Real Estate

A major practice area at Gammage & Burnham is representing real estate developers, investors, builders, property owners, managers, construction companies, and financial institutions on a broad spectrum of real estate matters, including construction, lending and finance, and all aspects of acquiring, developing, leasing and selling retail, office, hotel, residential, multi-family, and industrial properties, as well as planned communities. Members of our real estate group have documented and negotiated various transactions with governmental entities, including development agreements with municipalities and leases made by the State of Arizona under the Urban Lands Act.

Our real estate practice also includes special expertise in commercial lease transactions including the negotiation and drafting of office, retail and industrial leases, and the enforcement of landlord remedies in conjunction with our commercial litigation practice group. Matters we have dealt with include documenting the acquisition and the sale of both undeveloped and developed property; negotiation of partnership and joint venture agreements; negotiation and documentation of acquisition, construction and permanent financing; negotiation and preparation of leases; negotiation and preparation of construction and construction management agreements; preparation of covenants, conditions and restrictions, development agreements and related documents; compliance with state and federal water law; subdivision and planned community development issues; the negotiation and implementation of tax abatement and reduction through so-called GPLET transactions; and business and tax planning with respect to all of the above. We have also represented title insurers in the analysis and defense of title insurance claims.

Our real estate transaction attorneys work closely with our land use and zoning, environmental, and construction lawyers. Many of the transactions we have documented and negotiated have involved innovative solutions to unusual development issues in public/private negotiations. This experience involves extensive work in the redevelopment areas of Phoenix, Tempe and Glendale, including major hotel and high rise office projects, such as Renaissance Square in Phoenix, the U.S. Airways headquarters in Tempe and the Tempe Mission Palms Hotel. More recently, we have structured a number of public/private transactions involving tax abatement through the use of the possessory interest mechanism and public investment in infrastructure through sales tax rebate mechanisms. We find representation of development proposals is moving increasingly toward the use of development agreements and we have negotiated many such agreements with cities throughout the Valley. We also have a growing practice with regard to public/private utility issues and the representation of builders and developers with regard to community facilities districts.


Practicing Attorneys

Thomas J. McDonald

Jeffrey J. Miller

Timothy J. Martens

Michael R. King

Diane K. Geimer

Randall S. Dalton

George U. Winney, III

Jerry D. Worsham II

Kevin R. Merritt

James F. Polese

Patricia E. Nolan

Ryan J. Millecam

Jonathan A. Bennett