William J. Podolsky III

Josh Podolsky practices in the area of business law. He brings a high level of expertise and a practical approach to problem solving in his practice where he concentrates in real estate, commercial transactions, banking, finance, general business, and corporate and partnership matters. His practice involves the representation of buyers, sellers, investors, developers and financial institutions in a variety of areas, including business and real estate dispositions, acquisitions and other transactions; the formation and counseling of limited liability companies, partnerships and corporations; and the representation of financial institutions, private lenders and borrowers in the origination, documentation, and workout of commercial and real estate loans and in commercial real estate leasing.

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Josh Podolsky practices in the area of business law. He brings a high level of expertise and a practical approach to problem solving in his practice where he concentrates in real estate, commercial transactions, banking, finance, general business, and corporate and partnership matters. His practice involves the representation of buyers, sellers, investors, developers and financial institutions in a variety of areas, including business and real estate dispositions, acquisitions and other transactions; the formation and counseling of limited liability companies, partnerships and corporations; and the representation of financial institutions, private lenders and borrowers in the origination, documentation, and workout of commercial and real estate loans and in commercial real estate leasing.

He is experienced in advising lenders who provide various types of financing for real estate projects and in handling the related title insurance aspects of such transactions for both lender and borrower clients. He has represented borrowers in large, multisite, multistate sale leaseback transactions, frequently involving the acquisition of a business through the sale of underlying real estate or the refinance of existing debt, with a long-term leaseback by the financing source to the business operator. His experience also includes the formation and funding of ownership entities, advising clients on employment and executive compensation matters, obtaining local and state governmental approvals for development projects, and drafting and negotiating construction-related documents.

Mr. Podolsky has also drafted and negotiated leases throughout the Southeast for various commercial enterprises. His practice includes negotiating and drafting retail, industrial, office space, and ground leases on behalf of both landlords and tenants, as well as advising clients on the related consulting, brokerage and listing agreements.

In November 2011, Mr. Podolsky was appointed by the Hon. Governor Rick Scott to the Florida Real Estate Commission, a 7-member panel tasked with administering and enforcing Florida’s real estate license law. He, along with his fellow commissioners, assisted the Division of Real Estate with drafting various Florida Administrative Code rules which implement the Commission’s statutory authorized duties and responsibilities.

While in law school, Mr. Podolsky served as a federal judicial intern for the Hon. Elizabeth A. Kovacahevich, U.S. District Court, Middle District of Florida. He also clerked at the Florida Office of the Attorney General.

Experience

  • Represented purchaser in acquisition and financing of $62.95 million apartment complex which consisted of 278 units located in Broward County, Florida. 
  • Represented purchaser in acquisition and financing of $95.55 million apartment complex which consisted of 422 units located in Broward County, Florida. 
  • Represented purchaser in acquisition and financing of $78 million apartment complex which consisted of 300 units located in Broward County, Florida. 
  • Represented franchisee in refinance of $25 million operating debt facilities for multiple fast casual franchise units in Florida.
  • Represented client in acquisition of 90-bed skilled facility nursing home facility in Lake Eustis, Florida, and subsequent sale of two facilities totaling 260 beds in Arcadia and Lake Eustis, Florida.   
  • Represented international technology company in securing $13.2 million revolving and term loan facilities, including an international EX-IM Bank facility, letter of credit sub-facility and a commercial real estate mortgage loan.
  • Represented a national realty company and investment firm in the documentation and title aspects of a $51 million loan secured by a 376-unit apartment complex in South Florida, wherein the borrowing entity had a complex 1031 exchange capital structure.
  • Represent servicer of residential and non-residential loans in foreclosure and workout matters throughout the state of Florida and Texas.
  • Represent client in secondary market loan sales, acquisitions and make-whole claims involving loans throughout Florida.
  • Represented lender in refinance of $140 million commercial loan secured by a multifamily real estate construction project in Miami, Florida.
  • Represented client in the relocation of corporate headquarters in Tampa, Florida, assisting with their lease negotiations, construction and build-out related contracts and tenant improvement escrow arrangements.
  • Represent lenders in commercial real estate and corporate lending activities throughout Florida.
  • Represented a subsidiary of a restaurant franchisee and operator in the financing of a multi-state and multi-unit sale leaseback transaction and simultaneous refinance of existing credit facilities.
  • Represented client in strategic consolidation of business and private equity transaction involving various client business lines.
  • Represented client as local Florida counsel on $50 million refinance of a revolving credit facility secured by real property and other assets located in Orange County, Florida.
  • Assisted client with lease negotiations associated with multiple MRI facilities throughout Florida.
  • Assisted client with leasing and relocation efforts associated with moving corporate headquarters from Tampa to Miramar, Florida.

Insights

Publications
  • Co-Author, The Essence of a Deadline: Minding Miscellaneous Contract Provisions, LAWYER, November – December 2015, at 58.
  • Co-Author, Home Rule – City of Palm Bay v. Wells Fargo Bank, N.A., 43 Stetson L. Rev. 463 (Winter 2014)
  • Co-Author, Tenants with "Perpetual Dominion" May Be Assessed Ad Valorem Property Taxes, LAWYER, (September-October 2014), at 62
  • Co-Author, The Peculiar and Brief Shelf Life of the "Essential Services" Test, LAWYER, (February 2014), at 54
  • "Bay Area Real Estate Council Answers – Managing Members and Florida's Revised LLC Act" Greater Tampa REALTOR® News 16-17 (December 2013)
  • Co-Author, Cities Cannot Circumvent "First in Time, First in Right", LAWYER, Summer 2013, at 54.
  • "I own a private mortgage and the borrower is not paying. What is the process if I were to proceed in foreclosure against the borrower?" Greater Tampa Realtor® News (Newsletter of the Greater Tampa Association of Realtors) 16-17 (June 2011)
  • "Florida Foreclosure Roadmap: How Note Investors are Affected by Foreclosure In Judicial States," Monthly Journal of the Original Online Note Exchange, Loanmarket.net (December 2010)
News

Memberships & Affiliations

  • The Florida Bar - Section on Real Property, Probate & Trust
  • Bay Area Real Estate Council - Board of Directors
  • University of Tampa - Board of Fellows
  • Real Estate Investment Council of Tampa Bay
  • Ye Mystic Krewe of Gasparilla
  • Tampa Bay Partnership CEO Direct Leadership Program (2015-2016)
  • Appointed by the Hon. Governor Rick Scott to the Florida Real Estate Commission (2011-2014)
  • Appointed by the Tampa City Council to the Barrio Latino Commission (2009-2011)

Recognition

  • AV® Preeminent Peer Review Rated by Martindale-Hubbell
  • Tampa Bay Business Journal - Up & Comers (2008)
  • Florida Super Lawyers - Rising Stars