Leadership Overland Park, Graduate
RELEVANT EXPERIENCE
Real Estate Investment, Development and Transactions
Mr. Epps represents developers and investors in every phase of their real estate investments and/or
development projects, including:
Identification, negotiation of contracts, and acquisition of properties or existing development projects;
Structure and formation of appropriate Joint Ventures and entities for each real estate venture;
Coordination of the development team of professionals, including, appraisers, surveyors, land planners,
engineers, architects, appraisers, contractors, brokers, etc.;
Identifying available project entitlements, including zoning and planning approvals as well as any
available incentives (e.g., STAR Bonds, Tax Increment Financing, property tax abatement, sales tax
capture/incentives, including Transportation Development Districts and Community Improvement
Districts);
Securing optimal development entitlements through:
discussions and negotiations with representatives of the various governmental entities, and
presentations to the various governing bodies, including City and County Planning
Commissions, City Councils and County Boards of Commissioners, and Appeal Boards;
Securing financing for the project through capital fundraising and debt financing;
Horizontal and vertical development and construction; and
Leasing and/or sale of the project or parts thereof.
Mr. Epps provides counsel in various types of real estate investments/projects, including:1) developed and
undeveloped properties; 2) retail shopping centers; 3) office buildings and complexes; 4) mixed-use
developments; 5) hotels; 6) single-tenant buildings; 7) multi-family projects; 8) single-family residential
subdivisions; and 9) senior/assisted living facilities.
Mr. Epps provides lead counsel to national developers and/or investors competing and/ or investing in the
single-tenant “build-to-suit” and “sale-leaseback” marketplace across the country representing clients in
each step of the client’s business plan, including: a) designing, structuring and forming the venture/entity;
b) negotiating and documenting the build-to-suit (or sale-leaseback) lease with credit-worthy tenants; c)
selecting and acquiring the optimal site; d) entitling the site through local governmental approvals,
including zoning, planning and available incentives; e) negotiating and documenting the appropriate
construction agreements; f) securing financing for the project through debt and equity funding; and g)
negotiating, documenting and executing of the best exit strategy to maximize the client’s return on their
investment.
Successful ground-up “build-to-suit” projects – where Mr. Epps was the lead outside counsel – include the
development and sale of numerous national single-tenant properties across the U.S., including Freddy’s
Frozen Custard & Steakburgers, WoodSpring Suites, Walgreens, CVS Health, McDonald’s, Burger King,
Hooters, Denny’s, Whataburger, Damon’s International Inc., The Goodyear Tire & Rubber Company,
Quaker Steak, QuikTrip and Quick Stop, and Fresenius Dialysis Center.
www.foulston.com