Carla M. Moynihan

Partner

  • Overview

    Biography

    Carla M. Moynihan has focused her practice on the disposition, acquisition, leasing, development, and financing of commercial real estate for over 15 years. Ms. Moynihan represents institutions, developers, retailers, individual investors, hospitals, medical professionals, hotels, public entities, and lenders in all aspects of commercial real estate transactions, including negotiating and drafting letters of intent; term sheets for financing; purchase and sale agreements; land disposition agreements; development agreements; leases for retail, office, medical office, or industrial landlords or tenants; and CMBS/CRE loan documents for lenders or borrowers.

    A significant amount of her practice is also devoted to representing clients throughout the permitting and public approval process at the federal, state, and local levels on land use and zoning issues under the Massachusetts Environmental Protection Act, the Massachusetts Wetlands Act, Chapter 91, the Massachusetts Historical Commission, and numerous local boards, including the City of Boston Board of Appeal, the Boston Redevelopment Authority, and various architectural/landmark commissions.

    Ms. Moynihan is a frequent author and lecturer on land use development and real estate transactional matters, an adjunct faculty member at the Boston University School of Law, and a former adjunct faculty member at the New England School of Law.

  • Experience
    • Experience

      Experience

        Acquisitions and Dispositions

      • Represented the property owner in connection with the sale of a $6 million industrial property located in Charlestown, Massachusetts, and a $1.7 million commercial property located in Springfield, Massachusetts.
      • Performed all real estate work in the $2.5 million sale of a multi-tenanted retail and office building in Massachusetts, including the establishment of a 1031 exchange.
      • Represented a governmental authority in the $151 million and $75 million land sales of approximately 48 acres and 150 acres respectively, encumbered by rail lines and highway infrastructure located in Massachusetts, to a major educational institution.
      • Handled all aspects of the acquisition and financing of a multi-tenanted office building in Massachusetts with a purchase price of approximately $2 million and an office building in New Hampshire with a purchase price of approximately $1.9 million.
      • Leasing

      • Drafted the Requests for Proposals in connection with the long-term ground lease/air rights lease and development of numerous excess properties located in the Greater Boston area, participated in developer selection process, and handled due diligence review.
      • Acquisitions and Dispositions

      • Represented a client in all aspects of the $6 million acquisition of an approximately 100,000-square-foot parcel containing industrial buildings with existing environmental contamination, to be redeveloped for residential use, located in Boston, Massachusetts.
      • Land Use and Zoning

      • Represented the owner of a 24-hour service station/retail operation located in Dorchester, Massachusetts in connection with building, health, and zoning code violations.
      • Leasing

      • Drafted the Request for Proposals in connection with the long-term ground lease of eleven food and fuel service areas located in Massachusetts, determined environmental compliance of fuel operations, and coordinated the turnover.
      • Acquisitions and Dispositions

      • Represented various venture capital clients in connection with potential environmental liabilities associated with corporate acquisitions and dispositions of companies with facilities located in Arizona, Arkansas, California, Connecticut, Florida, Massachusetts, New Jersey, New York, North Carolina, Oregon, Tennessee, Texas, Mexico, Portugal, and the United Kingdom.
      • Represented a property owner in the purchase and sale of residential properties located in Massachusetts, utilizing a reverse 1031 exchange mechanism.
      • Handled all aspects of the $5.15 million acquisition and construction for an approximately 200,000-square-foot industrial property in Randolph, Massachusetts, by Stacy’s Pita Chip Company (Stacy’s), a local food manufacturer, to be used for light manufacturing and distribution and as a warehouse. The acquisition included site selection, due diligence (title, environmental, structural, permitting, and tax incentives analysis), and state and local permitting (utilities, highway access, zoning, and building permits). Also obtained state and local approvals of an Economic Opportunity Area and special tax assessment concerning acquisition and improvements for expansion and to bring existing building up to current building code requirements.
      • Other Experiences

      • Represented the property owner, borrower and guarantors in connection with the refinancing of approximately $5 million in debt with Massachusetts bank. The representation included (i) drafting and negotiating the term sheet, commitment letter, and complete set of loan documents, (ii) handling numerous due diligence matters including title, survey, corporate and financial documentation, and (iii) modifying certain loan documents post-closing.
      • Acquisitions and Dispositions

      • Represented Stacy's Pita Chip Company (Stacy's) and its shareholders in connection with the sale to PepsiCo, Inc. of all of the stock of Stacy's and the real property of a related limited liability company. Handled all aspects of the sale relating to real property including (i) responding to due diligence requests; (ii) drafting and negotiating transactional documents; (iii) assigning land use/environmental permits; and (iv) closing the real estate portion of the deal.
      • Construction

      • Represented the owner/developer in connection with the two-phased redevelopment of a 10-story senior housing and services building and a 2-story, 58-bed health care facility in Bridgeport, Connecticut, which included drafting form contracts to be used in bid documents for direct service contracts, negotiating and drafting design contracts with two project architects (AIA B151), and negotiating and drafting construction management services contracts with two general contractors for preconstruction and construction phases (AIA A121CMc and A201 General Conditions).
      • Financing

      • Represented the lender in connection with the financing of a $16 million boathouse and field club facilities on Martha's Vineyard.
      • Acquisitions and Dispositions

      • Represented a developer in Connecticut in connection with a landlocked parcel to be developed with the use of a development agreement and easement from AMTRAK, and handled the draft and negotiation of such documentation.
      • Counseled the Town of Plainfield regarding the sale of municipal property to private developer and drafted the letter of intent and land disposition agreement on behalf of the Board of Selectmen.
      • Leasing

      • Drafted the development agreement on behalf of a governmental authority for the future ground and air rights lease of certain parcels located along the Boston Extension. Also, handled all due diligence, including review of title, environmental matters, construction budgets, and development pro formas.
      • Acquisitions and Dispositions

      • Drafted the Request for Proposals and Invitation for Bids on behalf of a governmental authority for the lease or sale of the South Bay Area Parcels along Kneeland Street in Boston, Massachusetts, and attended all planning meetings to draft and finalize design guidelines for the area.
      • Other Experiences

      • Represented Southcoast Hospital Group concerning the $25 million construction of its new stand-alone radiation oncology center building in Fairhaven, Massachusetts, known as the Southcoast Cancer Care Center at Fairhaven. Representation included drafting and negotiating the design contract by amendment and restatement of a master architectural services agreement utilizing AIA-B141, Parts 1 and 2; the construction contract based on the forms AIA-A131 CMc and AIA-A201, General Conditions; and the construction management agreement.
      • Construction

      • Represented a New York property owner of an office tower in the drafting and negotiation of construction contract for significant tenant fit-out.
      • Acquisitions and Dispositions

      • Represented the property owner in connection with the $34 million sale of retail and office buildings located in Boston, Massachusetts.
      • Financing

      • Represented the lender in connection with the $40 million refinancing of debt and collateral located throughout New England and other states along the eastern seaboard.
      • Acquisitions and Dispositions

      • Representing the developer of a motor sports park in Palmer, Massachusetts, in connection with transactional documents and various local/state permitting matters.
      • Leasing

      • Represented high-tech personnel evaluation software and service provider in relocation from South Shore to approximately 14,000 square feet of space in downtown Boston.
      • Represented major data support firm in negotiations to relocate from the financial district to approximately 42,000 square feet of space in the Back Bay.
      • Represented major Massachusetts-based pet food manufacturer in connection with the relocation of its approximately 22,400-square-foot office headquarters with test kitchen in Massachusetts. Handled all lease revision and negotiations through broker and landlord counsel.
      • Represented a national company in connection with the relocation of its Massachusetts new and used Volkswagen dealership and repair shop. Handled all aspects of revising and negotiating assignment of existing leaseholds as well as drafting new leases.
      • Other Experiences

      • Represent an academic institution in connection with its relocation to a new 350-student campus to be built in conjunction with a private multifamily, 120-unit condominium. Representation included drafting and negotiation of the purchase and sale agreement with the property owner and the joint venture agreement with the private real estate developer. Handling all due diligence, design, permitting, construction, and financing-related aspects of the project on the school's behalf.
      • Represented a hospital regarding its construction of a new oncology center in Fall River, Massachusetts, known as the Southcoast Center for Cancer Care at Charlton Memorial Hospital. The representation included drafting and negotiating a development/construction management agreement; the architectural design services contract; the construction contract based on the form AIA-A121 CMc and AIA-A201, General Conditions; and a demolition contract. The oncology center opened to the public in 2009.
      • Leasing

      • Representation of a private developer concerning the negotiation and closing of a long-term ground lease with the Massachusetts Port Authority for a 40-acre commercial/industrial park in South Boston and the securement of approximately $49 million in new financing, including two construction loans.
      • Acquisitions and Dispositions

      • Representation of the Distinctive Hospitality Group concerning the $35 million acquisition of a Massachusetts hotel portfolio owned and operated by Peabody Hotel Group. The acquired properties consist of the Crown Plaza in Natick, Massachusetts, the Hampton Inn in Natick and the Holiday Inn in Somerville, Massachusetts. The acquisition included (i) drafting and negotiating the asset purchase agreement and handling all aspects of due diligence, (ii) negotiating consent and assumption agreements with two outstanding mortgagors, the Massachusetts Mutual Life Insurance Company and Woodmen of the World Life Insurance Society, (iii) obtaining from existing franchisors (IHG and Hilton) terminations of the existing franchise agreements and replacement of same with new franchise agreements, product improvement plans, and guarantees, (iv) negotiating acceptable forms of comfort letters from franchisors to existing lenders, and (v) transferring all permits and licenses, including liquor licenses, through local and state boards and commissions.
      • Financing

      • Representation of Distinctive Hospitality Group to obtain $25.5 million in new financing from CIBC, Inc., an affiliate of CIBC World Markets Corp. The new loan facility will be secured by three hotels. In addition to handling due diligence for the loan underwriting and negotiation of all loan documentation, representation included obtaining acceptable forms of comfort letters from franchisors IHG and Hilton, creating corporate structure to address lender’s special purpose entity requirements, and securing pledges of liquor licenses from local and state licensing boards.
      • Leasing

      • Representation of a market and butcher shop in the opening of its fourth store in Portsmouth, New Hampshire. The store is 36,000 square feet in an approximately 150,000-square-foot shopping center. Representation involved lease negotiation, corporate formation of new entity, and construction financing through DanversBank and a Small Business Administration loan for tenant improvements and new equipment.
      • Acquisitions and Dispositions

      • Representation of property owner, which produces aggregate-based construction materials in the United States and the United Kingdom, in drafting and negotiating purchase and sale agreement and all other sale documentation for 74,000 square feet of property in Worcester, Massachusetts, to CSX Transportation, Inc. Concurrently with that negotiation, handled client's defense and all responses to eminent domain proceedings initiated by CSX through Department of Public Utilities to ensure that property acquisitions for new depot facility in Worcester would occur in a timely manner. Also represented property owner with drafting and negotiating purchase and sale agreement and all other sale documentation for 50,000 square feet of land in Saugus, Massachusetts, to Melrose Storage Facility. In addition, handled defense of zoning enforcement action for temporary storage uses during pendency of sale.
      • Represented the real estate developer in connection with the acquisition of 14-story office tower building in downtown Boston by assumption of mortgage.
      • Land Use and Zoning

      • Represented the real estate developer in connection with drafting zoning text and design guidelines for proposed 40R district in Hudson, Massachusetts.
      • Financing

      • Represented a prominent real estate developer in connection with the original $89 million in construction financing for 147 condominium units in South Boston, Massachusetts, and handled the $56 million refinancing of debt.
      • Acquisitions and Dispositions

      • Advised a New York real estate developer regarding the development of a former municipal building for residential purposes, including negotiating and drafting the letter of intent, the land development and disposition agreement, and the leaseback agreements with the Town of East Haven.
      • Land Use and Zoning

      • Represented a local real estate developer in the Article 80 permitting process, which included obtaining conditional use permits and variances from the Board of Appeal for a two-phase, residential project of over 250 units on two separate lots with 20 percent of off-site affordable housing located in South Boston, Massachusetts.
      • back to top
    • Professional Associations

      Professional Associations

      Women's Transportation Seminar

      Boston Bar Association
      Former Co-chair of the Real Estate Section

      Citizens' Housing and Planning Association

      International Council of Shopping Centers

      Massachusetts Interest on Lawyers Trust Accounts

      NAIOP – Commercial Real Estate Development Association, Massachusetts Chapter
    • Honors + Awards

      Honors + Awards

      Ranked in Chambers USA: America's Leading Lawyers for Business in the Commonwealth of Massachusetts in the area of Real Estate for 2012, 2013, and 2014

      AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the areas of Real Estate, Land Use, Environmental Law, Government, and Transportation (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)

      Boston University School of Law's Young Lawyer's Chair Award

      Listed in Massachusetts Super Lawyers® in the area of Real Estate Law since 2009 (Super Lawyers is a registered trademark of Key Professional Media, Inc.) 

      Listed in The Best Lawyers in America® in the area of Real Estate Law since 2013 (Copyright 2013 by Woodward/White, Inc., Aiken, SC)

    • Community Involvement

      Community Involvement

      Boston University School of Law
      Immediate Past President of Executive Committee

      United Way
      Real Estate and Building Industry Leadership Committee

      Massachusetts Appleseed Center for Law and Justice
      Past President of Board of Directors

      Town of Belmont
      Planning Board and Belmont Housing Trust (2007 - 2010)
  • NEWS + PRESS
    • Publications

      Publications

      "Implementing Form-Based Zoning in Your Municipality," published in Municipal Lawyer (July/August 2006)

      "Nail Negotiations through Due Diligence," published in Women's Business, co-authored with Nancy Cremins (9/2005)

      "'Reverse' 1031 Exchange: A Problem Solver for Your Client," published in Real Estate Bar Association Newsletter, vol. 2, no. 3 (Summer 2005)

    • Presentations

      Presentations

      "Commercial Real Estate Transactions: The New Economic Climate," at 2011 Rhode Island Bar Association Annual Meeting; Richard M. Fil moderated and also spoke in the panel discussion. (6/16/2011)

      "The New Climate: Green Leasing and Green Measures in Design/Construction Contracts," at Robinson & Cole webinar, The Times—They Are a-Changin': Selected Real Estate Topics Reflecting Current Economic and Green Climate Conditions, Providence, Rhode Island (10/26/2010)

      "Educational Initiative on 'Green' Zoning Requirements," at Massachusetts Institute of Technology (3/2009)

      "Form Based Code and Zoning," at Massachusetts Institute of Technology (3/2009)

      "Due Diligence in the Real Estate Process," Lorman Educational Services Teleconference (6/2008 and 12/2008)

      "Public and Private Development on Public Land," at Massachusetts Continuing Legal Education in Boston, Massachusetts (2/2008)

      "Due Diligence in the Real Estate Process," at Lorman Educational Services Teleconference (June and December 2007)

      "Real Estate Development from Beginning to End in Massachusetts," at Lorman Educational Services Seminar (6/2007)

      "Real Estate Development from Beginning to End in Massachusetts," at Lorman Educational Services Seminar (Fall 2006)

      "Title Insurance & Survey Issues," at Sterling Seminar on Real Estate Transactions in Connecticut (8/15/2006)

      "Streamlining the Permitting Process" and panel discussion on "Getting to Go Ahead," at Lorman Seminar on Advanced Zoning and Land Use in Worcester, Massachusetts (8/4/2006)

      "Boston: The Law, The Players, and The Process," "Protectionist Regulations," and "40B Comprehensive Permits: Anti-Snob Zoning," at Lorman Seminar on Land Use Zoning and Development in Boston, Massachusetts (7/12/2006)

      "The Truth about Property Rights," at American Planning Association's 2006 National Conference, San Antonio, Texas, Panel Moderator (Spring 2006)

      "The First Steps to Understanding Cambridge Zoning: The Ordinance, Maps, Districts, Policies, and Organizational Structure," at Cambridge Chamber of Commerce (1/11/2006)

      "Processing Boston Zoning Applications: Who or What's on First," at Lorman Seminar on Advanced Zoning and Land Use in Boston, Massachusetts (12/2/2005)

      "Site Selection and Due Diligence,," at two Lorman Seminars on Real Estate Developmnet in Massachusetts (Fall 2005)

      "Comprehensive Regulatory Strategy: Expediting the Land Use Permitting Process," at Lorman Seminar on Advanced Zoning and Land Use in Massachusetts (8/16/2005)

      "Preparing Zoning Opinions," at MCLE Paralegal Conference '99 (1999)

    • News

      R+C in the News

      • April 23, 2014

        Robinson+Cole Women Attend Summit at Bryant University

        • » more info
      • November 4, 2013

        Boston Lawyers Represent R&C at CHAPA's Annual Dinner

        • » more info
      • November 14, 2011

        Robinson & Cole Client Breaks Ground on New Medical Facility in Boston

        • » more info
      • October 5, 2010

        Attorneys Help Launch Boston Bar Association Real Estate Section Season

        • » more info
      • July 21, 2008

        Robinson & Cole Real Estate Partner Led Due Diligence Teleconference

        • » more info

      R+C News Releases

      • May 29, 2014

        Robinson+Cole Earns Rankings in Chambers USA 2014 in all Connecticut Practice Areas

        • » more info
        • View article
      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in National Peer Review Survey

        • » more info
        • View article
      • June 10, 2013

        Chambers USA Ranks Robinson & Cole in Five Practices, Names 17 Attorneys as Leading Lawyers

      • March 21, 2013

        Robinson & Cole Attorneys Selected for Top Women Attorneys in Massachusetts

        • » more info
        • View article
      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

        • » more info
        • View article
      • September 5, 2012

        Real Estate Attorneys Selected for Leadership Positions in the Real Property, Trust and Estate Law Section of the American Bar Association

      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in National Peer Review Survey

        • » more info
        • View article
      • June 7, 2012

        Chambers USA Ranks Robinson & Cole in Five Practices, Names 16 Attorneys as Leading Lawyers

        • » more info
        • View article
      • May 16, 2012

        Real Estate Partner Carla Moynihan Appointed to Massachusetts IOLTA Committee

        • » more info
        • View article
      • January 28, 2011

        Carla Moynihan Joins New England School of Law as Adjunct Professor

        • » more info
        • View article
      • August 24, 2010

        Community Dedication Honored and Summer Associates Return to School

        • » more info
        • View article