Van A. Tengberg is a partner and business lawyer with Foley & Lardner LLP, where his practice centers on real estate acquisition and development, with a primary focus on shopping centers, office complexes, industrial business parks, hotels, golf courses and resort facilities. He is chair of the firm's West Coast Real Estate Practice. Van is a member of the firm's Real Estate Practice, and the Finance, Hospitality & Leisure and Sports Industry Teams. Van is a former member of the firm’s national management committee, the former managing partner of the San Diego office, and is also the former co-chair of the Hospitality & Leisure Industry Team.
Van is actively involved and is highly experienced in providing comprehensive legal services in connection with the acquisition, planning, financing, construction and development of all types of commercial urban and regional development, redevelopment and revitalization projects, including regional shopping malls, power centers, entertainment centers, retail centers, commercial office buildings, complexes, industrial business parks, hotels, resorts, and golf courses.
Van also has substantial experience in the negotiation and preparation of sophisticated and intricate partnership agreements, joint venture agreements and limited liability company operating agreements with respect to these types of commercial real estate developments. His real estate and tax background and experience make him uniquely qualified to handle these types of projects.
Van represents institutional real estate companies in connection with the acquisition, development, re-development, financing and tax structuring of retail, office, industrial, hotel and resort portfolios and properties.
Van is highly skilled in all phases of golf course and resort acquisition and development. He coordinates the entire due diligence process and is involved in all aspects of the proposed acquisition or development.
Van also has extensive experience in forming and structuring both equity and non-equity private golf clubs. This includes structuring the equity/non-equity membership program in conformance with applicable federal and state securities laws and regulations, federal and state income tax laws and regulations and state and local property tax laws. Van is also experienced in all areas relating to club operations, including the preparation and review of membership bylaws, rules and regulations, management agreements, food and beverage concession agreements, licenses and permits, CC&Rs, environmental issues, equipment lease agreements, sales and marketing programs, and employment agreements.
Van actively represents lenders and borrowers in a wide variety of commercial real estate lending transactions, including construction loans, mini-perm loans, permanent loans, securitized loans, mezzanine financing and all other commercial real estate financing transactions.
Recognition
Van has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and has been selected by his peers for inclusion in The Best Lawyers in America© (2016 – 2021) in the field of real estate law. He was selected as a Leading Lawyer, Real Estate, West Coast, by the US Legal 500 (2010). He is an honoree for the Top Lawyers in Southern California© (2020) and has been selected for inclusion in the San Diego Super Lawyers® lists (2013-2019).
Affiliations
He is active in various charitable organizations in the greater San Diego area, including serving as a member of the board of directors of the Sabin Children's Foundation. Van has previously served as a scout leader with The Boy Scouts of America and as a member of the board of directors of the Southern California Chapter of the Cystic Fibrosis Foundation.
Education and Admissions
Van received his J.D. from McGeorge School of Law (1982) and an LL.M. in taxation from the University of San Diego (cum laude, 1987). He earned his B.A. from the University of California in Davis (1979). Van is admitted to practice law in California and the District of Columbia.
Recent Speaking Engagements
Recent Publications