Kevin S. Kinigstein

Partner

Overview

Kevin has extensive experience structuring, negotiating and documenting complex real estate transactions for a wide variety of clients, including public pension funds, seniors housing operators, private investment funds, and other owners, operators, and developers of real estate. Kevin routinely works on transactions involving many types of real estate assets, including seniors housing communities, office buildings (including medical office buildings), retail, multi-family, industrial, and raw land.

Acquisitions And Dispositions

Kevin's clients rely on him to structure, document, negotiate, and close acquisitions and dispositions of their real estate assets. This representation includes all aspects of purchase and sale transactions, including assistance with the due diligence process, lease review and the negotiation of ancillary documents such as property management agreements, reciprocal easement agreements, broker agreements, construction agreements, and easements.

Joint Venture Transactions And Related Structures

Kevin regularly represents both operators and investors involved in complex joint venture transactions. Kevin's experience structuring and negotiating joint ventures extends to a wide variety of joint venture strategies, including one-time acquisitions of individual property or portfolios and long-term acquisition and development platforms. In addition to traditional joint venture structures, Kevin also negotiates alternative partnership structures, such as master lease relationships and convertible debt arrangements.

Real Estate Finance Transactions

Borrowers rely on Kevin to negotiate financing for their real estate assets. This includes traditional mortgage and construction loans, agency loans (including Fannie Mae and Freddie Mac loans), and syndicated loans. As with all aspects of Kevin’s practice, his experience representing borrowers extends to many types of real estate, including seniors housing facilities, office buildings (including medical office buildings), multi-family, hospitality, retail, and raw land. Additionally, Kevin advises clients regarding their rights under existing loans and assists clients with loan modifications, loan assumptions, and loan workouts.

Seniors Housing

Although Kevin represents a wide range of clients, he is particularly adept at representing owners and operators of seniors housing facilities. Given the breadth of Kevin’s seniors housing experience, his ability to counsel clients extends beyond the mere negotiation of transactions, but also to advising clients on the risks unique to the industry. Kevin works on all types of seniors housing transactions, including traditional acquisitions, loan-to-own note acquisitions, joint ventures, financings (including both balance sheet and agency debt), management agreements, and master lease transactions. He has experience working with all types of assets within the sector, including independent living, assisted living, memory care, and skilled nursing.

Representative
Matters

Acquisitions And Dispositions

Represented a public pension fund in the acquisition of a portfolio of industrial properties in California with a combined value of approximately $558 million.

Represented a REIT in acquisition of portfolio of sixteen medical office buildings in the Greenville, South Carolina area for a total purchase price of almost $163 million.

Represented a public pension fund in the sale of $24.6 million office building in Houston, Texas.

Represented a public pension fund in the acquisition of a $78 million retail center in Louisville, Kentucky, as well as the concurrent negotiation of a complex construction easement and escrow agreement for post-closing development by seller on property acquired by buyer.

Represented a public pension fund in the sale of $86.5 million retail center portfolio in the northeastern United States.

Represented a seniors housing operator in the acquisition of an assisted living facility in the Pacific Northwest for $39,450,000 and the borrowing of associated agency financing.

Joint Venture (And Concurrent Acquisition And Financing)

Represented a seniors housing operator in the negotiation of a joint venture with a private equity fund, the concurrent acquisition of two assisted living and memory care facilities (one in Northern California, one in Southern California) with a combined purchase price of almost $32 million and the obtaining of a $23 million loan secured by the facilities.

Represented a public pension fund in negotiation of two joint ventures with residential developers, each with an ongoing capital commitment in excess of $125 million.

Represented a seniors housing operator in the negotiation of a master lease platform with a major REIT which included the commitment of up to $150 million for future acquisitions. The transaction also included the concurrent closing of the initial acquisition under the platform (a four-property portfolio which included independent living, assisted living and skilled nursing located in Iowa) for a purchase price of almost $41 million. Additionally, represented the client in the concurrent negotiation of an option to purchase two additional properties for an additional $20.6 million as well as a related management agreement for the management of the two option properties.

Represented a public pension fund in the negotiation of a joint venture platform to acquire and develop medical office buildings and seniors housing facilities with a total commitment of in excess of $266 million.

Financing Transactions

Represented a seniors housing operator in the refinancing of a $37.5 million loan secured by assisted living facility in Pennsylvania.

Represented a private equity fund in obtaining simultaneous cross-collateralized loans for combined amount of approximately $47.5 million secured by multiple office buildings in Southern California.

Represented a public pension fund in obtaining $18,850,000 loan secured by high-rise residential building located in Texas.

Publications &
Speaking Engagements

Publications

Spotlight

Cox, Castle & Nicholson LLP Named 2018 National Tier 1 Law Firm of the Year for Land Use and Zoning Law in U.S. News & World Report 2018 “Best Law Firms” Rankings

Cox, Castle & Nicholson LLP, a preeminent full-service law firm specializing in real estate, today announced it was... More»

Bar Admissions

  • State Bar of California

Education

  • J.D., Loyola Law School, Los Angeles, 1999
  • B.S., University of California, San Diego, 1994