Gary S. McKitterick



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Biography

Gary is a partner in the firm's Orange County office and is the former Vice-Chair of Allen Matkins Real Estate Practice Group. He is a recognized transactional lawyer who handles real estate transactions of all sizes on a national basis representing commercial, retail, industrial, office, medical and residential developers in a wide range of projects. Gary has been selected as one of the top real estate lawyers in America by Woodward/White's Best Lawyers in America from 2003 to 2011. Additionally, since 2004, Gary has been selected by his peers for inclusion in Southern California Super Lawyers, while The Los Angeles Times listed Gary, each year since 2006, as one of the "top lawyers in Los Angeles" in the field of real estate.

From 2003 to 2011, Gary closed deals in excess of $7.7 billion. One of Gary's specialties is structuring and negotiating complex transactions for public and privately held companies.

Gary's areas of practice include:

  • Debt Analysis and Modifications (CMBS and Bank)
    Securitized Loan Modifications, Restructures and Workouts, Debt Portfolio Analysis, Debt Purchase Agreements, Construction Loans, Permanent Loans, Ground Lease Financing, Participating Loans, and Sale and Acquisition of Problem Loan Portfolios.
  • Representation of Real Estate Investors (Public And Private Companies), Developer's, Sellers, Purchasers And Managers (Industrial – Office – Hotel – Retail – Medical - Golf Courses)
    Complex Acquisition Documentation, Mixed Use Project Documents, Build-to-Suits, Management Contracts, Development Agreements, Public/Private Development Management Agreements, Purchase and Sale and Option Contracts, Owner Participation Agreements, Golf Course Acquisition, Golf Course Management, Formation of Private Country Clubs.
  • Representation of Landlords and Tenants (Industrial – Retail – Office – Ground Leases)
    Ground Leases, Build-to-Suit Industrial, Office and Retail Leases, All types of Anchor, Restaurant, Pad and Shop Leases, Supermarket Leases, Sports Facility Leases, Ground Leases, Parking Agreements, Sublease/Assignment Issues, Lease Dispute Resolutions and Workouts and Tenant Improvement Construction Contracts.
  • Design and Construction Representation (Office – Health Care - Industrial – Hotel – Retail – Residential)
    Negotiation of Construction Contracts, Architect Agreements, and Engineer Contracts, Risk Assessment (Indemnity, Insurance Issues), Development of Contract and Subcontract Forms, Mechanics' Lien Issues, Professional Service Agreements, Private and Public Work Issues, Dispute Resolution, Grading Contracts, Construction Management Contracts, Design Build Contracts, Fast Track Contracts and Bid Documents.

Gary is one of the leading transactional construction experts on the West Coast and has authored a chapter on construction management issues for Mathew Bender. He has lectured on construction matters for graduate schools at UCLA and UCI and has written numerous articles covering such subjects as "Organizing and Planning a Project" and "The Role of Construction and Development Management." 
  

Memberships

  • UC Irvine Center for Real Estate – The Paul Merage School of Business, Board of Advisors (2008-present) 
  • Hoag Memorial Hospital Presbyterian, Newport Beach, California, Board of Trustees (2007-present) 
  • American Diabetes Association – Orange County, Executive Advisory Committee (2007-2010) 
  • Orange County Father of the Year and Fathers Day Council, Executive Advisory Committee (2007-present); Fathers Day Council, Chair (2008 and 2009)
  • Harbor Day School, Newport Beach, California,  Board of Trustees President (1998-2000); Executive Committee (1994-2001); Board Member (1993-2007)
  • Sage Hill School, Newport Beach, California, Board of Trustees (1996-1997)
  • Stanford Professionals in Real Estate 
  • Advisory Board for the Center for Real Estate at UCI Graduate School of Business 
  • Urban Land Institute (ULI) 
  • International Council of Shopping Centers (ICSC) 
  • National Association of Industrial and Office Parks (NAIOP)

Community Activities

  • Hoag Memorial Hospital Presbyterian in Newport Beach, board member
  • Hoag Orthopedic Institute, board member

Accolades

  • List in Best Lawyers in America (2003 - 2012)
  • Selected for inclusion in Southern California Super Lawyers (2004-2012)
  • Listed in OC Metro as one of Orange County's Top Lawyers in Real Estate Development and Construction (2009) 
  • Selected as a leading expert in the United States in the field of real estate by "The Legal 500 – United States" (2007, 2008 and 2009) 
  • Orange County Father of the Year Honoree 2006

Education

Gary obtained his B.A. from Stanford University and his J.D. from Loyola Law School Los Angeles.

Bar Admissions

  • California