Overview

Mr. Gunther is a member of the firm’s Real Estate section.  He represents clients in the financing, acquisition, development, construction, joint venturing, leasing, and the sale of nationwide commercial, industrial, residential, retail, agricultural, and mixed-used properties.  In addition, he represents lenders in documenting mortgage loans, developers in land use and construction, and regularly advises institutional landowners including nationally recognized retail centers, agribusinesses, commercial lessors, and developers regarding various real property and land-use issues.  Mr. Gunther specializes in representing sellers and buyers in the sale and acquisition of large-scale real estate assets.

Experience

Representative Real Estate Acquisitions and Sales
  • Buyer’s counsel to a real estate investment company in all legal aspects of acquiring nationwide office, retail, industrial, residential tower, and multi-family projects valued in excess of $500 million.
  • Buyer’s counsel in a series of sale-and-lease back transactions for a nine-state portfolio valued in excess of $170 million.
  • Buyer’s counsel to a real estate developer in the sale of seven multi-family projects valued in excess of $350 million.
  • Seller’s counsel to a real estate investment company in the sale of $100 million in commercial office buildings.
  • Seller’s counsel in the sale of raw land entitled for industrial, hospitality, residential, and mixed-used developments, both locally and nationwide; representations involve closing of phased takedowns and adapting contractual obligations to shift in long-term development needs.
  • Represents a healthcare provider in the acquisition, development, construction, and sale of operating hospital properties and raw land.
Real Estate Development and Landholding Representation
  • Represents owner of City Creek Center in Salt Lake City, Utah (a 20-acre, downtown retail, office, residential project) in various matters involving ownership, operation, and ongoing development of the center.
  • Developer’s counsel in large-scale developments such as a 25-story downtown commercial office tower in Salt Lake City, Utah.
  • Developer’s counsel a hospitality and condominium time-share project in Moab, Utah.
  • Developer’s counsel in a large mixed-use retail center in Mesa, Arizona.
  • Developer representation includes forming condominium projects; working with city planners, surveyors, and opposing parties in securing entitlements and parcel configurations to facilitate construction; and negotiating covenants, conditions, restrictions, construction contracts, and reciprocal easements to facilitate project development and operation.
  • Represents developers, agribusinesses, and real estate investment companies in drafting, updating, and managing extensive repository of clients’ form contracts.
 Real Estate Financing 
  • Borrower’s counsel to a developer in negotiating and closing construction loans valued in excess of $75 million with primary and mezzanine lenders for hospitality and multi-family projects.
  • Counsel to financially distressed client in a financial workout. Representation included drafting forbearance agreements with primary lenders, securing financing with secondary lenders, and negotiating workouts with lien claimants.
  • Act as counsel for lenders and borrowers in real estate financing, negotiating loan documents and loan opinions.

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