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Kyle B. Hettinger

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Partner

Kyle Hettinger, a partner in the firm's Real Estate practice, has more than 25 years of experience in the areas of real estate, commercial lending and transaction and business counseling. Kyle represents clients with respect to development of master-planned communities; purchase and sale of retail, commercial, industrial, hotel, residential and multi-family property; commercial development; commercial leasing; CC&R’s; development agreements; easements and rights-of-way; title insurance; mechanics’ and materialmens’ liens; real estate foreclosure; and secured financing of real estate transactions, including acquisition, development, construction and project financing.

Kyle also represents clients with respect to general business counseling; mergers and acquisitions; formation of corporations, limited partnerships, limited liability companies and joint ventures; and negotiation and documentation of general business arrangements, including franchise, employment, independent contractor, equipment lease, equipment purchase, construction and architectural agreements.

Kyle's clients include homebuilders, master planned community developers, commercial landlords and tenants, commercial developers, lenders and borrowers and CMBS special servicers.

REPRESENTATIVE EXPERIENCE

  • Represented CMBS special servicers in numerous REO matters, including sales of shopping centers, retail centers, hotels, office complexes and multi-use projects, and the leasing of commercial, retail and industrial space.
  • Represented numerous banks, financial institutions and bank groups as well as numerous borrowers in a variety of multi-state financings, loans, workouts and repossessed real estate transactions, including loan documentation, disposition of assets, loan restructuring, judicial foreclosure, non-judicial foreclosure, deed in lieu transactions, lease transactions, zoning cases, CC&R matters and real estate and sales tax matters.
  • Represented utility companies in leveraged lease financing of a $939 million, 400‑megawatt coal-based generating facility in eastern Arizona.
  • Represented utility companies in various acquisition and dispositions of gas, water and sewer assets.
  • Represented utility company in various real estate financing transactions secured by its interest in the Palo Verde Nuclear Generating Facility.
  • Represented developers with respect to master-planned communities, development of commercial power centers, and acquisition and development of various commercial and retail properties.
  • Represented developers/homebuilders and related entities in all aspects of homebuilding and development activities.
  • Represented developer in acquisition and development of 750‑lot master-planned community and 18-hole championship golf course, including acquisition of related water parcels and development rights.
  • Represented privately held company in acquisition of industrial property in Scottsdale Airpark for construction of corporate headquarters and manufacturing facility.
  • Represented developers in acquisition and development of a number of industrial properties and office condominium projects.

Professional Recognition

  • Ranked by Chambers USA as "America's Leading Real Estate Lawyers," 2013 - present
  • Peer Review Rated AV in Martindale-Hubbell
    (AV®, BV® and CV® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)
  • Listed in The Best Lawyers in America 2008 - Present: Real Estate Law

Professional Leadership

  • American Bar Association
  • State Bar of Arizona
  • Maricopa County Bar Association

Education

  • Columbia University School of Law, J.D., 1986
    Editor, Columbia Law Review
  • Brigham Young University, B.A., magna cum laude, 1983

Bar Admissions

  • Arizona

Court Admissions

  • U.S. District Court for the District of Arizona

Highlights

Chambers Ranked