Gail S. Migita

Associate

Overview

Gail's practice focuses on real property acquisitions, dispositions, joint ventures and commingled funds. She represents institutional investors (including REITs and public pension funds), seniors housing owners and operators, and other owners, developers and operators of real estate in individual property transactions as well as large multi-state portfolio transactions. Her experience includes all types of real property including land, industrial, office, retail, multi-family, and seniors housing communities.

Handles Real Estate Acquisitions And Dispositions And Related Joint Ventures

Gail is skilled in all aspects of real estate acquisitions and dispositions, including negotiation and documentation of purchase and sale agreements, property management and development agreements, and other transactional closing documents, as well as detailed analysis of title and survey and other due diligence matters and oversight of the closing process. She also has experience with negotiation and documentation of joint venture transactions, master lease transactions and other ownership structures related to the acquisition, ownership, and development of real property investments.

Represents Seniors Housing Owners and Operators

Gail frequently represents clients in the seniors housing and long term care industries in various complex commercial real estate transactions, including acquisition, disposition, joint venture, master lease, management, development and financing transactions.  Her experience includes all asset types within seniors housing, including CCRC’s, independent living, assisted living, memory care and skilled nursing.

Counsels Investors In Commingled Funds

Gail has extensive experience counseling pension funds in domestic and international commingled funds investing in real estate assets, both at the time of subscription and during the term of the fund. She is well-versed in the issues of particular concern to pension funds, specifically those related to the representations, warranties, and disclosures typically required by fund documentation. 

Representative
Matters

Represented an institutional investor in the acquisition of a membership interest in a $30 million retail property in Southern California, together with the negotiation of related property management, development and leasing agreements and coordination of due diligence, including title, survey, development documents, existing financing, environmental, and land use matters.

Represented a public pension fund in the acquisition of a portfolio of industrial properties in California with a combined value of approximately $558 million.

Represented a seniors housing operator in the acquisition of $41 million four-property portfolio which included independent living, assisted living and skilled nursing facilities located in Iowa.

Represented an institutional investor in its $50 million investment and $25 million co-investment in a commingled fund investing in opportunistic real estate assets in Brazil.

Represented a public company in connection with a $385 million refinancing of a multi-family portfolio in California and Hawaii.

Represented a seniors housing operator in the negotiation of a master lease with a major REIT and the concurrent acquisition of a $41 million four-property portfolio which included independent living, assisted living and skilled nursing communities located in Iowa.

Represented a seniors housing operator in the negotiation of a master lease with a major REIT and the concurrent acquisition of an assisted living, memory care and skilled nursing community in Pennsylvania with a purchase price of $80.5 million.

Represented a seniors housing operator in the negotiation of a joint venture with a major REIT, the acquisition of three senior housing communities by the joint venture ($15.6 million independent living and assisted living community in Ohio, $31.5 million independent living and assisted living community in Colorado and $39.5 million independent living community in Texas) and the obtaining of a loan in connection with each acquisition ($10.5 million, $21.5 million and $20 million, respectively).

Represented a seniors housing operator in the negotiation of a master lease with a major REIT and the concurrent acquisition of a $41 million four-property portfolio which included independent living, assisted living and skilled nursing facilities located in Iowa.

Represented a seniors housing operator in the negotiation of a master lease with a major REIT and the concurrent acquisition of two assisted living and memory care facilities (one in Northern California, one in Southern California) with a combined purchase price of $47.0 million.

Represented a seniors housing operator in the negotiation of a master lease with a major REIT and the concurrent acquisition of two assisted living and memory care communities in Northern California with a combined purchase price of $80.5 million.

Represented a seniors housing operator in the negotiation of a joint venture and master lease with a major REIT, the concurrent acquisition of a $639.3 million fifteen property portfolio spanning eleven states, with the largest concentrations in New York, California and Michigan and the obtaining of financing with an aggregate principal amount of approximately $410 million.

Represented a seniors housing operator in the negotiation of a joint venture, into which the joint venture partner contributed an assisted living and memory care community in Northern California, as well as the assumption by the venture of a $21.8 million HUD loan secured by the property.

Represented a seniors housing operator in the negotiation of a joint venture with a major REIT, the contribution to the venture of a development property and the obtaining of construction financing secured by the property ($25 million senior loan and $15 million EB-5 loan). 

Publications &
Speaking Engagements

Publications

Get It In Writing: Paying Heed To The ABCs Of Subscription Documents, The Institutional Real Estate Letter – North America, October 2012

Bar and Court Admissions

  • State Bar of California

Education

  • J.D., University of California, Berkeley School of Law (Boalt Hall), 2009
  • M.S., University of Southern California, 2005
  • B.A. and B.S., University of Southern California, 2004