Doug Kerner represents financial institutions, developers and investors and in commercial real estate and lending transactions. He also represents public and private clients in land use and environmental matters. He is a partner in the firm’s Real Estate Practice Group.
Real Estate and Commercial Lending Transactions
Doug handles commercial real estate loans, including construction loans and term loans, in both single-bank and syndicated transactions. His experience includes structuring, negotiating and documenting a $167 million syndicated construction loan for a high-end retail, office and residential project, and a $32.5 million term loan to refinance multiple apartment projects located across several counties. Other deals he has handled include construction loans for retail malls, senior living/skilled nursing facilities, self-storage projects, hotels, luxury apartments and high-rise residential development. He has also handled term loan transactions involving active-adult communities, senior care facilities, office buildings, apartment and condominium projects, retail strip centers, and gas station/convenience store facilities.
In addition, Doug represents lenders in commercial debt financing transactions involving various types of credit facilities across a broad range of industries, including a $300 million credit facility for a national retail developer, a $30 million line of credit for a foreign renewable energy company, a $10 million line of credit for a furniture retailer, and a $6.7 million revolving line of credit for a local self-storage developer.
Land Use and Development
Doug also handles land use matters, representing developers in entitling residential, commercial and mixed-use projects throughout southern California. He helps clients navigate the increasingly complex local land use approval process and advocates for them at administrative hearings and appeals on development projects. Doug regularly interacts with engineers, planners, architects, agency staff and appointed and elected officials to successfully resolve numerous land use issues, including compliance with the California Environmental Quality Act, to ensure that projects stay on track, obtain timely approvals and avoid costly litigation. He has obtained approvals for general plan amendments, large specific plans, general plan amendments and zone changes, tentative tract maps, conditional use permits, variances, conservation easements and Williamson Act cancellations.
In addition to private developers, Doug has represented public agencies in land use and environmental matters. While serving as a deputy city attorney for the City of Indio, California, Doug sat on the dais with the Planning Commission at public hearings, and worked closely with the Planning Director and staff on a wide range of land use issues. Recently, he negotiated and drafted a complex development agreement involving the SANDAG mid-coast trolley project. This municipal experience gives Doug a valuable perspective in advising private clients seeking to resolve land use issues with public agencies.
Purchase and Sale/Leasing Transactions
Doug also represents clients in the purchase and sale of commercial real estate and commercial leasing transactions. Recently, he negotiated the purchase and sale of a restaurant on behalf of the buyer, and negotiated the lease for an existing medical building on behalf of the owner/lessor. He has also handled transactions involving ground leases, including drafting, reviewing and negotiating new ground leases, and financing loans secured by existing ground leases. He currently represents a national restaurant chain in documenting and negotiating its ground leases in California.
For several years, Doug has represented many of the wineries, both large and small, in the burgeoning Temecula Wine Country. He has advised them on general business and real estate matters, and he has assisted them in securing land use approvals and development permits for a variety of new and expanded facilities, including wineries, hotels, special event facilities, residential housing and related uses. Doug has helped wineries successfully negotiate reciprocal easement agreements, resolve agricultural issues under California’s Williamson Act, achieve compliance with zoning, permitting and environmental matters, and navigate public finance issues related to major infrastructure improvements. He was deeply involved in the adoption and implementation of the Temecula Wine Country Community Plan, a project encompassing nearly 18,000 acres in the County of Riverside.
Doug has been in private practice in San Diego for more than 25 years. Prior to joining Higgs, Doug practiced in the San Diego office of Buchanan Ingersoll & Rooney LLP, a 500-lawyer national law firm, where he was a member of the firm’s Financial Institutions, Bankruptcy and Real Estate Section.
Doug is a second-generation native San Diegan. He lives in Chula Vista with his wife Gail, and their two sons Will and Drew. He is a passionate Padres and Aztecs fan, loves listening to music and attending concerts, and can occasionally be found on a golf course.