Joseph S. Voboril

Joseph S. Voboril

Partner

503.802.2009
joe.voboril@tonkon.com

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Services & Industries

Education

J.D., University of Michigan Law School, 1973

B.S., University of Nebraska, 1970, Phi Beta Kappa

Bar & Court Admissions

Oregon State Bar
Washington State Bar Association

Joe is a veteran attorney with extensive experience in the areas of complex commercial real estate transactions and land use. He is licensed to practice in both Oregon and Washington.

For more than three decades, Joe has provided guidance and counsel on acquisitions, sales, and project development. His expertise includes deal negotiation, documentation, and project financing. He has assisted numerous clients in securing land use approvals, and has negotiated and drafted architect services agreements and construction contracts for large commercial projects.

Representative Matters

Sale of Wilsonville Distribution Center

Represented the seller in the sale of a headquarters/distribution center in Wilsonville, Oregon. The property consists of a 300,000 square foot warehouse with 60,000 additional square feet of office space. Sale price: $17,850,000.

Refinancing of Industrial Properties

Represented the borrower in refinancing loans made by U.S. Bank National Association secured by six industrial properties located in Northwest Portland. Total loan amount: $19,000,000.

Building Lease

Represented SWVP Ambercreek, LLC (a joint venture consisting of Winkler Development Corporation and a San Diego investment company) as Landlord in negotiating and documenting a long term Lease Agreement with Microsoft Corporation (as Tenant) for an 85,000 square foot building in Hillsboro, Oregon. This lease was one of the largest office space leases in the Portland Metropolitan region for 2021. The Lease Agreement contained a complicated Landlord Work Letter pursuant to which our client is building out all of the tenant improvements to Microsoft’s specifications.

Acquisition of Cross-Dock Terminal

Represented the purchasers in their acquisition of a 176 door cross-dock terminal located on 24 acres in north Portland.

Acquisition of Office Buildings

Represented the purchaser in its acquisition of two office buildings in Suntech Corporate Park, in Hillsboro, Oregon. Sale price: $22,000,000.

Acquisition of Portland Custom House

Serviced as local counsel to the purchaser in its acquisition of the Portland Custom House in inner Northwest Portland. Purchase price: $30,000,000.

Acquisition of Vancouver Shopping Center by Tenants in Common

Represented two limited liability companies in their purchase, as tenants in common, of Orchards Market Center, a small shopping center in Vancouver, Washington. The acquisition of the center was the completion of a tax deferred exchange under Section 1031 of the Internal Revenue Code. The representation involved negotiation and closing a loan with Wells Fargo Bank.

Acquisition of Vancouver, Washington Office Building

Represented the purchaser in its acquisition of Parkway Plaza III, a 53,000 square foot office building in Vancouver, Washington. The acquisition of the property completed a tax deferred exchange under Section 1031 of the Internal Revenue Code. The representation involved negotiation and closing a loan with M&T Real Estate Trust.

Borrower Representation

Represented the borrower in a loan from RGA Reinsurance which enabled the borrower to acquire property located in Tigard, Oregon. Loan amount: $20,750,000.

Extension of Office Lease

Represented Geffen, Mesher & Company, PC on a lease amendment pursuant to which Geffen, Mesher & Company, PC made a number of modifications to its existing lease at Pioneer Tower in downtown Portland, including an extension of its lease term for its 22,753 square feet premises through June 30, 2027. The lease amendment also granted Geffen, Mesher & Company, PC with expansion rights on an adjacent floor in the Pioneer Tower.

Lender Representation

Represented the lender on a combination acquisition and construction loan to Portland Wetlabs Partners secured by property in inner Southeast Portland. Loan amount: $11,250,000.

Purchase of Cenveo Corporation Properties

Represented the purchaser in its acquisition of the Cenveo Corporation properties located in inner Northwest Portland. The representation involved a lease back to Cenveo Corporation. Sale price: $7,500,000.

Purchase of Partially Completed Mixed Use Development

Assisted investor in purchase of partially completed mixed use development project in Portland, including assignment and assumption of related financing and construction agreements, followed by construction defect litigation and then refinancing of the completed project.

Refinancing of Big Box Facilities

Represented the owner in refinancing three big box facilities in Tualatin, Gresham and Salem, Oregon that are leased to Dick's Sporting Goods. Total loan amount: $18,000,000

Refinancing of Office / RD Project

Represented the owner in refinancing an office / RD project in Hillsboro, Oregon. Loan Amount: $16,000,000

Road Construction Project

Represented a company with its corporate headquarters in Wilsonville, Oregon in consummating a Development Agreement with the City of Wilsonville pursuant to which the city and the company shared the cost of constructing a major street project.

Sale of Block in Pearl District

Represented the sellers on the sale of a block in the Pearl District of Portland, Oregon to Mill Creek Residential Development. Sale price $9,180,000.

Sale of College Campus Facilities

Represented the seller in the $26,120,000 sale of the former InFocus office building to the Oregon Institute of Technology.  The property consists of a 220,000 square foot office building constructed on seven acres that was redeveloped by our client as the Portland area campus for the Oregon Institute of Technology prior to the sale.

Sale of Forest Land

Represented the owners in selling approximately 7,150 acres of forest land located in Union County, Oregon.

Sale of Regional Shopping Mall

Assisted the owner of Lloyd Center Mall in dividing the Mall into two parcels which were then sold to different purchasers. This representation included drafting amendments to reciprocal easement agreements which will govern operation and management of the two parcels and obtaining approvals from the City of Portland providing for the separation of sewer, water and fire and life safety systems. Total sale price: $188,250,000

Sale of Shopping Mall - Corvallis, Oregon

Represented the seller on the sale of the Cannery Mall Shopping Center in Corvallis, Oregon. Sale price $7,900,000.

Canal Crossing Shopping Center, Kennewick, Washington

Represented the purchasers in their acquisition of the Canal Crossing Shopping Center in Kennewick, Washington. The property was acquired as part of a tax deferred exchange and included financing provided by M&T Real Estate Trust. The project is anchored by Amazon and Hobby Lobby Stores, Inc. Purchase price: $10,800,000.

Cross-Dock Terminal Acquisition

Represented the purchasers in their acquisition of a 176 door cross-dock terminal located on 24 acres in North Portland. Purchase price: $13,200,000.

Lloyd Center Mall Sale

Represented the seller in the sale of Lloyd Center Mall, a regional shopping mall located in inner northeast Portland. The representation involved separating the mall into two parcels which were then sold to different purchasers. Joe also assisted the seller in obtaining approvals from the City of Portland providing for the separation of the sewer and water utilities as well as the fire and life safety systems. Total sale price: $188,250,000.

Loan to Portland Wetlabs Partners

Represented the lender on a combination acquisition and construction loan to Portland Wetlabs Partners secured by property in inner Southeast Portland. Loan amount: $11,250,000.

Mississippi Avenue Lofts

Represented a local development company in its acquisition of Mississippi Avenue Lofts, a partially completed mixed use project in Northeast Portland from two local banks that were in the process of foreclosing their loans on the project. Joe negotiated and drafted amendments to loan participation agreements, assignments to rights under various loan documents, construction contracts, architectural agreements and commercial leases, as well as the agreement which governed the sale and assignment of the ownership interests in the project. Following acquisition of the project and completion of construction, Joe assisted the owner of the project in selling the property. Sale price: $14,000,000.

Office Lease

Represented Geffen, Mesher & Company, PC in the amendment of its lease at Pioneer Tower in downtown Portland. The lease amendment extended the lease term through June 30, 2027 and expanded the Company's premises to 31,433 square feet.

Peterson Caterpillar Property Acquisition

Represented the purchaser of the Peterson Caterpillar property in Northeast Portland. The property consists of 13 buildings containing approximately 264,000 square feet, constructed on 30.64 acres of land. The acquisition involved extensive environmental due diligence which resulted in a No Further Action Letter from the DEQ, issued shortly before closing. Purchase price: $17,500,000.

Portland Custom House Acquisition

Served as local counsel to the purchaser in its acquisition of the Portland Custom House located in inner Northwest Portland. Joe advised the purchaser on the Oregon Special Assessment Program and the status of the work performed by the seller pursuant to the Preservation Plan approved by the State Historic Preservation Officer. Joe also served as local counsel for the borrower on the loan made by Deutsche Bank AG. Purchase price: $30,000,000.

Public-Private Development Agreement

Represented a national company with its headquarters in Wilsonville, Oregon in consummating a Development Agreement with the City of Wilsonville pursuant to which the City and the company shared the cost of constructing a major street project.

Purchase of Cenveo Corporation Property

Represented the purchaser in its acquisition of the Cenveo Corporation properties located in inner Northwest Portland. The representation involved a lease back to Cenveo Corporation. Purchase price: $7,500,000.

Purchase of Vancouver, Washington Office Building

Represented the purchaser in its acquisition of Parkway Plaza III, a 53,000 square foot office building in Vancouver, Washington. The acquisition of the property completed a tax deferred exchange under Section 1031 of the Internal Revenue Code. The representation involved negotiation and closing a loan with M&T Real Estate Trust.

Sale of Former YMCA Facility

Represented the sellers in the $10,000,000 sale of the former YMCA facility located in Southwest Portland.

Sale of Pearl District Block

Represented the sellers on the sale of a block in the Pearl District of Portland to Mill Creek Residential Development. Sale price: $9,180,000.

SunTech Corporate Park/Tanasbourne Corporate Park

Represented the purchasers in their acquisition of SunTech Corporate Park I, a 65,000 square foot building, and Tanasbourne Corporate Park I, a 77,965 square foot building, in Hillsboro, Oregon. The properties were acquired by the purchasers as part of each purchaser's reverse tax deferred exchange. Total purchase price: $23,275,000.

Acquisition of Kennewick, Washington Retail Center

Represented the purchasers in acquiring the Canal Crossing Shopping Center in Kennewick, Washington. The property was required as "replacement property" as part of a Section 1031 exchange. Purchase price $10,800,000.

Acquisition of Peterson Caterpillar Property

Represented the purchaser of the Peterson Caterpillar property in NE Portland. The property consists of 13 buildings containing approximately 264,000 square feet, constructed on 30.64 acres of land. The acquisition involved extensive environmental due diligence which resulted in a No Further Action Letter from the DEQ, issued shortly before closing. Purchase price: $17,500,000.

Tonkon Torp Facilitates $188 Million Sale of Lloyd Center Mall

Tonkon Torp real estate lawyer Joe Voboril represented the owners of Lloyd Center Mall in their recent $188 million sale of the regional shopping complex.

Compelling Arguments About River Plan Produce Positive Results for Business

Thanks to the work of Tonkon Torp lawyers and others, industrial businesses affected by the City of Portland’s River Plan/North Reach saw their concerns validated by a January 21 ruling of the state Land Use Board of Appeals (LUBA). LUBA sent the River Plan, which would significantly restrict development in the “industrial sanctuary” along a 12-mile stretch of the Willamette River, back to the Portland City Council for additional work.

Helping IKEA Break Ground in Portland

When home furnishings giant IKEA needed to secure land and obtain necessary approvals for a new location in the Portland Metropolitan area, they turned to Tonkon Torp for help. Tonkon’s real estate attorneys successfully navigated our client through the complex two-year process.

World Headquarters for Banfield, the Pet Hospital&reg

As one of the world’s largest veterinary hospital chains, Banfield Pet Hospital relies on the trusted counsel of Tonkon Torp. When Banfield was looking to build a new world headquarters, it once again turned to Tonkon Torp to handle all the legal matters.

The Portland Art Museum: Framing a Masterpiece

The Portland Art Museum’s $34 million renovation of the North Building, a 141,000 square foot landmark built as a Masonic temple in 1925, has added new modern and contemporary art galleries, two large ballrooms, as well as meeting rooms and administrative offices for the Museum. Tonkon Torp assisted the Museum with permitting, approvals, architect and construction contracts.

Costco Expands With Wilsonville Location

When Costco Wholesale Corporation was looking to expand its Portland Metro area operations, it turned to Tonkon Torp for help in securing enough appropriately zoned land to site a 145,000 square foot membership warehouse. The solution: Costco’s first integrated shopping center location in the Portland area.

Tonkon Torp Stays the Course in the Mississippi Avenue Lofts Project

The process to acquire, complete and sell the Mississippi Avenue Lofts involved a broad range of legal transactions from Tonkon Torp, including a funding round, multi-party loan and purchasing agreements, litigation and a final sale. Find the details and more featured cases here.

Community Involvement & Activities

Portland Art Museum
1992-2006, 2010-Present, Board Member
2010-Present, Chair of Operations Committee
1993-2005, Vice Chair of the Board
1996-2006, Chair of Building Oversight Committee

Schnitzer CARE Foundation
2005-2016, Trustee

Portland Public Schools
1987-1991, Board Member
1989-1991, Chair

Portland Neighborhood Revitalization Management
1989-1991, Panel

Portland City Planning Commission
1977-1981, Member
1980-1981, Vice Chair

Portland Area Metropolitan Boundary
1974-1976, Commission
1975-1976, Chair


Professional Memberships

American Bar Association
Multnomah Bar Association

The Best Lawyers in America

1995-2022, Real Estate Law

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Chambers USA: America's Leading Lawyers

2004-2019, Real Estate

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Super Lawyers

2006-2017, Oregon Super Lawyer – Real Estate

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Best Lawyers in America® Includes 53 Tonkon Torp Attorneys on 2022 List

Fifty-three Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2022

Best Lawyers in America® Includes 49 Tonkon Torp Attorneys on 2021 List

Forty-nine Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2021. A majority of attorneys have been named to the peer-review list in past years, and most have been recognized for more than five years.

2020 List for Best Lawyers in America® Includes 48 Tonkon Torp Attorneys

Forty-eight Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2020. A majority of attorneys have been named to the list in past years, and most have been recognized for more than five years.

Tonkon Torp Attorneys Author Real Estate Guide for Chambers USA

Four partners from the Tonkon Torp Real Estate & Land Use Practice Group authored the 2019 Chambers USA Regional Real Estate Guide for Oregon. The attorneys who contributed to the guide are Ted Herzog, David J. Petersen, Kimberlee Stafford, and Joseph Voboril.

Chambers USA Names 23 Tonkon Torp Attorneys in 2019 Ranking

Chambers USA: America’s Leading Lawyers for Business has recognized 23 Tonkon Torp attorneys in seven practice areas in its 2019 USA Guide.

All News Items

Supreme Court Allows Superfund Cleanup Cost Recovery

On June 11, 2007, in U.S. v Atlantic Research Corp., the United States Supreme Court solved a portion of the puzzle that has confounded so-called potentially responsible parties (PRPs) since the Court’s decision in Cooper Industries, Inc. v Aviall Services, Inc. in 2004.

To Bond or Not to Bond Private Construction Jobs

By Joseph S. Voboril – When representing clients in negotiating and drafting construction agreements for private construction work, I am often asked: Should we require the contractor to provide a bond? This question doesn’t arise on public works contracts because contractors on public (federal, state, and local agencies) projects are generally required to provide both performance and payment bonds.

Managing Construction Risk for Oregon Owners and Builders

This article looks at how owners and builders can minimize risk for both private and public projects. A construction contract is the primary source for managing risk for a project of any size.

What’s Driving Real Estate in the Portland Metropolitan Area?

When it comes to big buildings, the suburbs have been where the action is. The largest projects and transactions in the past twelve months have been in the Portland area’s western suburbs.

WeWork Continues to Grow and Evolve

In 2010, Adam Neumann and Miguel McKelvey started WeWork, a company that provides shared work spaces for startups, small businesses, freelancers and entrepreneurs. WeWork has been remarkably successful. After only eight years since opening its first location in New York’s SoHo district, WeWork now has 270 co-working locations in 90 cities.

Publications & Presentations

Panelist, “Commercial Real Estate and Coronavirus – What to Do Now, What to Do Next,” April 2020

“USA Regional Real Estate Guide – Oregon,” Chambers and Partners, May 2019