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JMBM Real Estate Practice

Getting results for developers, owners and investors

Jeffer Mangels Butler & Mitchell’s real estate group represents clients in all facets of real estate development, transactions and disputes. Our lawyers have the breadth, depth and experience to handle all aspects of real estate, including site selection, joint venture structuring, acquisition, land use and entitlement approval, financing, construction, leasing and disposition. Unlike real estate lawyers at other full service firms, ours is a true, stand-alone practice aimed primarily at clients directly involved in the real estate industry. Our experience bridges all project types, including office, industrial, retail, multifamily residential, single family residential, hotel, resort and vacation club properties, and mixed use development.

Having worked on thousands of purchase, sale and development projects throughout the United States and internationally, we have the experience to help you structure and negotiate the best business deals, then quickly document and close the transaction. Whether the deal involves single properties or multiple property portfolios valued in the hundreds of millions of dollars, we don’t use the pyramid staffing structure common to other law firms. Instead, we staff each matter with one or two working lawyers who maximize efficiency and value. Our interdisciplinary strengths at handling corporate, environmental, tax and labor matters allows us to provide clients with single-source service, allowing us to guide clients through even the largest projects.

Getting the deal done

Our lawyers anticipate and resolve due diligence issues, environmental liability, title, deed and other problems during negotiation, with excellence and creativity, and also work tirelessly to maximize tax advantages in entity and project structuring.

JMBM has handled the acquisition, financing, development, lease-up and ultimate disposition of billions of dollars of office and industrial projects on behalf of publicly-traded and privately held companies. We have also represented major landlords of commercial, industrial and retail space in thousands of lease transactions (valued at an aggregate $6 billion), including many of the largest transactions in California.

Our Firm serves as real estate counsel for national giants in both retailing (such as Target Corporation and Bed, Bath & Beyond, Inc.) and the restaurant industry (including the Darden Group, Inc., the parent of Olive Garden and Red Lobster).
Getting Results – A complex multi-state deal
We closed a 5.9 million square-foot real estate acquisition for longtime client Arden Realty Limited Partnership. The portfolio of office buildings in the purchase spanned six West Coast markets, including San Francisco, Orange County, San Diego, Seattle, Portland and Salt Lake City. The challenging transaction involved more than two months of intensive legal work to secure the acquisition rights and perform the necessary due diligence analysis, which included a variety of real estate, land use and tax issues.

Restructuring troubled real estate deals

JMBM real estate lawyers collaborate with colleagues in bankruptcy and corporate law to represent secured creditors and developers in restructuring many troubled real estate projects. Both lenders and borrowers value our advice on resolving real estate loan problems, including defaults, workouts, repossession, foreclosure and receivership.

We work to resolve defaults on loans for large scale master-planned developments, office, residential and retail properties, utilizing creative structures that serve the best interests of our clients. Central to our ability to resolve problems is our financing experience with both conventional lending and conduit and securitized financing, including debtor-in-possession financings and related roll-ups.

Because real estate is often the most important (and valuable) collateral involved in a bankruptcy filing, we help clients resolve problems in the management and operation of foreclosed real estate, the servicing of mortgages and the general administration of loan portfolios. We also assist clients to dispose of troubled real estate – focusing on lender liability, environmental risk management and regulatory issues.
Getting Results – Bringing a property out of bankruptcy
On behalf of our client California Mortgage and Realty’s CMR Mortgage Fund, JMBM real estate and bankruptcy lawyers closed a nearly $100 million loan to Halekua Development Corporation, an out-of-possession debtor in a Chapter 7 bankruptcy case. The loan enabled Halekua to redeem from its bankruptcy estate approximately 161 acres of land known as Royal Kunia Phase II, located 30 minutes west of Honolulu, that it owned when it entered bankruptcy nearly four years earlier. The loan also provides financing to Halekua for predevelopment and infrastructure costs as it develops a 2,000-home master-planned community on the site. The complex loan also involved issues of corporate organization, real estate transactions, and land use and environmental matters.

Handling the complete development process

If you are an owner, developer, investor or lender in any commercial market sector, you can turn to JMBM for help with any project. Our lawyers will get your shopping center, office, industrial, hotel, resort, healthcare or mixed-use development project done right.

Using the experience we have gained from working with the key players in the development process, we do what’s necessary to make a project successful – get regulatory and land use approvals, negotiate development agreements, conduct environmental due diligence, secure loans and development incentives, and work to bring the construction and lease or sale of the project to completion.

We combine detailed knowledge of all legal and business aspects of the development process with a thorough understanding of multi-jurisdictional development requirements, and are skilled at resolving special zoning or other use restriction problems. On behalf of a developer client, we obtained the first successful approval under the new Los Angeles Mixed Use Ordinance for a development project that included 540 apartments and 27,000 square feet of commercial space. In another instance, we successfully tried a highly controversial case arising out of the demolition of an old structure without permit in downtown Los Angeles, crafting a settlement that resulted in new development of nearly 1,000 apartment units.
Getting Results –  A major industrial project, from start to finish
JMBM represented both the developer and the investment fund providing the financing for a California project that was one of the largest industrial properties ever built on spec. We helped our clients form a joint venture for building the 1.7 million square foot facility, handled the acquisition of the land, and closed the nine-figure sale to one of the world’s largest appliance manufacturers – all while construction was still in progress.

Structuring the best financial options

We can facilitate the financing of any development project using conventional or unconventional lending sources, including mezzanine financing. Our lawyers advise owners, lenders and investors (including entrepreneurial individuals and investment funds) on financing strategies, and excel at evaluating real estate and facility portfolios and converting debt and expense liabilities to maximize asset value. We can evaluate and structure financing alternatives, develop and analyze lease versus ownership advantages, and identify tax and economic incentives.
Getting Results – Financing for a pioneering transaction
When a leading New York developer wanted to pursue its first California venture, JMBM was the Firm of choice for the deal financing. We closed the senior debt portion of the capital financing for our commercial lending client, HSBC, on the new $330 million Wilshire Carlyle luxury condominium tower.

The 24 story, 78-unit crescent-shaped tower may well be the last high-rise permitted on the Wilshire corridor, and developer El-Ad Group needed financing that was structured for the scope of this luxury project. We facilitated an intricate financial transaction that covered the land, the site excavation and the tower design.
Facilitating new uses for redeveloped properties
Working closely with the Firm’s environmental and land use lawyers, our real estate team helps clients negotiate approval with land use and environmental authorities for property reclamation. We have a special focus on properties involved in rock, sand and gravel quarry operations, and aggregate mining.

Our work in this area is not typical environmental remediation and cleanup. Rather, it is more specialized and transaction-oriented, and aimed at positioning properties for useful second lives once their original production activity is completed. If you own such land, we can help with everything from securing permits and approvals to identifying sources of public and private development financing.
Getting Results – An unprecedented development agreement
After precedent-breaking litigation, JMBM client, United Rock Products Corporation, and the City of Irwindale, California reached agreement to extend the life of the Irwindale quarries for 25 years. The transaction is most notable for the creation of a joint powers authority between the City of Irwindale and the Irwindale Reclamation Authority, the first such arrangement ever created in California. Under the arrangement, the joint powers authority contributes millions of public dollars to a fund that is set aside for the eventual reclamation and development of United Rock's quarries in the city.

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