Attorneys

Carla M. Moynihan

Partner
Carla M. Moynihan
Partner

Carla M. Moynihan is a partner in Sherin and Lodgen’s Real Estate Department and Chair of the firm’s Women’s Initiative. Her practice focuses on the disposition, acquisition, leasing, development, and financing of commercial real estate for over 20 years. Carla represents institutions, developers, retailers, individual investors, hospitals, medical professionals, hotels, state agencies, municipalities, 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; building and ground/air rights leases for multi-family, hotel, retail, office or industrial landlords or tenants; architectural and construction contracts; and CMBS/CRE loan documents.

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, 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.

Carla 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.

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Representative Experience

  • Represented a real estate investment company in connection with the acquisition of 27-unit apartment building in Cambridge, Massachusetts
  • Represented a real estate investment company with the acquisition of a 300,000 square-foot mixed use site containing 25 different lots and over 30 tenants in Somerville, Massachusetts
  • Representation of hotel portfolio owner in the acquisition of the Mystic Hilton in Mystic, Connecticut including purchase agreement, due diligence, CT Property Transfer Act, liquor license procurement, franchise agreement, and construction contracts for PIP work
  • Handled all aspects of a $10,000,000 CMBS financing of a mall located in Florida with over 125 stores, on behalf of a publicly traded real estate retirement trust as a borrower
  • Represented Distinctive Hospitality Group in a $73 million CMBS re-financing of DHG’s three hotel portfolio located in Natick and Somerville, Massachusetts and a defeasance of an existing $44 million CMBS loan
  • Represented a southeastern Massachusetts hospital Group concerning the $25 million construction of its new stand-alone radiation oncology center building in Fairhaven, Massachusetts. 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
  • Represented a New York property owner of an office tower in the drafting and negotiation of construction contract for significant tenant fit-out
  • Represented the property owner in connection with the $34 million sale of retail and office buildings located in Boston, Massachusetts
  • Represented the national CMBS lender in connection with over $175 million refinancing of debt and collateral located throughout New England, the mid-west and California
  • 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
  • Representation of a private developer concerning the negotiation and closing of a long-term ground lease with the Massachusetts Port Authority
  • Reported the governmental authority in connection with drafting the Request for Proposals in connection with the long-term ground lease of eleven food and fuel service areas located in Massachusetts, assisted with selections/designation process, determined environmental compliance of fuel operations, and coordinated the turnover
  • 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
  • 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 for tenant improvements and new equipment
  • 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.
  • 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
  • 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
  • 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

Speaking Engagements And Publications

  • “Ground Leasing with Government Entities,” speaker, Boston Bar Association, June 16, 2018
  • “Mentor and Sponsorship: Creating Growth in Your Organization,” speaker, Women in Law & Leadership Conference, May 16, 2018
  • “Self-Advocacy & Career Development: Effective Networking and Bonding,” speaker, Women in Law & Leadership Conference, November 16, 2017
  • Legal Updates for Your Dental Practice,” Sherin and Lodgen Seminar, June 2016
  • “Implementing Form-Based Zoning in Your Municipality,” Municipal Lawyer, July/August 2006
  • “Nail Negotiations through Due Diligence,” Women’s Business, co-authored with Nancy Cremins, September 2005
  • “Reverse’ 1031 Exchange: A Problem Solver for Your Client,” vol.2, no. 3, Real Estate Bar Association Newsletter, 2005
  • “Commercial Real Estate Transactions: The New Economic Climate,” Rhode Island Bar Association Annual Meeting, June 2011
  • “The New Climate: Green Leasing and Green Measures in Design/Construction Contracts,” Robinson & Cole Webinar, The Times – They are a- Changin’: Selected Real Estate Topics Reflecting Current Economic and Green Climate Conditions, October 2010
  • “Educational Initiative on ‘Green’ Zoning Requirements,” speaker Massachusetts Institute of Technology, March 2009
  • “Form Based Code and Zoning,” speaker, Massachusetts Institute of Technology, March 2009
  • “Due Diligence in Real Estate Process,” speaker, Lorman Educational Services Teleconference, June and December 2008
  • “Public and Private Development on Public Land,” speaker, Massachusetts Continuing Legal Education, February 2008
  • “Due Diligence in Real Estate Process,” speaker, Lorman Educational Services Teleconference, June and December 2007
  • “Real Estate Development from Beginning to End in Massachusetts,” speaker, Lorman Educational Services Seminar, June 2007
  • “Real Estate Development from Beginning to End in Massachusetts,” speaker, Lorman Educational Services Seminar, 2006
  • “Title Insurance & Survey Issues,” speaker, Sterling Seminar on Real Estate Transactions, August 2006
  • “Streamlining the Permitting Process,” speaker, Lorman Seminar on Advanced Zoning and Land Use, August 2006
  • “Getting to Go Ahead,” speaker, Lorman Seminar on Advanced Zoning and Land Use, August 2006
  • “Boston: The Law, The Players, and The Process,” speaker, Lorman Seminar on Land Use Zoning and Development in Boston, July 2006
  • “Protectionist Regulations,” speaker, Lorman Seminar on Land Use Zoning and Development in Boston, July 2006
  • “40B Comprehensive Permits: Anti-Snob Zoning,” speaker, Lorman Seminar on Land Use Zoning Development in Boston, July 2006
  • “The Truth about Property Rights,” panel moderator, American Planning Association National Conference, 2006
  • “The First Steps to Understanding Cambridge Zoning: The Ordinance, Maps, Districts, Policies, and Organizational Structure,” speaker, Cambridge Chamber of Commerce, January 2006
  • “Processing Boston Zoning Applications: Who or What’s on First,” speaker, Lorman Seminar on Advanced Zoning and Land Use in Boston, December 2005
  • “Site Selection and Due Diligence,” speaker, Lorman Seminars on Real Estate Development in Massachusetts, 2005
  • “Comprehensive Regulatory Strategy: Expediting the Land Use Permitting Process,” speaker, Lorman Seminar on Advanced Zoning and Land Use in Massachusetts, August 2005
  • “Preparing Zoning Opinions,”speaker, Massachusetts Continuing Legal Education Paralegal Conference, 1999

 

Community Involvement

  • Boston University School of Law
    • Past President of Executive Committee
  • United Way
    • Real Estate and Building Industry Leadership Committee, Former Member
  • Massachusetts Appleseed Center for Law and Justice
    • Past President of Board of Advisors
  • Town of Belmont
    • Planning Board and Belmont Housing Trust (2007 – 2010)

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