Michael J. Kiely: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

Michael J. Kiely

Phone213.617.5587

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Real Estate, Land Use and Natural Resources
     
    University Georgetown University, B.S., with honors
     
    Law SchoolUniversity of California, Los Angeles, J.D.
     
    Admitted1989, California
     
    Biography

    Mr. Kiely is a partner in the Real Estate and Land Use and Natural Resources Practice Groups in the firm's Los Angeles office.

    Areas of Practice

    Mr. Kiely's legal practice has spanned all areas of real estate, including finance, development, and land use. He has extensive experience in representing developers, sellers and buyers, investors and promoters, lenders and real estate joint ventures, with a particular emphasis on projects involving the intersection of private real estate development and government.

    Mr. Kiely's lending practice has included the representation of dozens of borrowers in construction loans and permanent financing from private funds, pensions and governmental lenders. Many of these loans had to be integrated with loans and grants from governmental sources. His representation of lenders has included numerous construction loans and revolving credit lines for major banks, and more than 70 mezzanine loans for residential subdivision developments on behalf of a major pension advisor. Mr. Kiely has also guided lender clients through numerous workout, foreclosure and deed in lieu transactions.

    Mr. Kiely's practice includes a substantial public/private emphasis, including redevelopment, relocation, mixed-use and transit-oriented development projects, and public finance, including tax increment financing, Section 108 loans, Community Development Block Grants, Economic Development Initiative grants, Brownfield Economic Development Initiative grants, Mello Roos bond financing and parking, lease and other types of revenue bonds. Mr. Kiely has been able to pull together the multiple parties, competing government policies, conflicting sets of regulations and different risk profiles that are inherent in large, complex public/private development projects. Mr. Kiely has also represented Community Development Entities and developers on several New Market Tax Credits-financed projects. His practice also deals with prevailing wage issues arising in connection with such projects.

    Experience

    Representative Matters

    · Represented developer in disposition and development agreement for ground leases of City-owned transit oriented development parcels in Chinatown area of Los Angeles, reciprocal easement agreement, Low Income Housing Tax Credit financing, City HOME Loan, Prop 1C funds and HUD funds for development of apartments, affordable housing, retail and transit parking

    · Represented developer in acquisition of City condemnation parcels and $12 million infrastructure financing subsidies for development of a "big box" retail project in South Gate

    · Assisted with entitlement of historic Hollywood Capitol Records site for 1,100,000 square foot of mixed use development

    · Represented developer of City-owned senior facility and transit parking structure in Compton, funded by pre-2011 redevelopment tax allocation bond proceeds

    · Represented potential acquirer of Great America theme park in Santa Clara with City ground lease restructure and parking agreement with Stadium Construction Authority and San Francisco 49ers

    · Represented developer in the acquisition, development, environmental review, entitlement, construction and lease revenue bond financing of a $110 million Los Angeles County office building in South Los Angeles

    · Represented owner/developer in connection with an environmental impact report, statutory development agreement and owner participation agreement for $129 million "pay as you go" tax increment infrastructure financing program in connection with 125 acre/6 million square foot corporate campus project in Glendale

    · Represented developer with Power Purchase Agreement with San Diego Unified School District for solar facilities on 36 schools

    · Represented developer with Power Purchase Agreement with Contra Costa County for solar facilities on 14 county facilities

    · Represented developer in an owner participation agreement, statutory development agreement and reciprocal easement agreement for large scale retail project in Monterey Park

    · Represented developer in an owner participation agreement and reciprocal easement agreement for a multi-story "big box" retail project in Los Angeles

    · Represented developer in an owner participation agreement and entitlements for a "big box" retail project in Inglewood

    · Represented developer in $27 million Mello Roos bonds financing for a parking structure, offsite infrastructure for the redevelopment of a regional mall in Huntington Beach

    · Represented a "community development entity" in $114 million New Market Tax Credits financings for seven development projects in low-income areas of Los Angeles

    · Represented borrower's in a $15 million New Market Tax Credits financings for a development project in a low-income area of Los Angeles

    · Represented developer in $40 million financing of Autumn Terrace Affordable Housing Project in San Marcos, including $22 million Low-Income Housing Tax Credit syndication, $14 million construction loan and $4 million redevelopment agency loan

    · Represented developer in $65 million tax increment, Mello Roos and Recovery Zone bond financing for Guasti Winery Project in Ontario

    · Represented developer in an owner participation agreement for a $39 million tax increment subsidy and a $12 million Mello Roos bond financing relating to the Los Angeles Air Force Base Redevelopment Project in El Segundo and Hawthorne

    · Represented developer in the acquisition, environmental review, entitlement, development, financing, construction, and sale of Hollywood & Highland, a major transit-oriented retail/theater/ hotel development in Hollywood, including $82 million parking revenue bonds and $42 million certificates of participation;

    · Advised developer on a prevailing wage claim arising out of $72 million Mello Roos bonds for a $400 million residential subdivision development

    · Represented developer in a $39 million subsidy package from the City of Los Angeles, the LA Community Redevelopment Agency, Metropolitan Transportation Authority and Federal Department of Transportation for a mixed-use, transit-oriented development project in Chinatown

    · Represented developer in the acquisition, entitlement, development, financing, construction and sale of Del Mar Station, a 350-unit transit-oriented, mixed-use development in Pasadena, including a commuter rail station and a build-to-suit transit parking facility

    · Represented developer in a $40 million subsidy package from the City of Los Angeles and the LA Community Redevelopment Agency, including tax increment financing, CDBG grants and Section 108 loans for Marlton Square Project

    · Represented developer in the acquisition, entitlement, development, financing, construction, and sale of Sunset & Vine, a mixed-use residential/retail development in Hollywood, including $4.5 million tax increment financing

    · Advised developer on a prevailing wage claim arising out of a $125 million shopping center renovation

    · Represented client with respect to 5 deeds in lieu of foreclosure for a series of cross defaulted and cross collateralized loans to the land developer of the Double Diamond Ranch in Reno, Nevada

    · Represent client with respect to 2 deeds in lieu of foreclosure for cross defaulted and cross collateralized loans to the land developer of residential subvdivisions in Terry and Joliet, Illinois

    · Represented client with respect to 2 deeds in lieu of foreclosure for cross defaulted and cross collateralized loans to the developer of residential subdivisions in Miami and Miramar, Florida

    Honors

    · Legal 500, 2010

    · Top Real Estate Deals, Daily Journal, 2011

    · AV Rated, Martindale-Hubbell (highest rating an attorney can receive for legal quality and ethics)

    · Southern California Super Lawyer, Super Lawyers, 2012, 2013

    · Who's Who in Real Estate Law, Los Angeles Business Journal, 2013

    Memberships

    · Urban Land Institute

    · Los Angeles County Bar Association Real Estate and Land Use Sections

    · International Council of Shopping Centers

    Articles

    · "Redevelopment: Rising From Ashes Or Final Death Rattle?" Law360, October 25, 2012

    · "Implications Of Calif.'s Cancellation Of RDAs," Law360, January 23, 2012

    · Bonds Fail To Deliver Economic Punch, April 15, 2010

    · Sheppard Mullin Continues to Grow its Real Estate Practice, California Real Estate Journal, November 23, 2009

    · "Should I Stay or Should I Go Now? Determining Whether to Modify Your Redevelopment Deal," Redevelopment Magazine, September 2009

    Real Estate, Land Use and Environmental Law Blog Articles

    · "Redevelopment: Rising From The Ashes Or Final Death Rattle?" October 2, 2012

    · "State Cancellation of Redevelopment Agencies May Affect You!" January 5, 2012

    · "Update On Redevelopment Law: Litigation Proceeds - Uncertainty Continues," October 4, 2011

    · "Update On Redevelopment Law: Governor Signs Trailer Bills To End Redevelopment Agencies Unless They Make Payments - Uncertainty Continues," July 1, 2011

    · "Update On Redevelopment Law: Legislative Two Step To Cut Redevelopment Agency Funding Goes Down With Governor's Budget Veto," June 16, 2011

    · "Update on Redevelopment Law: No News Is...No News," April 26, 2011

    Speeches

    · "Extra Innings in the Public/Private Game - It is Not Over," ICSC Southern California Idea Exchange, January 23, 2013

    · "Keep Up With The Latest CEQA Developments," Sheppard Mullin CEQA Breakfast Briefing, September 27, 2012

    · "Redevelopment: Past, Present, and ... Future?" Los Angeles County Bar Association, March 9, 2012

    Events

    · 2012 CEQA Breakfast Briefing - Los Angeles, September 27, 2012

    · What Does The End of Redevelopment Mean For You?, January 12, 2012, Sheppard Mullin's Redevelopment Roundtable

    · LA Redevelopment Roundtable Series, September 7, 2011, How to Navigate the Shark-Infested Waters of Redevelopment in California

     
    ISLN905898733
     


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    Office Information

    Michael J. Kiely

    Forty-Third Floor, 333 South Hope Street
    Los AngelesCA 90071-1448




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