Kursten L Canada

My transactional experience and focus is in real estate law with an emphasis in commercial and residential real estate acquisition, development, financing and leasing, as well as homeowner association and business matters.  I joined Garfield & Hecht, P.C. from my position as Asst. General Counsel for Vail Resorts.

I represent buyers and sellers (including a large contingency of foreign nationals) in all phases of real estate purchase, sales, development, and redevelopment, whether commercial, residential, or mixed-use in nature, complex or straightforward, vacant or improved land, new or existing construction.  This includes but is not limited to, the negotiation and drafting of purchase, construction, architectural, party-wall, easement, encroachment, restrictive covenants, escrow agreements, declarations and homeowner association-related documents, review and evaluation of title, survey and mapping matters, home inspections, septic and well use permits, engineering reports, environmental studies, easement agreements, restrictive covenants and construction, and all other aspects of due diligence associated with real property interests.

I have substantial experience with various types of clients who seek to develop or redevelop, including private developers, publicly-held companies, REIT’s, homeowner associations and their boards, state agencies and school boards. I have represented developers of mixed-use projects and homeowner associations who endeavored to renovate real estate projects valued over $500 million dollars within the Vail Valley, Telluride, Breckenridge, and Keystone areas.  I have represented hotel developers with high-end projects located in Summit and Eagle Counties, including negotiation of franchise agreements for hotel branding.  I have represented clients who own ski resorts within and outside Colorado, negotiating and acquiring the necessary real estate and permitting associated with ski resort operations.  I have settled insurance claims and negotiated reconstruction of casualty-damaged projects for homeowner associations.  I have experience in negotiating all aspects of construction of a brand new K-8 school facility under a BEST Grant with the State of Colorado and various public agencies.  I have drafted and negotiated finance documents in connection with construction of a senior care facility.  I represented a nonprofit entity in construction of an affordable housing project in Eagle County.  I have negotiated and drafted documents for destination clubs, both publicly and privately held.

I represent an extensive homeowner association and common interest community clientele.  I have represented various homeowner associations in drafting amended and restated declarations and various other governing documents, negotiation and drafting of renovation project-related documents, analyzing and interpreting project documents for insurance claims and settlement, construction defect claims, disputes, and enforcement, and general drafting for maintenance of association records and compliance with general governance matters.

My transactional experience also includes negotiating and drafting office, retail and restaurant leases, as well as ground leases, with national and international brand-name landlords and tenants, as well as business entity selection, choice of venue and documentation. I regularly establish and document entities, handle general business matters, and the intricacies of contract documentation and due diligence associated with asset and stock purchase and sale matters.