Gregory S. Bell, Fabian & Clendenin

Practice Summary

Greg has long been regarded as one of Utah’s premier real estate attorneys. He has represented national, regional and local lenders and borrowers in loan transactions involving several hundred million dollars, and buyers and sellers in real estate sales and acquisitions. He has negotiated and drafted dozens of commercial leases. Greg has extensive experience in land use law not only as an attorney but as a former developer, mayor, Chair of Envision Utah (a highly-acclaimed land use planning organization), and Utah State Senator having passed major legislation modernizing Utah’s land use law.

Greg’s unique background enables him to provide developers and lenders with “big picture” legal advice—from project conceptualization, entity formation, raising capital, land acquisition, entitlements, financing, to sales and leasing. He has also advised senior management and boards of directors of sizeable businesses in general legal matters, including supervising major litigation, and coordinating legal services for corporate, stockholder, employment, environmental and other issues. He joined Fabian in 2008 as a shareholder, bringing his impressive real estate and general counsel skills to our clientele.

Professional

• Admitted to Utah State Bar and U.S. District Court, District of Utah, 1975
• Chair, Real Estate Section, Utah State Bar, 1990 (circa)
• Real Estate Development, Bell Properties, LC and other companies, 1997 to 2008
• Shareholder, Director and Officer of Kirton & McConkie, one of Salt Lake City's largest law firms, 1984 to 1996
• Founder, Gregory S Bell & Associates, 1981-1984
• Vice President and General Counsel, United Savings Bank and Western Mortgage Loan Corporation, the largest mortgage banker in the Intermountain West, 1977 to 1981

Education

• Juris Doctorate, S. J. Quinney School of Law, University of Utah, 1975
• B. A., Weber State University, Major: Political Science; Minor: English, 1972

Publications & Presentations

• "Checklist for Reviewing or Drafting Commercial Leases," Utah Bar Journal, February 1992
• "Sales Tax and Land Use: Are Cities Being 'Driven to the Mall'?" Hinckley Journal of Politics 2007, Volume #8
• Lectured nationally on regional land use and transportation planning issues
• Frequent lecturer on land use policy
• Frequent lecturer to attorneys and other real estate professionals on real estate finance, development and commercial leasing

Community Service

• Senator, Utah State Senate, District 22 (Central and North Davis County), elected 2003, re-elected 2006 — Chair, Utah Senate Judiciary, Criminal Justice and Law Enforcement Committee; Chair, Senate Judicial Nominations Committee; Co-Chair, Higher Education Appropriations Subcommittee; Member, Senate Government Operations Committee; Former Co-Chair, Public Utilities and Energy Interim Committee; Member, Legislative Health Care Task Force; Member, Utah Judicial Conduct Commission; Member, Commission on Criminal and Juvenile Justice (Distinguished Service Award, 2007); Member, Hazardous Waste Task Force (2004); Member, Utah Sentencing Commission (2003 to 2006)
• Sponsored and passed significant reform bills of LUDMA (Land Use Development Management Act), which inter alia codified many judicial land use decisions, including vesting of entitlements for land owners and creation of a mandated appeals process to give certainty to land owners; brokered agreements between Realtors, developers and municipal officials
• Honored by Utah Highway Patrol, Utah Health Underwriters, Utah Victims" Council, and other groups as Outstanding Legislator
• Chair, Envision Utah, 2000-2002, highly-regarded and widely-emulated land use and transportation planning organization
• Member, Board of Directors, Coalition for Utah"s Future (Sponsor of Envision Utah), 2000-2006
• Received on behalf of Envision Utah, the American Planning Association's prestigious Daniel Burnham Award and the Urban League's Award of Excellence; spoke on behalf of Envision Utah at many regional and national conferences
• Recipient, Governor Leavitt's Citation for Outstanding Leadership of Envision Utah, 2002
• Mayor, Farmington City, 1994-2002
• Farmington City Council, 1990-1994; Farmington City Planning Commission, 1991
• Former member, Board of Directors, Wasatch Front Regional Council, the federally-mandated Metropolitan Planning Organization for Salt Lake, Davis, Morgan, Weber, and Tooele Counties
• Former Chair, Davis County Open Space Committee, which developed a comprehensive master plan for the Great Salt Lake shore lands adopted by Davis County and all cities along the Great Salt Lake in Davis County
• Former Member, Utah State Sentencing Commission
• Former President, Farmington Bay District, Boy Scouts of America

Representative Projects

• FINANCING—Led legal team representing insurance companies, savings banks, and REITS in financing regional malls, shopping centers, office buildings, apartment complexes, and other commercial real estate totaling several hundreds of millions of dollars. Drafted and negotiated loan commitments, loan documents, reviewed title and negotiation of lender’s title policy, reviewed and negotiated anchor and other national tenant leases.
  
  Led legal group which handled all lending, foreclosure, corporate, personnel, litigation, and regulatory matters for largest mortgage banking company in Intermountain West.
  
  
• ACQUISITIONS—Represented multi-billion dollar holding company in acquiring dozens of significant farm and ranch properties throughout the U.S.
  
  
• DEVELOPMENT—Represented wholesale grocer and its members/clients in the development of grocery-anchored shopping centers throughout Utah, Nevada, and Idaho.
  
  Represented developer for 70-acre shopping center in assembling, entitling and leasing, redevelopment financing, special improvement district financing, municipal development agreements and traditional loan financing.
  
  Represented developer in acquiring, annexing, zoning and otherwise entitling, financing for 65 acre high-quality residential subdivision.
  
  
• LITIGATION—Supervised and coordinated legal team in major litigation. Reported to and developed strategy with executive staff and board of directors of regional wholesale company (now $2.7B in revenues), regional bank, and other companies.
  
  Oversaw foreclosure of sizable commercial properties for lender, including representation through bankruptcy.