Kenneth R. Whiting

Ken Whiting brings clients 40 years of experience representing owners and developers in the acquisition, development, financing, leasing, and sale of commercial and industrial properties; and both borrowers and lenders in secured lending transactions. Ken has significant experience in the real estate aspects of project finance, transactions involving railroad property, the leasing and subleasing of properties of all types, and the development and financing of sports and entertainment facilities.

Before joining Stoel Rives, Ken was an attorney and partner with several national and regional law firms. He also worked in-house as the principal real estate lawyer for Southern Pacific (now Union Pacific) Railroad and as real estate counsel to Kenetech Windpower, Inc. Ken maintains an active pro bono practice advising several Bay Area nonprofit corporations and their grantees on real estate and business matters.

Education

University of Chicago Law School, J.D., 1982

Stanford University, M.A., English, 1979; English Department Fellow

University of Washington, B.A., English, 1977, magna cum laude, with distinction

Admissions

California

Acquisitions and Dispositions
Counsel to:

• A private company in the sale of industrial properties in the Bay Area.
• A public company in the sale of industrial properties in the Central Valley.
• A private company in connection with the acquisition of a portfolio of triple-net industrial properties in Texas and Florida.
• A multifamily REIT in the sale of a portfolio of 22 apartment properties in Arizona, New Mexico, and Nevada.
• A major railroad in connection with the sale of 160 acres of raw land in Fremont, California.
• A public biotech company in the sale of three research facilities in San Diego.

Leasing
Counsel to:

• Public and private tech and biotech companies in the leasing and subleasing of R&D and manufacturing space in the Bay Area and throughout California.
• Public and private companies in the leasing and subleasing of office space throughout California.
• An international technology company in its U.S. and Canadian office, R&D, and retail leasing, together with all related construction matters.
• A private company in connection with the leasing of soccer training facilities throughout the U.S.
• A landlord nonprofit hospital chain in the ground lease of a medical office building in Glendale, California, together with all associated construction, finance, and office leasing matters.
• A nonprofit medical company in connection with build-to-suit leases for the medical facilities in Southern California.
• A French company in connection with the renegotiation of vineyard leases in Napa Valley.

Development
Counsel to:

• A Class 1 railroad in connection with the development and expansion of an intermodal facility in Lathrop, California, and the lease of a loading facility at the Port of Stockton.
• A venture capital fund in the development of an office building in Palo Alto, California.
• A California county in connection with ground lease transactions for the development and redevelopment of hotel, apartment, and golf course properties in the Los Angeles area.

Lending
Counsel to:

• One of the largest landowners in California in connection with loans secured by its shopping center, farming and oil and gas properties.
• A foreign bank in loans secured by property in Texas, Hawaii, and California.
• A retail REIT in connection with loans secured by shopping centers in California.
• The purchaser of a promissory note secured by a distressed construction project on Market Street in San Francisco.
• A New York investment bank in connection with loans secured by office buildings in California.
• A borrower sports and entertainment company in connection with the construction loans and secured financing of prominent sports and entertainment facilities in Southern California.

Provision of Real Estate Counsel

• Member of team that represented debt and equity investors in cogeneration and wind power facilities.
• Member of team that represented a Fortune 500 industrial company in the development of eight “peaker” power plants in California.
• Member of team that represented an international sports and entertainment company in the development and financing of prominent sports arenas and entertainment venues in Los Angeles and Carson, California,
• Member of team that represented a private landowner in the perfection of development rights for a landmark 80,000-acre ranch on the Central Coast of California.
• Member of team that represented a borrower U.S. manufacturing company in connection with a $4 billion loan secured by 50 industrial properties in 27 states.

Pipeline Related
Counsel to:

• • A major railroad in connection with the acquisition of easement rights for a major West Coast pipeline project.
  • A major railroad in the negotiation of system-wide agreements with public utilities for longitudinal pipeline easements on railroad property.
  • A major railroad in connection with the global settlement of litigation between the railroad and a major West Coast pipeline operator regarding the text of future easement agreements and future rents on all railroad rights-of-way.

• Phi Beta Kappa

Professional

• State Bar of California, Real Property Section, Member; Former Executive Committee Member; former Advisor
• SPIRE (Stanford Professionals in Real Estate), Member