Michael J. Kiely

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.  

Education

• J.D., University of California, Los Angeles, School of Law
• B.S., Georgetown University, with honors

Admissions

• California

 Representative Matters

• $114 million New Market Tax Credits financings for seven development projects in low-income areas of Los Angeles;
• $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;
• Acquisition, development, entitlement, construction and lease revenue bond financing of a $110 million Los Angeles County office building in South Los Angeles;
• 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;
• 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;
• 2 deeds in lieu of foreclosure for cross defaulted and cross collateralized loans to the developer of residential subdivisions in Miami and Miramar, Florida;
• $65 million tax increment, Mello Roos and Recovery Zone bond financing for Guasti Winery Project in Ontario;
• $39 million tax increment and $12 million Mello Roos bond financing for the Los Angeles Air Force Base Project in El Segundo and Hawthorne;
• $27 million Mello Roos bonds financing for a parking structure offsite infrastructure for the redevelopment of a regional mall in Huntington Beach;
• Acquisition, 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;
• Advice on a prevailing wage claim arising out of $72 million Mello Roos bonds for a $400 million residential subdivision development;
• $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;
• 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;
• $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;
• 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; and
• Advice on a prevailing wage claim arising out of a $125 million shopping center renovation. 

Memberships

• Urban Land Institute
• Los Angeles County Bar Association Real Estate and Land Use Sections
• International Council of Shopping Centers

Articles

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