Michael K. Swearengen

Acquisition, development, financing, leasing and management agreements for parking facilities throughout the United States. Included assemblies of multiple properties to create sites for parking facilities and future development, acquisition of office buildings with structured parking and financing of a portfolio of parking facilities.

Represented a national investor in the acquisition and financing of two supermarket properties and leasing those properties back to the seller.

Sale-leaseback of a manufacturing facility and a separate office building (aggregating over 400,000 square feet) for over $20 Million (represented the seller/tenant).

Sale-leaseback of four manufacturing facilities in four states for over $48 Million (represented the seller/tenant).

Build-to-suit lease for the construction and leasing of a 79,000 square foot specialized manufacturing facility for a Fortune 500 subsidiary corporation  (represented the tenant).

Corporate headquarters office lease of over 33,000 square feet (represented the tenant).

Represented an international technology company in negotiating corporate headquarters office lease of 45,000 square feet and subsequent expansions to accommodate accelerated company growth (represented the tenant).

200,000 square foot build-to-suit expansion of existing warehouse (with food grade specifications), expanding to a total of 500,000 square feet for a food distributor (represented the tenant).

Represented a Fortune 500 NYSE company in a 52,000 square foot build-to-suit addition to an existing distribution facility, including acquisition of adjoining property to be improved by landlord and added to the leased facility for transportation and logistics (represented the tenant).

Lease for 125,000 square foot warehouse with specialized racking and sprinkler requirements for tire wholesaler/distributor (represented the tenant).

Sublease and Recognition Agreement for a 211,000 square foot warehouse facility (represented the subtenant).

Lease for 135,000 square foot warehouse with specialized racking and sprinkler requirements for tire wholesaler/distributor (represented the tenant).

Build-to-suit lease for the expansion of a manufacturing and warehouse facility on an absolute triple-net basis guaranteed by a Fortune 500 NYSE company (represented the landlord).

Build-to-suit lease for 145,000 square foot manufacturing plant for a private equity-owned aerospace company with a tenant capital contribution of $3.6 Million (represented the tenant).

Represented a lender in the forbearance and modification of two distressed bridge loans to two affiliated borrowers to provide additional predevelopment capital, cross-collateralize the two loans and provide additional security to the lender.

Represented the lender in negotiating a forbearance agreement with a borrower on a loan secured by a mortgage on a shopping center. The forbearance agreement addressed cash-flow issues due to tenant vacancies, deferred maintenance, delinquent real estate taxes and failure to fund the required escrows.

Represented borrowers and lenders in deed-in-lieu of foreclosure transactions involving shopping centers and office/warehouse properties.

Represented an investor/developer in purchasing a $14.4 Million loan in foreclosure secured by a mortgage on a 134,000 square foot office building and multi-story parking garage, and then acquiring the properties at the foreclosure sale.

Acquisition of 15-story apartment/mixed-use property by deed-in-lieu of foreclosure of a $32 Million mortgage (represented the lender).

Represented a developer in purchasing a $18.2 Million loan in foreclosure secured by a mortgage on a shopping center development in Florida that was under construction.  The transaction included dealing with the borrower’s mezzanine lender, development agreements with an anchor retailer developing its own pad within the shopping center, entitlement, concurrency and permit issues, and millions of dollars in mechanic’s liens.  Also represented the developer/purchaser in financing the purchase of the distressed loan.

Represented a NYSE company in the refinancing of revolving credit facilities for two casinos in Atlantic City, New Jersey for $65 Million and $20 Million, respectively (represented the borrowers).

Represent a nationwide private equity lender making bridge loans on development projects and distressed properties in major cities across the country with loans ranging from $12 Million to $36 Million.

Represented a national bank in a $8.4 Million subordinate construction loan to bridge federal and state historic tax credits. Project was a $42 Million conversion of an historic office building into 123 apartments and 40,000 square feet of retail and restaurant space, using multiple tranches of debt and equity.

Represented a national bank as co-lender on a $63.4 Million senior construction loan to finance construction of a 19 story 230 unit apartment tower atop an existing parking garage, with redevelopment of the garage and street-level retail space.

Represented a national bank as co-lender on a $73 Million senior construction loan to finance the construction of a 20 story 280 unit luxury apartment building with retail space and a parking garage. The transaction involved port authority bond financing and multiple tranches of subordinate debt.

Represented a national bank as co-lender on a $63 Million senior construction loan (documented as three separate loans) to finance the redevelopment of a 29 story office tower into a mixed use project that included a 156 key hotel, 104 unit class A apartment tower, retail space and parking garage. The transaction involved historic tax credits, port authority bond financing and multiple tranches of subordinate debt.

Development of 17.5 acres of vacant land into a mixed-use commercial subdivision including a hotel, automobile dealership and restaurant (represented the owner/developer).

Acquisition of over 300 acres of land and a related water and sewer utility company for residential development (represented the buyer/developer).

Acquisition of an historic warehouse building for conversion into an office building, together with the vertical subdivision of a parking garage and acquisition of a floor in the parking garage with underground access easements through adjoining properties (represented the buyer).

Development of an 80,000 square foot “flex building” complex, from negotiation of the joint venture limited liability company agreement and subdivision of the vacant land through the construction contract, declaration of covenants, restrictions and easements, construction financing, permanent financing, master lease and leasing to tenants (represented the owner/developer).

Represents a developer in the development and new construction of a 2.2 million square foot integrated mixed-use complex covering two city blocks, involving office, residential and retail uses and structured parking using subdivided air-rights parcels.

Represented a developer in a joint venture and acquisition of a 525 space multi-story parking structure with ground floor retail space for the development and construction of a 19 story 230 unit apartment tower above the existing parking structure, with an initial project value of over $22 Million. Joint venture included negotiation of a development agreement, construction management agreement and property management/leasing agreements.

Acquisition of 30,000 square foot building and 12.4 acres of land for redevelopment into corporate headquarters for a medical billing company.

Acquisition of an 80,000 square foot office building and parking garage constructed on a remediated brownfield site for over $18 Million (represented the buyer).

Supervised a team of attorneys in the programmatic disposition of “big box” retail properties throughout the United States for a NYSE REIT.

Acquisition and financing of a portfolio of 12 office/warehouse properties for over $18 Million by a group of entities acting as tenants-in-common in a like-kind exchange under Section 1031 of the Internal Revenue Code (represented the buyers/borrowers).

Represented a NYSE REIT in the acquisition of several class A apartment complexes with purchase prices in the range of $30 Million to $36 Million.

Represented a diverse group of sellers in the sale of a portfolio of 18 shopping centers located in five states for nearly $300 Million.

Represented a NYSE REIT in the sale of shopping centers throughout the United States with sale prices in the range of $15 Million to $60 Million.

Represented a NYSE REIT in the sale of a multi-state portfolio of 16 shopping centers for $400 Million.

Acquisition of an integrated mixed-use complex of a 57 story 1.3 million square foot trophy office building, 10 story historic office and bank building, 400-key Marriott hotel and 985 space subterranean parking garage for $267.5 Million (represented buyer).