Kyla O'Brien Baker
Partner
Kyla O'Brien Baker
407.244.5167
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 and managers 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, automobile and equipment dealerships, airports and raw land for commercial use. In addition, 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.
In connection with these transactions, Ms. Baker drafts and negotiates development and easement agreements, restrictive covenants, subordination, non-disturbance and attornment agreements (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.
Representative 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 landlord's counsel and 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 tenant's counsel for leasing of industrial and retail space for a national convenience store delivery business
- Served as tenant's counsel for leasing of office space
- Served as developer's counsel for the development of approximately 40 acres for commercial and retail use, including the formation of a commercial property owners association and related Declaration of Covenants, Conditions, Easements and Restrictions, as well as other associated restrictions and served as landlord’s counsel for leasing of such land and inline space for retail purposes
- Served as landlord’s counsel in the drafting and negotiation of in-line space leases to retail tenants for multiple shopping centers, retail centers and malls, during the general operation of such developments, as well as during receivership
- Served as purchaser's counsel in the acquisition of an ATM drive-thru out parcel 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 for new restaurant locations. Negotiated leases, 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 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 project subject to several layers of financing; analyzed title documents and surveys, as well as other due diligence materials
- 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
- Served as purchaser's counsel for several acquisitions of land for an industrial chemical distribution company
- Served as purchaser's real estate counsel for numerous acquisitions of land for agricultural equipment and automobile dealerships
- Served as real estate counsel during the acquisition and disposition of several equipment and automobile dealerships
- Served as purchaser's counsel for the acquisition of land for industrial use for a utility provider
- Served as real estate counsel for general operations for an international hotel operator
- Served as real estate counsel for an international communications and technology company and defense contractor
- Served as purchaser’s counsel for numerous acquisitions of commercial land for real estate investors
- Served as seller’s counsel for numerous dispositions of commercial land and office buildings
- Served as real estate counsel for New Markets Tax Credit (NMTC) transactions
Credentials
Education
- University of Florida Levin College of Law, 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; Membership Committee, 2021-Present; Membership Committee, Co-Chair, 2021-Present; Leadership Class of 2024
- 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
- The Best Lawyers in America, Orlando Real Estate Law Ones to Watch, 2021-2024
- Influencer in Retail Real Estate - Holland & Knight's Retail Development and Leasing Team, GlobeSt. Real Estate Forum, 2023
- Holland & Knight Rising Star, Class of 2023
- Holland & Knight Pro Bono All-Star, 2020
- Rising Star, Florida Super Lawyers magazine, 2020, 2023
- 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