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Ben Doyle focuses his practice on real estate development, construction, and affordable housing. Ben is knowledgeable in all aspects of affordable housing development and operation and has advised owners, developers and government agencies on a broad range of real estate development matters, including zoning and entitlements, subdivision issues, purchase and sale agreements, ground leases, condominium regimes, easements, covenants, and cost-sharing agreements. He is familiar with the relevant local, state and federal law impacting affordable housing.

Practices

Civic Involvement & Honors

    • City of Boulder – Affordable Housing Technical Review Group
    • City of Boulder – Community Development Advisory Committee
    • City of Boulder – Impact Fee Working Group
    • City of Boulder – Comprehensive Housing Strategy Working Group
    • Colorado Bar Association – pro bono advice for residents affected by natural disasters
    • Colorado Law – mock interviewer
    • Boulder County/Broomfield Regional HOME Consortium – County representative
    • Boulder County CDBG Revolving Loan Fund Committee – Chair
    • Flatirons Habitat for Humanity
    • Boulder Outreach for Homeless Overflow
    • Point-in-Time Homelessness Survey
    • Homeowner Association Board
    • Colorado Bar Association – pro bono advice for residents affected by natural disasters
    • Colorado Law – mock interviewer
    • Boulder County/Broomfield Regional HOME Consortium – County representative
    • Boulder County CDBG Revolving Loan Fund Committee – Chair
    • Flatirons Habitat for Humanity
    • Boulder Outreach for Homeless Overflow
    • Point-in-Time Homelessness Survey
    • Homeowner Association Board
    • Flatirons Habitat for Humanity
    • Boulder Outreach for Homeless Overflow
    • Point-in-Time Homelessness Survey
    • Homeowner Association Board
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Professional Affiliations

    • ABA Forum on Affordable Housing and Community Development Law
    • Colorado Bar Association, Real Estate section
    • Boulder County Bar Association, Real Estate section
    • Colorado Bar Association, Real Estate section
    • Boulder County Bar Association, Real Estate section
    • Boulder County Bar Association, Real Estate section
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Representative Experience

  • Counsel for development of 200 units of new affordable housing in Louisville, CO, from site acquisition through annexation and entitlements and $78 million construction financing with federal and state low-income housing tax credits, tax-exempt bonds, and 11 layers of subordinate debt
  • Represented housing authority in negotiation of partnership agreement and property and sales/use tax exemption agreements related to construction by for-profit developer of 260 units of affordable housing in Lafayette, CO
  • Represented housing authority in acquisition of multiple parcels for 26-unit affordable housing project in Nederland, CO; negotiation of agreements with architect and general contractor; and securing subdivision and PUD approval from local authorities
  • Advised master developer on joint development agreement for mixed-use downtown project between multiple public and private partners, including affordable housing, parking, and commercial office space elements
  • Advised governmental lender on asset management protocols for $50 million loan portfolios
  • Represented subordinate lender in $1.25 million loan to non-profit co-developer of 40 units of affordable housing for transition-aged youth on a ground-leased site in Boulder, CO
  • Represented lender in multiple subordinate loan transactions totaling more than $10 million for the benefit of local non-profit and housing authority borrowers
  • Advised on formation of public improvement district for road improvements, including financial structuring, ballot question drafting, and implementation contracts
  • Represented county in negotiation of construction contract for $5 million justice center rehabilitation project in Boulder, CO
  • Represented housing authority in acquisition of 24-acre parcel in Lafayette, CO for development of affordable housing and related community-oriented uses
  • Represented issuer of tax-exempt debt for 17 units of affordable senior housing in Boulder, CO
  • Represented borrower in conversion of construction to permanent financing for two affordable housing projects in Lafayette, CO
  • Represented borrower in refinancing of four property portfolios to facilitate rehabilitation
  • Structured and implemented first housing authority merger in Boulder County
  • Advised county on numerous land use matters, including comprehensive development plan updates; intergovernmental agreements; land use and transportation code revisions; federal and state constitutional and statutory compliance; code interpretation; and urban renewal
  • Lead drafter of 2010-2014 Consolidated Plan for Boulder-Broomfield HOME Consortium, a strategic plan to optimally allocate scarce HUD funds for housing and community development needs

Publications

Speaking Engagements

  • Affordable Housing Deed Restrictions: Forever is a Really Long Time, 2019
  • Colorado County Attorney’s Association (disaster recovery), 2018
  • CHFA Tax Credit Advisory Group (documentation of LIHTC subordinate debt), 2017
  • Housing Colorado statewide conference (Affordable Housing 101), 2016, 2017
  • RubinBrown Public Sector seminar (affordable housing in Colorado), 2017
  • Boulder County Bar Association (2013 Flood – rebuilding; funding), 2015
  • Housing Colorado statewide conference (inclusionary zoning), 2014
  • American Planning Association, Colorado chapter (disaster recovery), 2014
  • Colorado County Attorney Association conference (2013 Flood recovery), 2014
  • Rocky Mountain Land Use Institute conference (oil and gas), 2013
  • American Planning Association, statewide conference (federal & state preemption), 2012
  • Boulder County Bar Association (Fourmile Fire recovery), 2012
  • Boulder County Bar Association (land use in the county), 2012