Michael J. Kiely is a partner in the Firm whose legal practice spans all areas of real estate, including finance, development and land use. He has extensive experience 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.
Michael’s practice includes a substantial public/private partnership, or P3, emphasis, including governmental facilities development projects, mixed-use and transit-oriented development projects, and public finance, such as infrastructure financing, New Markets Tax Credits, Low Income Housing Tax Credits, Renewable Energy Tax Credits, Historic Tax Credits, Section 108 loans, Community Development Block Grants, Mello Roos bond financing, and parking, lease and other types of revenue bonds. His practice also deals with prevailing wage issues arising in connection with such projects. Michael has earned a reputation for being 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.
Michael also has substantial experience in land use matters for major projects. Such work has involved complex vertical subdivisions, integrated developments, density shifting, mitigation sharing, settlement of CEQA litigation and development agreements.
- Least counsel for East West Bank in the sale of 555 Montgomery, San Francisco.
- Lead counsel for JMA Ventures as owner, operator and developer of Homewood Mountain Resort, including debt and equity financing, and land use entitlements in Placer County, California
- Lead counsel for Lowe Enterprises as developer of a $380-million transit oriented development in Culver City and Los Angeles, including acquisition from the City of Culver City, its successor agency and the Metropolitan Transportation Authority, land use and CEQA, and various agreements with Metropolitan Transportation Authority.
- Lead counsel for LaTerra Development in land acquisition and financing of the construction of the US$100 million The Line Project in Santa Ana, California, including equity and debt
- Lead counsel for Lowe Enterprises as master developer of 55-acre San Jose Civic Center including master development agreement negotiations, CEQA and land use matters.
- Lead counsel for Forest City as developer of $110-million Blossom Plaza transit oriented development in the Chinatown area of Los Angeles, including a disposition and development agreement for ground lease of City-owned land, two reciprocal easement agreements, Low Income Housing Tax Credit financing, a City HOME Loan, Prop 1C grants and HUD TOD funding; Project recognized as “Deal of the Year” by the Daily Journal (2014).
- Represented Primestor as developer in the acquisition of City condemnation parcels and $12-million infrastructure financing subsidies for development of a $100-million “big box” retail project in South Gate.
- Represented Lowe Enterprises as developer of City-owned $30-million senior facility and transit parking structure in Compton, funded by pre-2011 redevelopment tax allocation bond proceeds, including CEQA compliance, recognized as “Deal of the Year” by the Daily Journal (2011).
- Represented ICO Development as 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 The Walt Disney Company as 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/six-million-square-foot corporate campus project in Glendale.
- Represented Kearny Real Estate Company as developer in an owner participation agreement for a $39-million tax increment subsidy and a $12-million Mello Roos bond financing and related land use entitlement and DEQA matters, relating to the $250+ million Los Angeles Air Force Base Redevelopment Project in El Segundo and Hawthorne.
- Represented Trizechahn as developer in the acquisition, environmental review, entitlement, development, financing, construction and sale of the $650-million Hollywood & Highland project, a major transit-oriented retail/theater/hotel development in Hollywood, including $82-million parking revenue bands and $42-million certificates of participation.
- Represented Urban Partners as developer in the acquisition, entitlement, development, financing, construction and sale of Del Mar Station, a $175-million 350-unit transit-oriented, mixed-use development in Pasadena, including a commuter rail station and a build-to-suit transit parking facility.
- Represented Bond Companies as developer in the acquisition, entitlement, development, financing, construction, and sale of Sunset & Vine, a $100-million mixed-use residential/retail development in Hollywood, including $4.5-million tax increment financing.
Publications / Speaking Engagements
- “7 Important Steps To Take Before Selling Your Commercial Property,” Bisnow, July 18, 2017
- “Redevelopment: Rising From Ashes Or Final Death Rattle?” Law360 (Oct. 25, 2012)
- “Implications Of Calif.’s Cancellation Of RDAs” Law360 (Jan. 23, 2012)
- “Bonds Fail To Deliver Economic Punch” Daily Journal (April 15, 2010)
- “Should I Stay or Should I Go Now? Determining Whether to Modify Your Redevelopment Deal” Redevelopment Magazine (Sept. 2009)
- “Structuring Waterfall Provisions in LLC and Partnership Agreements,” Stafford Publications, Inc. Continuing Education Webinar, January 26, 2016; March 24, 2106; May 4, 2016; April 19, 2017, March 2018
- “Reps and Warranties in Commercial Real Estate Sales Contracts – Buyer and Seller Perspectives”, Strafford Publications, Inc. Continuing Education Webinar, March 8, 2018
- “Provisions in LLC and Partnership Agreements,” Strafford Publications, Inc. Continuing Education Webinar, June 6, 2017
- “Case Study: Azalea in South Gate,” Los Angeles Urban Land Institute StimULI Program, April 15, 2015
- “Where’s the (Public) Money? Securing Public Incentives and Project Gap Funding in a post RDA World,” Los Angeles County Bar Association, March 18, 2015
- “Cocktails with Your CEQA Lawyer” Updates on CEQA and the Post-Redevelopment World, San Diego, Calif. (Oct. 30, 2013)
- “Extra Innings in the Public/Private Game – It is Not Over” ICSC Southern California Idea Exchange, Long Beach (Jan. 23, 2013)
- “Keep Up With The Latest CEQA Developments” CEQA Breakfast Briefing, Los Angeles, (Sept. 27, 2012)
- Redevelopment: Past, Present, and . . . Future?” Los Angeles County Bar Association (March 9, 2012)
- “What Does The End of Redevelopment Mean For You?” Redevelopment Roundtable, Los Angeles (Jan. 12, 2012)
- “How to Navigate the Shark-Infested Waters of Redevelopment in California” Redevelopment Roundtable, Los Angeles (Sept. 7, 2011)
- Vice Chairman, Manhattan Beach Unified School District Proposition C and EE Citizens Bond Oversight Committee, Robinson School PTSA (2017-present)
- Member, Los Angeles Chamber of Commerce and United way of Greater Los Angeles – Home for Good Task Force, Production Housing Sub-Committee (2011-2013)
- Member, Board of Directors, Executive Committee (2001-2009) Genesis LA Economic Growth Corporation
- Urban Land Institute
- Los Angeles County Bar Association Real Estate and Land Use Sections
- International Council of Shopping Center