Tom FitzSimmons

Of Counsel

Experience

Tom FitzSimmons applies his almost two decades of law firm and in-house business-side experience working for multiple real estate developers to vigorously protect and represent clients in order to complete deals quickly and cost-efficiently.

As General Counsel and Secretary for a Cleveland-based, national real estate development and management company with more than 8,000,000 square feet of retail, office, residential and mixed-use assets and over 50 affiliated companies, Tom created and managed a small law practice within the company with 15 professionals and an annual budget in excess of $3 million. Tom contributed daily to the company’s strategic and management decision-making as a member of the company’s Executive Team in addition to managing four departments with over 25 employees.

Tom is currently the Assistant Law Director for Jackson Township, Ohio, providing counsel on economic development matters, including retention and expansion of the Township’s commercial tax base with retail developments in excess of 4,000,000 square feet.

 

Representative Matters

• Provided strategic and legal counsel with respect to over $300 million in new-build and rehab construction projects.

• Served as lead developer for several new retail developments, including a 500,000 square foot expansion of an existing property and a new 240,000 square foot shopping center.

• Closed financing in excess of $3 billion by structuring and negotiating over 30 acquisition, construction, bridge, mezzanine and permanent loans from CMBS, life insurance and conventional lenders, as well as HUD and FHA-backed loans.

• Participated in the structuring, offering and closing of over $200 million in equity investments in real estate assets while overseeing preparation and negotiation of offering memoranda, joint venture agreements, operating agreements and management agreements.

• Directed and managed all aspects of client litigation, focusing on cost-effectiveness and revenue capture, which resulted in over $50 million in positive financial outcomes.

• Personally negotiated and closed hundreds of retail, office and residential leases, focusing on maximizing revenue and minimizing expense while ensuring that the company’s properties were in demand and operating smoothly.

• Drafted, negotiated and executed thousands of agreements and arrangements across the entire spectrum of real estate and corporate matters, including sponsorship agreements, marketing agreements, license agreements, franchise agreements and labor/workforce agreements.

• Single-handedly executed two-year pre-development of a 500,000 square foot retail center, including management of a pro forma, securing contracts for land assemblage, entitlements, stream and wetland permits and public financing (including Tax Increment Financing), preparation of an economic impact analysis and management of due diligence on title, survey, environmental, mineral rights and signage rights.

• Represented numerous companies in business and legal roles in front of more than 75 local, state and national governmental bodies in multiple jurisdictions to obtain a broad range of entitlements for in-development and operating real estate, including re-zonings, variances, conditional use permits, construction permits, liquor permits, Community Entertainment District designation, New Community Authority designation, formation of Joint Economic Development Districts, Tax Increment Financing approval, Section 404 United States Army Corps of Engineers permits and Section 401 Ohio EPA permits.

• Cost-effectively retained and managed outside consultants and contractors, including civil and mechanical engineers, demolition and site work contractors, design/development firms, architects, landscape architects, environmental engineers, traffic consultants, lighting designers, residential design specialists, general contractors, construction management firms, public relations agencies and third-party management companies.

• Represented a public utility with 19 coal-fired and nuclear power plants, including a $2 billion sale, resulting litigation and second sale.

• Represented a private equity firm in the acquisition of an international company leasing and operating over 1,500 parking garages in North America, including negotiation of the Stock Purchase Agreement, management of an on-site due diligence review team and providing post-closing counsel with respect to the entire portfolio of operating properties.

 

Bar Admissions

• Ohio

 

Education

• University of Cincinnati College of Law (J.D., 2000)

• Muskingum University, New, (B.A., summa cum laude (1997)