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Emily E. Fenster

Emily E. Fenster

Attorney

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Professional Overview

Emily has a broad real estate and environmental practice that supports public and private clients through every stage of development, from site acquisition to project delivery. Her work includes structuring and negotiating complex transactions involving healthcare, industrial, and mixed-use assets; drafting and negotiating ground leases, air space condominium documents, and leaseback arrangements; advising on commercial, medical, and retail leases; and preparing governance documents for residential, commercial, and mixed-use projects. She also assists clients with preparing and negotiating master service agreements and other professional services contracts for clients engaging consultants, architects, and contractors for development projects.

Emily also provides both transactional and litigation support on environmental considerations in real estate development, including due diligence, redevelopment of contaminated properties, coordination with environmental consultants, and insurance recovery for environmental liabilities.

Prior to joining HCMP, Emily gained experience litigating construction and development-related claims—including cases involving landslides and water trespass—as well as representing clients in employment and business disputes. Her broad legal background enhances her ability to spot risks and deliver practical, forward-looking solutions.

Known for her responsiveness and approachable style, Emily works closely with clients to understand their goals, anticipate issues, and guide projects to successful completion. 

Representative Matters

Healthcare Real Estate and Development 

  • Represent a regional healthcare facility in the acquisition and sale of healthcare assets, including the purchase of an $84 million facility and the negotiation of a comprehensive suite of purchase and leaseback agreements.
  • Represent a regional healthcare provider in connection with medical-office leasing matters, including the negotiation of a reverse build-to-suit lease for a $45 million healthcare facility and related master services and construction agreements.
  • Represented nonprofit corporations in the issuance of over $200 million in tax-exempt and taxable lease revenue bonds to finance a municipal office project and related facilities, and in additional issuances totaling approximately $167 million to fund public health facilities.
  • Advise healthcare clients on the preparation and negotiation of architect, contractor, and consultant agreements in support of new development and tenant improvement projects.

Commercial, Mixed-Use, and Investment Transactions

  • Represented a joint venture in the air space condominiumization of a major real estate asset and the negotiation of long-term ground leases, leaseback arrangements, and condominium documents for the development of a mixed-use tower.
  • Represent a global real estate investment firm in connection with the sale, development, leasing, and management of a national portfolio of industrial and commercial properties.
  • Represent local, national, and international developers in the acquisition and disposition of a broad range of property types, including commercial, mixed-use, industrial, agricultural, vacant, and multi-family assets.

Condominium and Community Governance

  • Represent developers in preparing condominium and community governance documents for residential, commercial, and mixed-use projects, including the formation of nonprofit owners’ associations, review of survey maps and plans, and drafting of declarations, bylaws, and related instruments.

Environmental and Redevelopment

  • Draft environmental risk allocation provisions in purchase and sale agreements, leases, and development agreements, including provisions addressing contaminated property liability, ongoing remediation, indemnities, and regulatory compliance.
  • Advise clients on environmental considerations in real estate transactions and redevelopment projects.

    Articles and Presentations

    • Co-author, “Running Covenants” Chapter 8 Update, Real Property Deskbook, Washington State Bar Association, 2025
    • Co-author, “The effect of state and federal policies on biomass business investments in Wisconsin”, Ecosystem Workforce Program, Institute for a Sustainable Environment, University of Oregon, 2017

    Professional and Civic Involvement

    • Commercial Real Estate Women (Seattle), MarCom Committee Member
    • Member, Washington State Bar Association
    • Member, King County Bar Association

    Honors / Awards / Prior Experience

    • Recognized by Best Lawyers in America®: Ones to Watch in the field of Real Estate Law, most recently for 2025.

    Education

    • J.D., University of Oregon School of Law, 2018
      • Co-Director, Land Air Water
      • Conference Co-Director, Public Interest Environmental Law Conference
    • Master of Community and Regional Planning, University of Oregon, 2018
      • Thesis, June 2018, Community Coalitions & Community Benefit Agreements: Opportunities to Ensure Climate Change Mitigation Through Collaborative Planning
    • B.A., Communications, Washington State University, magna cum laude, 2014
      • NCAA Division I Women’s Swimming Team member

    Personal

    Outside of work, Emily enjoys spending time outdoors with family, friends, and her beloved dog, Bella. She’s an avid hiker and scuba diver, and takes advantage of the Pacific Northwest’s natural beauty whenever she can—whether exploring local trails, heading to the mountains, or diving.

    Bar/Court Admissions

    • Washington State Courts

    • Oregon State Courts