Donald E. Percival joined the firm in 1986 and was co-chair of the firm’s Real Estate Practice Group from 1999 to 2006.  He has a wide-ranging real estate practice, with a focus on acquisitions, joint ventures and financings.

Experience

Mr. Percival has represented investors, borrowers, lenders and users in the acquisition, development, financing, leasing and sale of commercial, residential and industrial properties, including shopping centers, hotels and resorts, office buildings, apartments, single-family residential developments, manufacturing facilities, electric generation and transmission facilities, warehouses and aluminum smelters. He has represented taxable and tax-exempt investors using a wide variety of debt and equity financing structures. Mr. Percival also regularly advises a multi-billion dollar public-entity investor in connection with all of its real estate investment activity.

Mr. Percival is a former Chair and member of the Executive Committee of the Business Law Section of the Washington State Bar Association. Mr. Percival chaired the committee that drafted the Washington Limited Liability Company Act. He is currently a member of the Washington State Bar Committee with oversight responsibility for Washington’s Revised Uniform Limited Partnership Act, Revised Uniform Partnership Act and Limited Liability Company Act. He also chaired the Ad Hoc Committee on Third-Party Legal Opinions of the Business Law Section of the Washington State Bar Association, and served on a joint committee formed by the Washington State Bar Association’s Real Property, Probate & Trust Section and Business Law Section to produce a companion report on real property secured financing transaction opinions. Mr. Percival is a regular guest instructor at the University of Washington Law School on the subjects of limited liability companies, choice-of-entity and drafting business documents.

Representative Engagements

Acts as primary real estate counsel for state-owned investment fund in connection with all acquisitions, dispositions, joint ventures and restructurings of its $3 billion real estate portfolio throughout the U.S., including purchases of office towers in Dallas, Atlanta, Sacramento, San Francisco, Louisville; retail properties in New York, Washington, D.C., Austin, San Jose, Louisville, Seattle and the Island of Kauai; apartment complexes in Nevada, North Carolina, Pennsylvania, Texas and Utah; industrial facilities in Dallas, Memphis, Anaheim, and Seattle; and the establishment or restructuring of investment management relationships with numerous prominent national real estate investment advisors.

Regularly represents a publicly held owner of multiple internationally recognized luxury hotel brands in joint venture activities inside and outside the United States.

Acted as local counsel for one of the nation’s largest office REITs in connection with the acquisition of existing office buildings and development projects in downtown Seattle and Bellevue.

Represented national and regional residential developers (including a publicly traded REIT) in connection with the acquisition of, and placement of construction and permanent financing for more than 6,000 apartment units in the Puget Sound basin.

Represented owners/operators in sales and refinancings of various first-class hotel and resort properties in Washington, Hawaii, California and Arizona.

Represented the largest electric utility in Alaska in the registered public offering of $314 million of first mortgage bonds, and in pending supplemental bond financings.

Represented the leaders of lending consortiums providing construction and operating financing for several major cogeneration facilities serving wood products companies in the Pacific Northwest.

Represented the borrowers in connection with issuances of tax-exempt private activity bonds to finance redevelopment of a historic Seattle office building into affordable housing and construction of a solid waste transfer station and fertilizer manufacturing facility.

Negotiated headquarters office leases for several national technology companies based in the Puget Sound Basin.