Stephan L. Cutler

Stephan L. Cutler’s vibrant real estate practice encompasses a full range of real estate activities, including acquisitions, dispositions, leasing, financing, development, construction and restructuring for a wide variety of clients, including REITs, private equity funds, retailers, medical, dental and other professional service providers, gaming companies, universities, and non-profit organizations.  Mr. Cutler is adept in a broad range of property types (e.g. retail, office, industrial, multi-family and mixed use) and ownership structures (e.g. fee simple, ground lease, air space, condominium planned community and cooperative).  Whether he is representing the purchaser of a shopping center, a private equity fund in a competitive bid to acquire a chain store company operating under bankruptcy court protection, the owner/landlord of one of the largest anthracite coal deposits in the U.S. or a real estate developer trying to restructure its affairs with its lenders and investors, Mr. Cutler's skill, resourcefulness and other considerable talents stand out.

Mr. Cutler's recent representative transactions include: 

• Representing a publicly traded REIT in the negotiation of retail leases to an assortment of national and regional chain store anchor tenants;
• Representing local retail developer in the negotiation of retail leases to an assortment of national chain store anchor tenants;
• Representing  various portfolio companies of private equity funds in connection with the negotiation of new leases, re-negotiation of existing leases and other real estate matters;
• Representing national art supply chain in connection with the execution of its U.S. growth strategy via the negotiation of various new retail leases and the acquisition of competitors;
• Representing single/multi-family residential developer in the restructuring of the debt and equity of the company and its subsidiaries and involving 4 different real estate projects in various stages of development;
• Representing national chain fitness company in the negotiation of various new fitness facility leases;
• Represented multifamily owner in the acquisition and financing of several apartment complexes containing an aggregate of 652 units for $68.8 Million;
• Represented multifamily owner in the $77.6 Million disposition of a newly constructed 260 unit apartment complex;
• Representing owner of a self-storage facility in the restructuring of the debt and equity of the company and the disposition of certain excess approved land;
• Represented developer/owner of a first class lifestyle shopping center in the negotiation of a deed-in-lieu of foreclosure agreement and various guarantor releases pertaining to a certain mortgage with an outstanding balance in excess of $85,000,000;
• Represented a department store chain in the simultaneous negotiation of two long-term leases of two separate 180,000 sf stores within two different first class regional enclosed mall shopping centers;
• Represented a department store chain in the negotiation of a long-term lease of a 265,000 square foot store within a first class regional enclosed mall shopping center;
• Represented landowner in the leasing of its land (+7,000 acres) to a mining operator for the purpose of surface mining anthracite coal, coal refuse and stone; and
• Experienced representing owners of multiple properties in the drafting and negotiation of unitary leases.

Publications and Presentations

• Workshop Leader, "Advanced REA Issues and Other Short Stores and Tall Tales," October 26, 2012, ICSC U.S. Law Conference (Orlando, Florida)
• Co-Author, "Real Estate Owners and Operators must Rev-Up to Comply with Pennsylvania's Diesel-Powered Motor Vehicle Idling Act", January 2009
• "Facility Owners, Operators Rev Up to Comply With Motor Vehicle Idling Act," The Legal Intelligencer, February 4, 2009
• Author, "Act 52 Amends the Pennsylvania Mechanics' Lien Law of 1963," September 2006