Michael J. Kirwin is a Partner in the Vero Beach office of Kirwin Norris, P.A., where he provides full-service representation to regional, national and international corporate clients in commercial and residential real estate, financing, sales, leasing and development matters. He also represents multinational corporate clients in transactions involving the purchase, sale, import and export of refined petroleum products. His clients include real estate developers, owners, financial institutions, commercial landlords and tenants, suppliers importers and resellers of refined petroleum products. Mike is an authorized agent of First American Title Insurance Company, which enables him to provide firm clients with comprehensive title insurance and professional settlement services, to facilitate real estate purchases/sales, construction loans, permanent financing, and equity transactions. He also has substantial experience representing developers in complex affordable housing, tax credit and bond financing, and market-rate transactions.
Representative Experience
FINANCING
Representation of borrowers and lenders in the entire range of debt and equity financing, including construction loans, term loans, secured and unsecured credit facilities, bridge financings, mezzanine loans, tax credit and bond financing, loan participations, sale/leaseback transactions and project finance.
Representative Transactions:
Represent borrower in $175,000,000 multi-tier, multi-bank construction loan and permanent financing transaction involving 40-story, 631,850 square foot Class-A office tower and mixed-use retail project in Miami, Florida.
Represent borrower in connection with $28,000,000 mortgage loan and equity transaction involving the development and construction of mixed-use commercial and multi-family apartment project.
Represent borrower in connection with $45,000,000 permanent mortgage loan transaction jointly secured by multi-family apartment project and commercial/timber properties.
Represent borrower in $32,000,000 multi-tier mortgage loan transaction involving institutional, Federal, State and County funding sources for the development and construction of multi-family apartment project.
Represent lender in $77,000,000 acquisition, development and construction loan transaction involving mixed-use retail and multi-family apartment project; serve as counsel to lead bank in participation of loan with participating banks.
Represent lender in $42,000,000 acquisition, development and construction loan transaction involving multi-family student housing apartment project; serve as counsel to lead bank in participation of loan with participating banks.
Represent lender in $36,000,000 acquisition, development and construction loan transaction involving garden-style apartment project; serve as counsel to lead bank in participation of loan with participating banks.
Represent lender in $17,000,000 acquisition, development and construction loan involving multi-family senior housing project in Volusia County, Florida; serve as counsel to lead bank in participation of loan with participating banks.
COMMERCIAL LEASING
Representation of landlords and tenants in structuring, drafting and negotiating all manner of commercial leases, subleases, and related documents, including retail and office leases, ground leases and build-to-suits, leases of industrial facilities, corporate headquarters, shopping centers, restaurants, and associated construction and related design and implementation documents.
Representative Transactions:
Leasing counsel to retailer of renewable energy solar systems. Responsible for the negotiation of commercial office and warehouse leases throughout the United States.
Leasing counsel to innovative, value-based national healthcare company. Responsible for the negotiation of commercial and retail leases throughout the state of Florida.
Leasing counsel to developer of 450,000 square foot mixed-use retail/commercial project. Notable tenants include: Old Navy; Books-A-Million; Whole Foods Market Group; Wells Fargo Bank; McCormick & Schmick’s Restaurant; and Recreational Equipment Incorporated (REI).
Leasing counsel to developer of 150,000 square foot mixed-use retail/commercial project. Notable tenants include: Office Max; Unique Dining (Arby’s); TGI Friday’s Inc.; and Amerada Hess Corporation (HESS Gas Stations).
Leasing counsel to developer of 150,000 square foot retail project. Notable tenants include: FedEx Kinko’s; Verizon Wireless.
Leasing counsel to developer and owner of 160,000 square foot office building. Notable tenants include: BB&T Insurance Services, Inc.; Mutual of Omaha Insurance Company; and Westcor Land Title Insurance Company.
Leasing counsel to developer and owner of 105,000 square foot mixed-use office and retail complex. Notable tenants include: Morgan Stanley Smith Barney; Bank of America; DePrince, Race & Zollo, Inc.; and AVA Winter Park.
Leasing counsel to developer and owner of 170,000 square foot shopping center project. Notable tenants include Publix Supermarkets, Inc.; Great Clips; AT&T Authorized Retailer.
ACQUISITIONS/DISPOSITIONS OF REAL PROPERTY
Representation of buyers and sellers in the purchase and sale of office buildings, shopping centers, multifamily residential apartment properties, industrial sites and other commercial and retail properties.
Representative Transactions:
Counsel to buyer and developer of multi-location site acquisitions of industrial and warehouse properties throughout the State of Florida. draft and negotiate purchase contracts, review due diligence inspections and reports, review title and survey, draft and negotiate equity agreements, construction contracts, entitlement documents, easements and title opinions for local jurisdictions and permitting agencies. issue title insurance policies.
Counsel to purchaser and developer of restaurant parcel in Viera, Florida. Responsible for due diligence, title and survey review, negotiation of purchase and sale agreement, construction loan financing documents, construction contract, franchise agreement, and issuance of associated title insurance policies.
Represent purchaser and developer of 12.7 acre industrial / warehouse parcel in Orlando, Florida. Responsible for due diligence, title and survey review, negotiation of loan documents, closing and issuance of associated title insurance policies.
Counsel to shipping company in multiple acquisitions and sales in connection with the development, construction and operation of interstate motor freight service centers and distribution facilities. Transactions include purchases of commercial tracts containing 41 acres, 27.88 acres, 16.59 acres, 36.5 acres, 28.8 acres, and 44.94 acres, and include all related due diligence, title and survey review, land use, and financing aspects of acquisitions.
Represent developer of retail shopping centers in acquisitions throughout State of Florida. Transactions include purchases of commercial tracts containing 68 acres, and 55 acres, and all related due diligence, title and survey review, land use, debt and equity financing documents, and negotiation of j.v. development agreements, easements, restrictions and covenants.
Represent various developers of multi-family affordable housing projects in acquisitions, including title and survey review, development and tax credit / bond financing.
Represent purchaser of 125,000 square foot multi-tenant office building. Perform all due diligence, title and survey review, lease abstracting, and negotiation of debt and equity financing documents.
Represent seller of 100,000 square foot commercial office project in sale/leaseback transaction. draft and negotiate purchase, sale and leaseback agreements, and issue title policies.
Represent seller of 400,000 square foot retail shopping center. draft and negotiate purchase and sale agreements, oversee due diligence and closing, issue associated title policies.
GOVERNMENTAL RELATIONS
Represent commercial property owners and developers in the drafting and negotiation with permitting agencies and municipalities of all manner of entitlement documents, development agreements, easements, title opinions and similar documents.
ENERGY SECTOR / REFINED PETROLEUM PRODUCTS
Represent importers, exporters, resellers and distributors in connection with international transactions involving the purchase and sale of refined petroleum products. Provide legal services to firm clients to ensure prompt payments / distribution of funds in compliance with applicable federal laws, IRS regulations, and international treaties.
Representative Transactions:
Serve as Vice President and General Counsel to startup company involved in the sale, distribution and importation of specialty petroleum products: illuminating paraffin (kerosene), Virgin transformer oil, Eco-friendly form release agents used in the Construction Industry, and Mineral Oils (Eco-Friendly and Petroleum-based); traditional refined fuels: Automotive diesel (ULSD 10 ppm / EN590, 50ppm), Marine diesel (LPFO D6), Aviation kerosene (Jet A-1), General aviation fuel (100 LL Avgas); and Diesel Additives.
Represent Energy Subsidiary of international importing/exporting company formed in 1892. Negotiate sales and purchase contracts in refined fuel transactions.
Honors & Accolades
- Orlando Magazine – Best Lawyers of 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020
