Kyla O'Brien Baker

Associate
Kyla O'Brien Baker

Overview

Kyla O'Brien Baker is a real estate attorney based in Atlanta and Orlando who focuses her practice on leasing, acquisition, disposition, development and management of commercial real estate. Ms. Baker represents purchasers, sellers, landlords, tenants, developers, owners, managers, lenders and borrowers in a wide range of commercial real estate matters.

Ms. Baker negotiates purchase and sale transactions and leasing transactions involving shopping centers, outparcels, freestanding locations, inline space, office buildings, agricultural land, industrial and warehouse space, airports and raw land for commercial use. Her experience includes representation of national restaurant chains, a large retail pharmacy and an institutional lender during pursuit of new sites. She also helps negotiate real estate matters involving new markets tax transactions, including a lease for the development of a museum on a former brownfield.

In connection with these transactions, Ms. Baker drafts and negotiates development and easement agreements, restrictive covenants, SNDAs, purchase and sale agreements, leases, other lease documents and closing documents. Ms. Baker also negotiates with various governmental authorities and utility providers. She advises clients in resolving title, survey and due diligence matters, environmental issues and other site development issues.

In addition, Ms. Baker has experience representing national landlords and real estate management companies that own and manage shopping centers, retail centers, office buildings and malls. Her practice includes negotiating leases and other lease documents during general operation of such developments, as well as during receivership. Ms. Baker advises clients on existing title documents for general operational matters of such developments.

Ms. Baker also counsels commercial clients in conducting multistate due diligence reviews and lease abstracts in financing and acquisition transactions, as well as for general management purposes.

Experience

  • Reviewed the leases and prepared abstracts in the $78 million acquisition of an industrial office complex in Southern California; the 44.8-acre property contains 23 buildings with almost 50 tenants
  • Represented an international travel retailer in a comprehensive review of all leases, i.e. retail, warehouse and airport
  • Represented a museum in a lease negotiation against the City of Gainesville for development of former brownfield land leased from the City of Gainesville   
  • Served as purchaser's counsel in a triparty acquisition of vacant land; negotiated an agreement to assign and a restrictions, access, utilities and storm water easement and maintenance agreement, in addition to typical closing documents
  • Served as landlord's counsel for a ground lease of a 30-acre property involving higher education institutions
  • Served as landlord's counsel for leasing of industrial space in connection with development of Class I railroad connections
  • Served as tenant's counsel for leasing of agricultural land for one of the largest producers of sugar cane, citrus and other agricultural crops in the United States
  • Served as landlord's counsel for leasing and general management of office buildings

  • Served as purchaser's and tenant's counsel for an American retail and healthcare company in the acquisition, leasing and development of land with the intention of redeveloping it for a storefront; negotiated subordination, non-disturbance and attornment agreements, reciprocal easement agreements, declarations of restrictions, covenants and easements, development agreements and amendments to lease, easements and other lease documents; analyzed title documents and surveys, as well as other due diligence materials
  • Served as purchaser's and tenant's counsel in the acquisition, leasing and development of land being developed by a client for new bank branches; negotiated purchase agreements, subordination, non-disturbance and attornment agreements, reciprocal easement agreements, declarations of restrictions, covenants and easements, development agreements and amendments to lease, easements and other lease documents; addressed specific requirements in developing a bank branch for an affordable housing subject to several layers of financing; analyzed title documents and surveys, as well as other due diligence materials
  • Served as landlord's counsel in the drafting and negotiation of in-line leases to retail tenants for multiple shopping centers and malls
  • Served as purchaser's counsel in the acquisition of an ATM drive-thru outparcel that the client could develop for additional parking use
  • Served as purchaser's counsel in the acquisition of vacant land for the development of the property into a storefront in new planned unit developments; negotiated several development agreements and restrictive covenants
  • Served as tenant's counsel in the leasing of land being outfitted by a client for new restaurant locations. Negotiated, subordination, nondisturbance and attornment agreements; reciprocal easement agreements; declarations of restrictions, covenants and easements; development agreements; and amendments to lease, easements and other lease documents. Analyzed title documents and surveys, as well as other due diligence materials
  • Served as developer's counsel for development of approximately 40 acres for commercial and retail use, including formation of a commercial property owners association and related Declaration of Covenants, Conditions, Easements and Restrictions, as well as other associated restrictions

  • Served as purchaser's and borrower's real estate counsel in an asset purchase transaction of the world's largest producer of Vidalia onions, including acquisition of approximately 5,500 acres of agricultural land and related facilities for processing crops, labor housing and storage facilities

Credentials

Education
  • University of Florida, J.D., magna cum laude
  • University of Florida, B.S., Telecommunications, summa cum laude
Bar Admissions/Licenses
  • Florida
  • Georgia
Memberships
  • Commercial Real Estate Women (CREW), Outreach Committee, 2014-2015; Future Leaders Committee, 2017-2019
  • Orlando Day Nursery, Board of Directors, 2014-2019, Secretary, 2017-2019
  • Junior League of Greater Orlando, Mentoring Adolescent Girls to Inspire Change (MAGIC), 2017-2019; Community Action Team, 2015-2017
  • International Council of Shopping Centers
  • Legal Aid Society of the Orange County Bar Association, Guardian Ad Litem
  • Florida Law Review
Honors & Awards
  • Rising Star, Florida Super Lawyers magazine, 2020
  • Order of the Coif, University of Florida
  • Dean's List, University of Florida, Fall 2010-Spring 2013
  • University of Florida Book Awards, Legal Drafting, Secured Transactions, Corporations, Corporate Scandals, Income Tax, Estates and Trusts

Publications

Speaking Engagements

News