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Matthew R. Fogt

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Phone(949) 851-5453

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Experience & Credentials
 

Practice Areas

  • Land Use
  • Real Estate
  • Construction
  • Eminent Domain & Valuation
  • Water Rights & Resources
  • Energy & Cleantech
  • Environmental & Natural Resources
  • Real Estate Finance
  • Telecommunications
 
University University of Utah, B.S., Environmental Studies, 2001; Order of the Coif
 
Law SchoolJ. Reuben Clark Law School at Brigham Young University, J.D., magna cum laude, 2005; Editor, BYU Law Review
 
Admitted2006, California
 
Biography

Matthew R. Fogt actively works with the firm's land use, real estate, environment, natural resource and energy practice groups. He also works with a broad range of asset types, including master-planned communities, renewable energy facilities, mixed use projects, airports, resource extraction, hospitality properties, agriculture, as well as office, industrial, multi-family and retail properties. The breadth of Matthew's expertise provides unique efficiency and value to clients in that he routinely performs work typically done by two or more separate attorneys.

Within the land use realm, Matthew regularly obtains development approvals from various local, state and federal agencies, performs entitlement and zoning review as part of acquisitions, navigates projects through the California Environmental Quality Act and the National Environmental Policy Act, processes subdivision maps, advises regarding redevelopment issues, including prevailing wage, arranges public finance, including community facilities districts, advises regarding affordable housing, and negotiates complex conservation easements and development agreements.

Within the real estate realm, Matthew regularly handles the following transactions: purchase and sale, debt and equity financing, public finance, leasing, utility agreements, master developer representation, easements, Department of Real Estate and owners' associations, title review, construction agreements, infrastructure agreements, exactions and fee agreements, consultant agreements, construction defect, notifications and advisories, and eminent domain.

In addition to general land use and real estate matters, Matthew also regularly advises regarding renewable energy projects, utility rights-of-way, state and federal resource permits, habitat conservation plans, remediation plans, underground storage tanks, and brownfield development.

Matthew resides in Irvine with his wife and five children. He volunteers with the Boy Scouts of America and his church's youth program and coaches soccer and softball.

Memberships

ˇ Urban Land Institute

ˇ Building Industry Association

ˇ Commercial Real Estate Development Association (NAIOP)

ˇ Orange County Economic Think Tank

ˇ J. Rueben Clark Law Society - Orange County Chapter

ˇ Boy Scouts of America - Orange County Council

Accolades

ˇ Named a Rising Star by Southern California Super Lawyers (2010-11)

Education

Matthew received his J.D. from the J. Reuben Clark Law School at Brigham Young University in 2005, where he graduated magna cum laude and was honored with the Order of the Coif. During law school, Matthew was an editor on the BYU Law Review, President of the Natural Resource Law Society, Civil Chair of the Government and Politics Legal Society, a counselor in the Academic Success Program, and a pupil in the American Inns of Court. Matthew also externed for the Honorable Matthew B. Durrant of the Utah Supreme Court, the Honorable Bruce S. Jenkins of the United States District Court for the District of Utah, and for the United States Attorney's Office for the District of Utah.

Prior to law school, Matthew worked for the United States Forest Service on planning issues. Matthew received a B.S. in environmental studies from the University of Utah in 2001. During college, Matthew took two years off to volunteer as a Spanish-speaking missionary in eastern Washington, where he worked primarily with migratory farm workers and Native American communities.

Representative Matters

ˇ Regent Properties. Represented Regent Properties in connection with the acquisition, development and disposition of several master planned communities and mixed use projects throughout California.

ˇ Lennar Communities. Represented Lennar Communities in connection with the acquisition, development and disposition of several communities throughout California.

ˇ Kilroy Realty. Represented Kilroy Realty in connection with the acquisition, development and disposition of several office and mixed use projects throughout California.

ˇ Sullivan Automotive Group. Represented the Sullivan Automotive Group in the acquisition and development of several auto dealerships.

ˇ Amonix. Represented Amonix in connection with the acquisition and development of several solar facilities throughout the western United States.

ˇ Shea Homes/Standard Pacific Homes. Represented Shea Homes and Standard Pacific Homes in connection with the approval by several federal, state and local agencies of a conservation easement on more than 600 acres of land on a former oil field.

ˇ AvalonBay Communities. Represented AvalonBay Communities in connection with the acquisition of several multi-family communities in California.

ˇ Developers. Represented PLC Land Company, Rockpoint Group, Starwood Capital, and Fieldstone Communities in connection with the development and disposition of the Monrovia Nursery Property located in Azusa, California.

ˇ Blackstone. Represented Blackstone in connection with its $39 billion acquisition of Equity Office Properties Trust (at that point the largest owner of office space in the U.S. other than the Federal Government).

ˇ Abengoa Solar. Represented Abengoa Solar in connection with its $1.2 billion loan guarantee with the Department of Energy to build the Mojave Solar Project.

Publications

Press & Media

7/27/2011, 60 Allen Matkins Attorneys named among Super Lawyers 2011 and Rising Stars 2011

7/19/2010, 63 Allen Matkins Attorneys Named Among Super Lawyers 2010 and Rising Stars 2010

Article

11/1/2010, The Elephant in the Title Report
By Matthew R. Fogt in Distressed Assets Investor

5/26/2009, Public Subsidies: Not Allowing the Tail to Wag the Dog
By Matthew Fogt in California Real Estate Journal

Legal Alert

10/13/2009, Legal Alert: Court Upholds EIR Against Challenges to Energy Impacts Analysis, Extra-Jurisdictional Mitigation, and Amendments Following Planning Commission Review
This alert discusses a key CEQA case which provides guidelines for preparing an EIR.

10/12/2009, Legal Alert: Governor Temporarily Delays Commencement of Energy Consumption Disclosure Requirement
Information in this alert is useful to owners and operators of non-residential property.

5/19/2009, LEED for Neighborhood Development: How Green is Your Neighborhood?

4/8/2009, Upcoming Deadlines for Informal Property Tax Review

2/26/2009, Energy Related Provisions of the American Recovery and Reinvestment Act of 2009 May Help California Reach State Renewable Energy Goals

2/17/2009, Investment Opportunities and Strategies for Acquiring Defaulted Community Facilities District (CFD) Bonds

11/27/2008, New Green Plan Could Increase Cost of New Greenfield Housing
Information in this alert directly affects all developers -- especially those with housing projects in greenfield areas.

7/16/2008, Governor Signs Map Extension Bill
Information in this alert directly affects all owners of property with a current tentative map or other entitlements with applicable expiration dates.

3/31/2008, Proposed Two-Year Extension for Tentative Maps

2/25/2008, Protecting Projects with CFD Financing from Prevailing Wage Requirements

2/8/2008,Have you updated your Community Association Election Rules and Procedures?

 
ISLN918999311
 
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Office Information

Matthew R. Fogt
Allen Matkins Leck
Gamble Mallory & Natsis LLP

1900 Main Street, 5th Floor
Irvine, CA 92614-7321




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