi-million dollar profit-sharing agreements between landowner and neighboring user.
Represented landowner in acquisition of all assets from racquet club and fitness center tenant following leasing dispute.
Represented international banking corporation in sale of 331 acres of REO property.
Represented national property management company in dispute with multiple national retail tenants involving use and maintenance of common area in large shopping center under CC&Rs.
Represented national real estate investment trust in complex lawsuit involving a winery operator, an agricultural equipment lender, a court appointed receiver and issues with attempts to conceal assets through bankruptcy. Secured the winery property and obtained favorable six-figure settlement for our client.
Represented owner/investor in disposition of car wash property and related business asset sales.
Represented creditor at arbitration of contract dispute, resulting in award for 100% of funds sought by creditor.

RECOGNITIONS

Rated AV Preeminent – Martindale-Hubbell
Top Lawyer Real Estate – Sacramento Magazine: 2015-2018
Best of the Bar – Sacramento Business Journal:‎
2015-Present
Rising Star – Northern California Super Lawyers:‎
2014-2017
Service Award – BOMA Sacramento: 2017
Principal Member of the Year – BOMA Sacramento: 2013

MEMBERSHIPS

Member – State Bar of California,‎
Real Property Section
Board of Directors – Building Owners and Managers Association (BOMA) Sacramento: 2011-Present
Chair – Emerging Leaders Committee, BOMA Sacramento: 2011-2015
Chair – Sacramento Regional Council, Make-A-Wish Northeastern California and Northern Nevada: 2015-2018
Member – Board of Directors, Make-A-Wish Northeastern California and Northern Nevada: 2018-Present
Member – Sacramento Regional Council, Make-A-Wish Northeastern California and Northern Nevada: 2013-2018
Member – California Receiver’s Forum, Sacramento Valley Chapter: 2011-2014
Comments Editor – Santa Clara Law Review:‎
2003-2004