A founding partner of Greene Radovsky Maloney Share & Hennigh LLP, Mark provides legal counsel in a broad range of real estate transactions, including leasing, acquisition, construction, financing, development, tax-deferred exchanges, energy, environmental, and regulatory. He represents landowners, lenders, developers, landlords, constructors of power plants, office buildings, regional and strip shopping centers, and industrial/warehouse facilities. His tenant clients include nationally recognized retailers and restaurants, law firms, accountants, motel and hotel owners/operators, software/computer companies, dispute resolution providers, and consultants.
Mark also has a substantial energy practice, focusing on all aspects of representation of independent power producers, lenders, construction contractors and landowners, including ground leasing, financing, development, acquisition, fuel and power purchase agreements, environmental permitting, and advice on navigating the deregulated electric industry in California.
Mark has also served as an expert witness in real estate and energy matters in state and federal courts, as well as before JAMS arbitration panels.
Mark is a LEED accredited professional.
ALTERNATIVE ENERGY PROJECTS:
Solar Projects
- Lamesa, Dawson County, Texas – 102 MW
- Comanche, Pueblo, Colorado – 156 MW
- Webberville Solar Project, Austin, Texas – 30 MW
- Landowner Representation – Utility Scale Photovoltaic Projects – Kern, San Bernardino, Contra Costa, Alameda, Monterey and San Luis Obispo Counties, California and upstate New York
- National Industries, San Francisco, California – Solar Power Partners rooftop photovoltaic system
- National big box retailer, California and Arizona – – 40 to 60 stores – Negotiated Sunpower photovoltaic rooftop system, negotiated master power purchase agreement and master lease
- Utility Scale Solar Project – San Bernardino County, California
Representative Solar Clients
- Land owners in Kern, San Bernardino, Monterey and San Luis Obispo Counties
- Cogenra
- Foresight Solar
- Moncada Energy USA
- Agave Partners
- A G Power Solutions BV
- Renewable Energy Systems
Wind Projects
- Bluestem, Beaver County, Oklahoma – 198 MW
- Longhorn, Texas – 200 MW
- Keechi, Jack County, Texas – 110 MW
- Cedar Point, Colorado – 250 MW
- Talbot, Ontario Canada – 99 MW
- Greenwich, Ontario, Canada – 99 MW
- Landowner Representation, Tehachapi, California – Approx 300 MW
- Buena Vista, Altamont Pass, California – 30 MW
- Tres Vaqueros, Altamont Pass, California – 30 MW
- Patterson Pass, Altamont Pass, California – 30 MW
- Cameron Ridge, Tehachapi, California – 60 MW
- Pacific Crest, Tehachapi, California – 46.9 MW
- Llano Estacado, Clovis, New Mexico – 0.66 MW
- Woodward Mountain, Texas – 160 MW
- King Mountain, Texas – 278 MW
- Nine Canyon, Washington State – 48.1 MW
- Nine Canyon II, Washington State – 15.6 MW
- Sweetwater Wind Project Phase 2, Sweetwater, Texas – 91.5 MW
- Ainsworth Wind Project Ainsworth, Nebraska – 59.40 MW
- Hopkins Ridge Wind Farm Dayton, Washington – 149.4 MW
- Wild Horse Wind Farm, Ellensburg Washington – 230 MW
- Mesquite Wind Farm Abilene Texas – 100 MW
- Sweetwater V Wind Project, Sweetwater Texas – 200 MW
- Post Oak Wind Project Abilene Texas – 200 MW
- White Creek Wind Project – 205 MW
- Marengo Wind Farm Dayton, Washington – 140.4 MW
- Bridger Butte, Wyoming
- Somerset, Pennsylvania
- Montezuma Hills, Rio Vista, California – 162 MW
- Grapevine Canyon, Flagstaff, Arizona
- Hatchet Ridge, Shasta, California – 99 MW
- Hydro Quebec RFP, Quebec, Canada
- Owaissa, Arizona
- Fenton, Murray and Noble Counties, Minnesota – 205.5 MW
- Chandler, Minnesota
- High Plains, Albany and Carbon Counties, Wyoming – 99MW
- Bull Creek III, Borden County, Texas – 180 MW
- Armenia Mountain, Tioga and Bradford Counties, Pennsylvania – 100 MW
- Granite Mountain, San Bernardino County, CA – 70 MW
- Harvest Wind, Roosevelt Washington – 98.9 MW
Battery Storage
- Battery Storage Projects in Illinois and New York, including Jake and Elwood Energy Storage Centers near Chicago
Biomass
- Big Island, Hawaii
- San Joaquin Valley Energy Partners I
- Chowchilla I
- Chowchilla II
- El Nido
- Madera
Cogeneration Projects
- Jackson Valley Energy Partners, Ione, CA
EDUCATION
- J.D., Georgetown University Law Center
- Journal of Law and Policy in International Business
- B.A. (cum laude), Dartmouth College
Consultant
- Contributor, “Commercial Real Estate Transactions Handbook,” Mark Sen, Editor, Aspen Publishers 2009
- “Office Leasing: Drafting and Negotiating the Lease,” California Commercial Leasing Series; California Continuing Education of the Bar © 1997
OTHER PROFESSIONAL EXPERIENCE
Representative Transactions
- Starker exchange of San Francisco shopping center for Texas and Washington retail properties
- Assist in development of San Mateo County landfill gas project
- Acquisition and redevelopment of major hotel in Chevy Chase, Maryland
- Development of shopping center in Marin County, California
- Representation of bank “tax equity” participant in 200 MW wind project
- Acquisition of San Francisco Port lease and vessel
- Financing of 100-unit residential and commercial condominium project in Oakland, California
- Sale, reverse exchange and Starker exchange of multiple San Francisco Financial District office buildings
- Lease of industrial warehouse in Tennessee
- Sale of optical company facility in Portland, Oregon
- Negotiation of turbine supply agreements with Siemens, Vestas, General Electric and Gamesa
- Negotiation of stock sale of independent wind developer
- Advise and structure start-up wind developer (including debt and equity)
- Negotiations with Safeway and Albertson’s regarding development and site disposition
- Negotiate wind development options and leases in Altamont Pass, California
- Represent Italian investors in Starker exchange of California properties for New York, Florida and California properties
- Negotiate Solar Module Supply Agreements with panel suppliers, including Trina Solar (US) and Jinko
Current and former entertainment, hotel and restaurant clients, venues and projects upon which Mr. Hennigh has worked
- Bill Graham Presents
- Shoreline Amphitheatre, Mountain View, California
- Concord Pavilion, Concord, California
- Warfield Theatre, San Francisco, California
- Punchline Comedy Club, San Francisco/Oakland, California
- Wolfgang’s Nightclub, San Francisco, California
- Bimbo’s 365, San Francisco, California
- Fillmore East, New York, New York
- Wiltern Theatre, Los Angeles, California
- Max’s Opera Café, San Francisco, California
- In-N-Out Burger, multiple locations, Northern California
- Mountain Aire Festival, Angels Camp, California
- Curran Theater, San Francisco, California
- Canterbury Hotel, San Francisco, California
- Mark Hopkins Hotel, San Francisco, California
- Texas Roadhouse Restaurants, California
PUBLICATIONS
- Live and (Sub)Let Live: Assignment and Subletting Rights and Restrictions (with Kenneth Gordon), International Council of Shopping Centers U.S. Shopping Center Law Conference October 2016
- From Courtroom to Contracts: Seminal Cases Which Affect Lease Drafting and Shopping Center Operation, (with Michael A. Geibelson and Christian F. Torgrimson), International Council of Shopping Centers U.S. Shopping Center Law Conference October 2015
- Pennies From Heaven: Solar Power in the Retail Sector, International Council of Shopping Centers U.S. Shopping Center Law Conference, November 2010
- Stick It Where The Sun Shines: Solar Power as Viable, Desirable and Profitable Opportunity for Shopping Centers; (with Ed Feo and Marc Gordon) International Council of Shopping Centers 2010 U.S. Shopping Center Law Conference.
- Spring 2009 Seminar Group – Los Angeles, California: Co-Chair (with Ed Zaelke) “Developing Wind Power in California”
- November 2009 Seminar Group – Seattle, Washington: “Equipment and Infrastructure Development – Developing Wind Power in the Pacific Northwest”
- March 2010 (American Law Institute – American Bar Association) Webinar and Teleseminar – Wind Farm Development
- “Tax Considerations Affecting Construction Allowances and Disposition of Leasehold Improvements;” (with Stephen A. Bonovich), California Real Property Journal, Vol. 16, No. 2, Spring 1998; updated ICSC U.S. Shopping Center Law Conference, October 1999; updated ICSC U.S. Shopping Center Law Conference, October 2001.
- “Anatomy of a Lease III: Enforcement Mechanisms for Landlords/Tenants;” “Lease Provisions to Assure Tenant/Landlord Performance,” (with Ira Fierstein and Janis B. Schiff); ICSC U.S. Shopping Center Law Conference 1998 Vol. II; © 1998 International Council of Shopping Centers, Inc.
- “Disbursing Shopping Center Construction Allowances: Tax and Bankruptcy Considerations;” (with Arthur S. Waldstein, Lawrence B. Silver, and Elizabeth Belkin), ICSC U.S. Shopping Center Law Conference 1997 Vol. II; © 1997 International Council of Shopping Centers, Inc.
- “Niches and New Plays for Real Estate Lawyers-Subleasing and Other Transfer Transactions,” (with Thomas M. Feldstein), California Continuing Education of the Bar; © 1997
- “Landlord Perspectives on Survival and Exit Strategies Proposed by Tenants;” U.S. Shopping Center Law Conference 1996; © 1996 International Council of Shopping Centers, Inc.
- “Tax Issues Related to Construction of Tenant Improvements;” U.S. Shopping Center Law Conference 1996; © 1996 International Council of Shopping Centers, Inc.
- “Liability Arising from Third Party Criminal Acts;” U.S. Shopping Center Law Conference 1996; © 1996 International Council of Shopping Centers, Inc.; 1996 update.
- “Legal Construction Issues,” Key Shopping Center Legal Issues, p. 25 (compiled and edited by Elizabeth H. Belkin, Esq.); © 1995 International Council of Shopping Centers, Inc.
- “Allocation Between Landlord and Tenant of Liability Arising from Third-Party Criminal Acts;” © 1995 International Council of Shopping Centers, Inc.
- “Limited Liability Companies: A New Structuring Alternative;” (with Elizabeth H. Belkin, Esq. And Arthur S. Waldstein, Esq), Shopping Center Legal Update; © 1993.
- “Tenants in Trouble;” (with Edward A. Cherry and Janet A. Nexon), Building Owners and Managers Association of San Francisco Conference, April 21, 1993.
- “Assignment and Subleasing-Signs of the Times;” (with Elizabeth H. Belkin and Arthur S. Waldstein; orig. © 1990); “Lease Clauses That Will Always Be Debated” (with Joel R. Hall and Elizabeth H. Belkin; orig. © 1991); “Crafting Lease Clauses: Selections from the ICSC U.S. Shopping Center Law Conferences 1990-1993,” E. John Caldecott, Howard E. Kane, Editors; © 1994 International Council of Shopping Centers, Inc.
- “Consent to Assignment and Subleasing-Must the Landlord Be Reasonable?”; (with Elizabeth H. Belkin and Arthur S. Waldstein).
- “Increasing Profitability by Understanding Tax Issues-A Little Knowledge Can Be Very Helpful;” (with Gary G. Belkin and Dennis J. Carlin); © 1993; ICSC U.S. Shopping Center Law Conference 1993.
- “Radius Restrictions Revisited;” (with Elizabeth H. Belkin and Arthur S. Waldstein; © 1991), American Bar Association, 1992 Annual Convention.
- “Tenants in Trouble-Alternatives to Consider,” ICSC U.S. Shopping Center Law Conference 1992; © 1992 International Council of Shopping Centers, Inc.
FREQUENT SPEAKER FOR
- American College of Real Estate Lawyers
- Practicing Law Institute
- California Continuing Education of the Bar
- Continuing Legal Education
- Building Owners and Managers Association
- International Council of Shopping Centers
- American Law Institute – American Bar Association
PROFESSIONAL AFFILIATIONS
- California State Bar
- American Bar Association
- Building Owners and Managers Association
- American College of Real Estate Lawyers
- International Council of Shopping Centers Law Conference Program Committee
- Urban Land Institute
- American Wind Energy Association
- California Wind Energy Association