Scott B. Osborne

Overview

Scott has more than 40 years of experience in real estate financing, workouts, acquisition, development and sale, and as counsel to closely held companies.

Scott’s practice includes the representation of developers, lenders, institutional owners and tenants in various types of real estate projects, including high-rise office buildings, industrial facilities, condominiums, residential developments, retail shopping centers and apartments.

His significant transactions include representing the City of Seattle in the acquisition of the Municipal Tower (formerly, Gateway Tower), developers and ground lessors commercial office buildings and lenders in mortgage loan transactions, workouts and foreclosures.

Scott is a fellow of the American College of Real Estate Lawyers and the Pacific Real Estate Institute, has been a lecturer at the University of Washington Law School (teaching real property security), and is a frequent contributor to continuing legal education programs.

Professional Activities

• American Bar Association, Member
  • Casualty and Other (non-title) Insurance Committee of Real Property Transactions Group, Chair, 2009-2012
• American College of Real Estate Lawyers, Fellow
  • Insurance (non-title) Committee, Chair, 2009-2011
• International Council of Shopping Centers, Member
• Pacific Real Estate Institute, Fellow
• Washington State Bar Association, Member
  • Real Property, Probate & Trust Section, Chair, 1992-1993

Experience

Representative Work: Financing and Workouts

• Representation of lender in $226 million financing of cogeneration facility in Ferndale, Washington
• Representation of lender in ESOP loan to owner of newspaper, television and radio station operator
• Representation of insurance company lender in $113.5 million loan secured by deed of trust on 9-building business park with LIBOR based pricing and interest rate hedge
• Restructure of $188 million loan portfolio on behalf of lender secured by multiple commercial properties, listed and unlisted securities and partnership interests
• Sale of defaulted note, secured by first lien of trust encumbering two building commercial office development on behalf of co-lending syndicate
• Representation of lender in $120 million defaulted condominium loan resulting in deed in lieu from developer
• Representation of lender in foreclosure on 3 commercial structures as security for loans totaling $21 million

Representative Work: Acquisition, Development and Sale

• Port Townsend Paper – representation of purchaser of pulp and paper mill facility at Port Townsend, Washington
• 1420 Fifth Avenue – representation of developer in acquisition, development, leasing and financing of 950,000 square foot commercial office building in Seattle, Washington; subsequent representation in acquisition of facility by publicly traded real estate development company; negotiation of $160 million permanent financing and creation of joint venture with institutional investor
• Southcenter Shopping Mall – representation of purchaser of 1,000,000 square foot enclosed shopping mall in Tukwila, Washington, and subsequent re-financing
• Key Bank Tower – representation of City of Seattle in acquisition of 1,100,000 square foot office tower
• Westlake Apartments – representation of developer in negotiation of joint venture with institutional investor for ownership of 19-story high-rise apartment complex in Seattle
• Symetra Building & Key Bank Center – representation of owner in negotiation of long-term ground leases to developer of 400,000 square foot and 600,000 square-foot office buildings in Bellevue, Washington
• Snohomish Cascade – representation of landowner in sale of app. 1500 acres of to residential developer; transaction was structured with profit participation to land seller resulting in over $25 million of additional sales proceeds to land owner
• Representation of purchaser of four sawmill facilities and timberland located in Oregon and Washington from seller operating under Chapter 11 plan of reorganization
• Representation of building supply wholesaler in spin-off of 266 locations in 25 states and lease-back to operator

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