Robert Bell specializes in real estate development, leasing, workouts and brokerage matters. His practice covers a wide range of transactions focused primarily on real estate development and workouts in commercial, industrial, office and residential projects. He has extensive experience in urban in-fill and redevelopment transactions, commercial leasing, build-to-suit transactions, construction contracts, real estate debt restructuring, workouts and real estate brokerage issues. He has represented a number of publicly traded and privately held home builders and commercial/industrial developers with respect to the acquisition, development, and sale of projects including complex joint development agreements and joint ventures. He has served on numerous occasions as an expert witness with respect to complex real estate litigation and is a licensed California real estate broker. Recent Work / Representative Matters Mixed-Use, Urban In-Fill. Representation of LNR Property Corporation, with respect to a 233-acre urban in-fill, mixed-use development in the city of San Diego on property formerly owned by General Dynamics Corporation. The project included over $190 million in land sales of industrial, office and residential lots and four major build-to-suit projects for corporations such as Northrop Grumman and Jack In The Box. Representation of California Pacific Homes in the acquisition of an abandoned quarry site in the urban center of San Diego for the development of a 1,250-unit master-planned community known as "Stone Crest Village," including the lot sales to merchant builders. Representation of Ahmanson Developments in conjunction with the acquisition from the RTC and the development and sale to merchant builders of "Renaissance-La Jolla" which was a 2,500-unit urban, mixed-use master-planned community in La Jolla, California. Residential Subdivision Development. Representation of Pulte Home Corporation over 20 years in over 100 significant transactions throughout California including the acquisition of subdivision development parcels; the acquisition, development and sale of a major mixed-use commercial and residential project known as Silverhawk in Riverside County; the formation of active adult communities; and a nine figure asset purchase of ColRich Communities, a major regional homebuilder, which included approximately 397 lots in ongoing projects and the potential for approximately 275 additional lots in various stages of acquisition by ColRich. Representation of Shea Homes over 12 years in over 60 significant transactions in Southern California including the acquisition of the assets of UDC Homes Inc., a major western regional builder and the acquisition of numerous subdivision projects in Southern California such as the 582-lot project known as Victoria Grove in Riverside County which included the assemblage of seven large parcels from different owners, a joint processing and development agreement, the establishment of a CFD, and a profits participation agreement. Also assisted with various land banking option agreements. Representation of KB Homes in over 30 significant transactions in Southern California including the acquisition of the 355-lot project known as Renaissance Ranch in Corona which required the acquisition of land and options rights, the post-closing formation of a CFD, and the negotiation of an off balance sheet, land banking Option Agreement with Acacia Credit Fund. Redevelopment Projects. Representation of LNR Property Corporation in the acquisition of a 202-acre mixed-use site in the city of Fontana which was subject to a failed CFD located within the City's Redevelopment District. Assisted the client with restructuring the CFD and entering into a Disposition and Development Agreement with the city of Fontana including the negotiation of covenants, conditions and restrictions with the city. Assisted the client with land sales, spec building development, and build-to-suits with over $200 million in value. Representation of the New Children's Museum with the acquisition from the San Diego Redevelopment Agency of a city block in the heart of downtown San Diego and the simultaneous sale of two-thirds of the block to a high-rise condominium developer in order to provide funds necessary to commence construction of the New Children's Museum. Representation included all construction contracts and documentation with general contractors for the joint development of the 50,000-square-foot Museum and a 36-floor condominium tower with shared facilities in an "air space" master condominium. It also included extensive negotiations with the Redevelopment Agency with respect to an Owner Participation Agreement on behalf of the museum. Representation of the developers of the Smart Corner project within the East Village area of the Redevelopment District of downtown San Diego in conjunction with negotiations for a joint-use agreement with the City Housing Commission. The project consisted of the joint development of a 301-unit condominium tower, office building for the Housing Commission, and parking structure all intersected by the San Diego Trolley System via a three-dimensional subdivision map. Restructuring, Workouts, Foreclosures and Receiverships. Representation of one of the country's largest Savings and Loans with respect to commercial real estate debt restructuring, receiverships, and foreclosures in Southern California. Headed a team which handled on behalf of the client over 250 commercial real-estate foreclosures, receiverships and debt restructuring matters. Representation of Lowe Enterprises Residential Investors, LLC as a mezzanine lender, in a workout with a major residential developer on a project in Riverside County. The workout involved negotiations with the developer, senior A&D lender and a defaulted community facilities district. A successful forbearance agreement was reached which gave the developer sufficient time to bulk sale the project. Representation of Key Bank Equity Capital as a mezzanine lender on a 90-unit condo conversion project with a security interest only in the membership interest of the developer. Client's $3.5 million mezzanine loan was subordinate to a construction loan in excess of $13 million, a questionable second deed of trust in excess of $3.5 million and over $650,000 in mechanic liens. All tenants had vacated the building, the construction loan was in default, the developer had abandoned the project and sales had come to a halt. Successfully obtained an agreement for all parties to appoint a receiver with authority to draw on the construction loan and complete the project. Leasing. Representation of Ligand Pharmaceuticals in build-to-suit leasing transactions with multiple owners of four lots in the Torrey Pines Science Center, La Jolla, California for the development of its campus headquarters with in excess of 150,000 square feet of office and research facilities (including a vivarium). The project included a complex off-balance-sheet lease, commonly referred to as a synthetic lease as well as complex reciprocal easements and agreements among the owners and tenant. Representation of ViaSat, Inc. in a build-to-suit leasing transaction for the phased, optional build-out of 300,000 square feet of office and research facilities for ViaSat's 20-acre campus headquarters and research facilities in Carlsbad, California. The transaction included the requirement of sophisticated satellite communications high tech equipment and the negotiation of reciprocal easements, covenants and conditions in office park CC&Rs. Real Estate Brokerage Matters. Representation of the San Diego Association of Realtors for over 25 years as general counsel and served on the California Association of Realtors Legal Affairs Committee during that time. Served as an expert witness on numerous occasions on broker-related issues and provided counsel to many clients on brokerage licensing and related legal issues including commission disputes, RESPA issues, and limitation of liability issues for operating captive-brokerage businesses. Memberships San Diego County Bar Association. Board of Directors, San Diego Regional Economic Development Corporation, 2004 to 2011. San Diego County Building Industry Association, 1998 and 2003 Board of Directors. California Association of Realtors, Legal Affairs Committee. National Association of Industrial and Office Properties. San Diego County Apartment Association, past president. San Diego Fair Housing Council, past chairman. San Diego Housing Trust Fund, past trustee. Member of Lambda Alpha International Honorary Society for the Advancement of Land Economics. Member of Policy Advisory Board for Commercial Real Estate of the Burnham-Moores Center for Real Estate. California Western School of Law - Council of Advisors. Special Notes Luce Forward's managing partner, 2004-2009. Licensed California real estate broker. Recognition Martindale-Hubbell® AV Rating. The Best Lawyers in America® - Lawyer of the Year: 2010 (Real Estate Law). The Best Lawyers in America® - First Year Listed: 2008 - Most Recent Listing: 2012 (Construction Law, Real Estate Law). Super Lawyers: Corporate Counsel - Most Recent Listing: 2010 (Real Estate). Super Lawyers: Business Edition - 2011 (Real Estate). San Diego Super Lawyers - Corporate Counsel - Most Recent Listing: 2009 (Real Estate). San Diego Super Lawyers - Most Recent Listing: 2011 (Real Estate). The Daily Transcript: San Diego County Top Attorneys - 2008-2011 (Real Estate & Construction Transactional). San Diego Metropolitan - Top 25 Lawyers - 2010. Partial Client List KB Home LNR Property Corporation Pulte Home Corporation Sage Community Group Shea Homes Industries Real Estate Publications / Presentations Select Linked Articles 10 | 08 | 2010 Legal e-Update
Short Sales: Let the Agent Beware 12 | 19 | 2008 Legal e-Update
New RESPA Rule Limits Home Builders' Ability to Incentivize Use of Affiliated Settlement Service Providers 09 | 10 | 2003 Legal e-Update
Gans v. Smull - When Is Saturday Not a Holiday? Media Presence / Articles About Attorney / Attorney Contribution 09 | 13 | 2011 Recognition
Thirty-Two Luce Forward Attorneys Named to 2011 Super Lawyers Business Edition 09 | 08 | 2011 Recognition
Thirty-Four Luce Forward Attorneys Named Best Lawyers in America® 06 | 05 | 2011 Recognition
Thirty Luce Forward Partners Named San Diego Super Lawyers 07 | 21 | 2010 Recognition
The Daily Transcript Names Seven Luce Forward Partners "Top San Diego County Attorneys" 06 | 15 | 2010 Recognition
Thirty Luce Forward Attorneys Named San Diego Super Lawyers 10 | 22 | 2009 Recognition
Best Lawyers Names Luce Forward's Robert Bell 2010 San Diego Real Estate Lawyer of the Year 08 | 04 | 2009 Recognition
Luce Forward Attorneys Named Best Lawyers in America 06 | 17 | 2009 Recognition
Thirty-Two Luce Forward Attorneys Named San Diego Super Lawyers 09 | 25 | 2008 Recognition
Thirty-Two Luce Forward Attorneys Named to Super Lawyers Corporate Counsel 08 | 18 | 2008 Recognition
Lawdragon Names Luce Forward's Robert Bell One of the Nation's Top Managing Partners 08 | 18 | 2008 Recognition
The Daily Transcript Names Nine Luce Forward Partners "Top San Diego County Attorneys" 08 | 05 | 2008 Firm Management
Luce Forward Makes New Management Changes to Continue Strategic Growth in California 05 | 19 | 2008 Recognition
32 Luce Forward Attorneys Named San Diego Super Lawyers - Five Attorneys Receive Top Honors 09 | 21 | 2007 Recognition
Luce Forward Attorneys Named Best Lawyers in America: Attorneys at Prominent California Law Firm Receive Recognition 06 | 07 | 2007 Recognition
34 Luce Forward Attorneys Named San Diego Super Lawyers 10 | 20 | 2006 Appointment
Luce Forward Partners Robert J. Bell and Robert G. Steiner Named Among San Diego's "Top 120 Influentials" All Authored Works "Short Sales: Let the Agent Beware" - Luce Forward e-Update - October 8, 2010. "New RESPA Rule Limits Home Builders' Ability to Incentivize Use of Affiliated Settlement Service Providers" - Luce Forward Legal e-Update - December 19, 2008. "Gans v. Smull - When Is Saturday Not a Holiday?" - Luce Forward Legal e-Update - September 10, 2003. (Managing Partner) (Also at Irvine Office) |