John H. Kuhl

Partner

Overview

A nationally recognized real estate lawyer, John represents institutional investors in connection with complex real estate transactions and investments. His experience spans all aspects of real estate acquisition, disposition, finance, development and operation. In addition to direct equity investments, he structures, negotiates and documents joint ventures, partnerships, limited liability companies, commingled funds (including international funds), and other co-investment vehicles involving multi-state and portfolio transactions.

Real Estate Investment Experience

John develops and implements workout, restructuring and recapitalization programs that address profit sharing, conflict of interest, and governance issues. These arrangements can involve many variables, including preferred equity, priming loans, profit reallocation, and additional capital infusions. John's clients rely on him to negotiate and draft workout and restructuring documentation with the goal of closing these transactions.

Institutional Clientele Representation

As a result of his deep roots in the real estate industry, John has become a valuable resource for his institutional investor clients. Having a great understanding of the relationships between those institutions and their fiduciary advisors, John structures, negotiates, and drafts separate account investment advisory and co-investment arrangements. His pension fund clients include many of the largest state sponsored retirement systems as well as many city and county retirement systems.

Representative
Matters

Represented an entity comprised of five public retirement systems providing equity in a joint venture the purpose of which is to repair and rehabilitate properties damaged or destroyed in the 2012 hurricane known as Superstorm Sandy, particularly in low, moderate, and middle income communities, including affordable and workforce housing and infrastructure repair and creation.

Advised a large public fund in the formation of three joint ventures and the concurrent acquisition of 71 industrial properties in 16 states valued at $800 million, including coordinating the assumption of existing debt, the release and reconveyance of other debt, environmental, title, survey, and contract review and coordination of local counsel in each of the 16 states where the property was located.

Represented an institutional investor in structuring, negotiating, and documenting a series of strategic joint venture relationships with an international real estate services company for the acquisition and development of residential, industrial and office properties in Latin America.

Represented a large public pension fund in the buyout of the development partner's interest in a series of related joint ventures that had acquired a combined portfolio of more than 90 industrial properties in the United States and Canada valued in excess of $900 million. Assets included land, completed projects and work in process and necessitated concurrent restructuring of lender relationships.

Represented an institutional investor in the acquisition of a joint venture interest in and recapitalization of a portfolio of existing and to-be-developed retail properties in traditionally under served communities throughout California. The properties were valued at approximately $260 million and a further $100 million was allocated for the acquisition and development of additional similarly situated properties.

Represented a large public pension fund in the restructuring and recapitalization through bankruptcy of a major multi-family residential development and service company. The investor client's interests included both an equity investment as well as a joint venture relationship with the company. The restructure included bringing in a new money investor, negotiating the bankruptcy plan of reorganization, and structuring additional capital commitments for operation of the company after emergence.

Represented an institutional investor in structuring, negotiating, and documenting a strategic joint venture with a Canadian real estate development company for the acquisition and development of properties in Canada. The structuring addressed several unique international tax and Canadian entity structure and governance issues.

Represented a large public pension fund in all aspects of the formation of a joint venture with a real estate operator that targets technologically advanced office properties. Assisted in the design and drafting of incentive compensation provisions intended to align the economic interests of the investor and fund sponsor.

Represented an institutional investor in all aspects of the formation of a "club" fund that includes a second institutional investor and a real estate operator. The purpose of venture is to make loans secured by real property in niche markets where capital is scarce. Provisions included complex governance and management provisions as well as deadlock resolution and exit strategies.

Represented a large public pension fund in all aspects of the structuring, negotiation and documentation of a strategic joint venture with a public REIT for the acquisition and redevelopment of neighborhood and community shopping centers. Assisted in the design and drafting of provisions to reconcile the differing income tax treatment and objectives of the members as well as right of first offer and buy/sell provisions.

Publications &
Speaking Engagements

Recent Publications

Awards &
Affiliations

Awards & Recognition

  • Best Lawyers, Real Estate Law, 2003-2018
  • Southern California Super Lawyers, 2004-2017

Professional Affiliations

  • Pension Real Estate Association
  • National Association of Public Pension Attorneys
  • Los Angeles County Economic Development Corporation
  • The Institutional Real Estate Letter, Contributing Editor
  • Los Angeles County Bar Association
  • American Bar Association

Spotlight

Twenty-Three Cox, Castle & Nicholson Attorneys Have Been Selected for the 2018 edition of The Best Lawyers in America®.

Cox, Castle & Nicholson is proud to announce that 23 of the firm’s lawyers have been selected for inclusion in the 2018... More»

Bar Admissions

  • State Bar of California

Education

  • J.D., University of California, Davis School of Law, 1974
  • B.S., University of California, Davis, 1971