David Hymer has significant experience in real property acquisitions, development, leasing and sales. His experience includes representing the developer of a 3,400-unit master planned community in all aspects of development and sale; representing public and privately-held homebuilders in land acquisitions and related matters; representing shopping center developers and investors; complex real estate purchase and sale transactions; ground leases; built-to-suit transactions; real estate loan transactions; and construction contracts. Recent Work / Representative Matters Acquisitions and Sales - Recent transactions include the sale of a 670,000-square-foot shopping center in Sacramento, California; a sale of an 800,000-square-foot industrial/R&D complex in Rialto, California; option agreement for 1,250-acre residential development in Ventura County; sales to merchant builders in a planned residential community; numerous homebuilder land acquisitions; and hotel and retail acquisitions throughout the United States. Troubled Assets - Mr. Hymer has significant experience with forebearance agreements, loan modifications, deed in lieu of foreclosure, and purchases of troubled real estate loans from federal regulatory agencies. Construction Contracts - Mr. Hymer has significant experience with construction, design-build and architect contracts. He represents developers of high-rise condominium projects, including One Rincon Plaza in San Francisco, the tallest residential building west of the Mississippi. Recent transactions include a design-build contract for 750,000-square-foot warehouse and distribution facility. Leasing - Representation of owners and tenants in retail, office and industrial/R&D lease transactions, including lease of 150,000-square-foot facility to Lockheed Martin and lease of 750,000-square-foot facility to General Mills. Extensive experience representing owners in lease negotiations with national retail tenants. Real Estate Finance - Mr. Hymer frequently represents owners obtaining construction, acquisition and development and mezzanine loans, including numerous loans in excess of $100 million. Memberships San Diego County Bar Association. International Council of Shopping Centers. National Association of Industrial & Office Properties. Former member of the Board of Directors of the San Diego Council on Literacy. Past co-chair of the Real Property Section of the San Diego County Bar Association. Past co-chair of the Southern California Construction and Commercial Industrial Development Subsection of the Real Property Section of the California Bar Association. Recognition Martindale-Hubbell® AV Rating. Selected as "California Dealmaker" for 2009 by California Real Estate Journal. Industries Real Estate Climate Change, Renewable Energy & Sustainable Technology Charter Schools Publications / Presentations Select Linked Articles 11 | 02 | 2011 Legal e-Update
Buyer Beware: Purchasing Assets From a Receiver 12 | 06 | 2010 Legal e-Update
What Happened to Our Antiquated Mechanics Lien Law?! 10 | 01 | 2010 Legal e-Update
New Anti-Deficiency Protection for Residential Real Property Loans 11 | 19 | 2009 Legal e-Update
Credit Warming: First New CMBS Sale in Over Two Years Ready to Close 11 | 04 | 2009 Legal e-Update
You Can "Extend and Pretend," "Delay and Pray," or "Pay and Pray" and Not Get Criticized . . . Sort Of 09 | 17 | 2009 Legal e-Update
Major New Opportunity to Modify CMBS Loans Created by New Tax Rule - Special Servicer's Hands Untied 08 | 04 | 2009 Legal e-Update
Good News for Developers Regarding Construction Defect Statute of Limitations 04 | 28 | 2009 Legal e-Update
How the Regulatory Effects of Distressed Loans Affect Lenders, Borrowers and Loan Purchasers 01 | 22 | 2009 Legal e-Update
Buying and Selling Troubled Real Estate Loans on Uncompleted Projects: Selected Issues - Part 1 01 | 06 | 2009 Legal e-Update
Assembly Bill 2738 Changes Subcontractor Indemnity and Defense Obligations Media Presence / Articles About Attorney / Attorney Contribution 09 | 08 | 2008 Case Study
Real Estate - Featured Case Study 08 | 05 | 2008 Firm Management
Luce Forward Makes New Management Changes to Continue Strategic Growth in California 08 | 28 | 2007 Media Presence
Developers Getting Creative With Mixed-Use Projects All Authored Works "Buyer Beware: Purchasing Assets From a Receiver - Luce Forward Legal e-Update - November 2, 2011. "What Happened to Our Antiquated Mechanics Lien Law?!" - Luce Forward Legal e-Update - December 6, 2010. "Credit Warming: First New CMBS Sale in Over Two Years Ready to Close" - Luce Forward Legal e-Update - November 19, 2009. "You Can "Extend and Pretend," "Delay and Pray," or "Pay and Pray" and Not Get Criticized . . . Sort Of" - Luce Forward Legal e-Update - November 4, 2009. "Major New Opportunity to Modify CMBS Loans Created by New Tax Rule - Special Servicer's Hands Untied" - Luce Forward Legal e-Update - September 17, 2009. "Good News for Developers Regarding Construction Defect Statute of Limitations" - Luce Forward Client Alert - August 4, 2009. "How the Regulatory Effects of Distressed Loans Affect Lenders, Borrowers and Loan Purchasers" - Luce Forward Legal e-Update - April 28, 2009. "Buying and Selling Troubled Real Estate Loans on Uncompleted Projects: Selected Issues - Part 1" - Luce Forward Legal e-Update - January 22, 2009. "Assembly Bill 2738 Changes Subcontractor Indemnity and Defense Obligations" - Luce Forward Legal e-Update - January 6, 2009. Presentations "Charter Facilities: Rules, Restrictions and Opportunities (non-Prop. 39)" - 18th Annual California Charter Schools Conference - San Diego, CA - March 9, 2011. "Negotiating Your Best Deal in a Tenant's Market" - Luce Forward and Studley Presentation - September 28, 2010. "Commercial Leasing - Fundamentals of Negotiating a Good Lease" - Association of Corporate Counsel June MCLE - San Diego - June 17, 2010. Mr. Hymer is a frequent speaker on topics such as limited liability companies, current issues in real estate transactions, leasing issues and methods to limit developer liability. (Also at Irvine Office) |