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Scott Osborne


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SCOTT B. OSBORNE

Real Estate Attorney
(206) 676-7000


Practice: Scott Osborne’s practice focuses on real estate transactions, including acquisitions, leasing and financing. He represents owners and operators of real estate, investors, landlords, tenants and lenders in all segments of the real estate industry, including commercial office, industrial, hotels, shopping centers and residential.

Experience: Scott has extensive experience in a variety of real estate transactions. Representative engagements include:

Acquisition, Development, 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

Financing and Workouts:

  • Representation of lender in $226 million financing of co-generation 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

Education: Bachelor of Arts, Yale University, cum laude (major in economics) 1971; Juris Doctor, University of Washington School of Law (member Order of the Coif ) 1975

Memberships: Bar Memberships: Washington State Bar Association; Federal Bar Association for Western District of Washington; Professional Memberships: American College of Real Estate Lawyers; Pacific Real Estate Institute; International Council of Shopping Centers; American Bar Association; King County Bar Association

Professional Activities: Chair of Real Property, Probate & Trust Section of Washington State Bar, 1992-93; Chair of Property, Casualty and Other (non-title) Insurance Committee of Real Property Transactions Group of American Bar Association, 2009-2011; Chair of Insurance (non-title) Committee of American College of Real Estate Attorneys.

Publications and Recent Speaking Engagements:

Select Publications

  • “Planning Issues in Mixed Use Developments,” PRACTICAL REAL ESTATE LAWYER, July 2005
  • “Commercial Lease Practice,” WASHINGTON REAL PROPERTY DESK BOOK, 4TH ED., Chpt. 18 (Wash. State Bar Ass’n 2009)
  • Co-author, “Mortgages” WASHINGTON REAL PROPERTY DESK BOOK, 4TH ED., Chpt. 20 (Wash. State Bar Ass’n 2009)
  • Co-author, “Navigating the Foreclosure Process,” MORTGAGE BANKING (April 2009)
  • "2011 Spring Real Estate Update" (Spring 2011)

Recent Speaking Engagements:

  • January 2007 – Heckerling Institute Annual Estate Planning Conference – Real Estate Issues in Estate Planning
  • September 2007 – American Bar Association – Real Property Section – Fall CLE Program, Vancouver, B.C. –Insurance, Indemnity, Waiver, Release, Subrogation – Lease Clauses You Need to Know More About
  • September 2007 – American Land Title Association – Reinsurance Committee Annual Meeting, Seattle, Washington – Equitable Subrogation for Title Insurers: A Washington State Perspective
  • April 2010 – Washington State Bar Association, Senior Lawyer Section Annual Meeting – Alejandre Revisited, Recent Developments in Real Estate Purchase Disputes
  • June 2010 - Washington State Bar Association, Real Property Probate & Trust Section Mid-Year Meeting – Recent Developments in Washington Real Estate Law
  • November 2010 – International Council of Shopping Centers Annual Law Conference – Advanced Insurance Issues in Leasing Transactions
  • March & May 2011 – Washington State Bar Association and King County Bar Association – Recent Developments in Washington Real Estate Law