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Michael McKinley is a project development and real estate lawyer with an emphasis on data centers. Michael has experience representing buyers and sellers in connection with the acquisition and development of data center facilities; as well as representing landlords and tenants in a variety of short and long term colocation leases and service level agreements. Michael has also helped numerous clients on data center divestitures including planning, and resulting sale/leaseback transactions.

Michael’s experience also includes negotiation of fiber agreements and wireless facility agreements; utility matters, power purchase agreements and interconnection agreements; state and local incentives, tax issues and legislative affairs; and renewable energy facility development.

Practices

Professional Affiliations

    • Urban Land Institute, 2009-2010
    • International Council of Shopping Centers, 2007-2013
    • KCMBA Real Estate Section, 2007-2013
    • Council of Development Finance Agencies, 2007-2008
    • Association of Corporate Counsel, Kansas City Chapter, 2004-2006, Board Member, 2005-2006
    • KCMBA Leadership Academy, 2004-2006
    • KCMBA Real Estate Section, 2007-2013
    • Council of Development Finance Agencies, 2007-2008
    • Association of Corporate Counsel, Kansas City Chapter, 2004-2006, Board Member, 2005-2006
    • KCMBA Leadership Academy, 2004-2006
    • Association of Corporate Counsel, Kansas City Chapter, 2004-2006, Board Member, 2005-2006
    • KCMBA Leadership Academy, 2004-2006
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Representative Experience

Data Centers and Telecommunications

  • Drafted legislation that enhances data center operations in Arizona and critical member of the effort to seek passage.
  • Developing legislation that enhances co-location data center operation in Texas and is leading the effort to seek passage.
  • Assisted data center operator with $75 million redevelopment of an urban building in the Midwest to be repurposed as a co-location data center.
  • Assisted data center operator in the Midwest with acquisition of a $13 million co-location data center.
  • Assisted approximately 10 data center owners and operators with certification of approximately 65 MW of space in Arizona to benefit from the new Arizona CDC program.
  • Assisted data center client to obtain tenant based certification under the new data center incentive program in Texas.
  • Assisted real estate client with negotiation of agreements associated with deployment of micro cell wireless technology on roof tops.
  • Assisted numerous real estate clients with negotiation of agreements associated with deployment of cell of cell towers on excess land.
  • McKinley has worked on numerous projects related to data center development. He has negotiated, drafted and reviewed commercial transactions, including: co-location agreements and data center lease agreements; service level agreements; purchases of hardware and software; acquisition agreements; non-disclosure and confidentiality agreements; consulting agreements; and sales tax and development incentives.
  • McKinley has worked on a number of projects related to telecommunications including: tower lease, macro cell antenna and small cell antenna installations, including the implementation of new antenna installations for a client with more than 3,000 buildings.

Solar Energy and Renewables

  • Assisted energy developer with project financing for biomass and organic fertilizer facility in the Midwest including assistance with tax credit financing utilizing the renewable energy investments tax credits (ITC’s).
  • Assisted energy developer with project finance structure and permitting strategy for redevelopment of 45 MW decommissioned coal fired power plant to use biomass solid fuel utilizing next generation coop structure and state based investment tax credits.
  • Assisted various solar energy clients with approximately 85 MW of solar facility projects.
  • McKinley’s involvement with these projects includes issues related to development and permitting, electrical power agreements (PPAs) and master lease agreements, interconnection agreements, net metering, renewable energy investment tax credits (ITC) and monetization, and renewable energy credits (REC) and monetization.

Commercial Development and Infrastructure Finance

  • Assisted developer with $115 million redevelopment of iconic office building in Kansas City including assistance with transactional documents (i.e. purchase and sale agreement and commercial leases) along with property tax abatement and historic rehabilitation tax credit financing.
  • Assisted various private development interests with dozens of other retail and commercial developments undertaken throughout the Midwest
  • Assisted numerous other clients in the areas of real estate development, including tax increment financing, tax abatement, special taxing districts, tax credits and other development incentives; conventional real estate purchases and sales, commercial leasing, easements, condemnation, planning and development, zoning, tax, commercial transaction, corporate governance and organizational bylaws.

Boardgame Manufacture and Development

  • Assisted major boardgame manufacturer terminate existing distribution agreement and negotiate agreement with new distribution partner.
  • Assisted large boardgame manufacturer with issues related to crowd source funding and Paypal related financing issues.
  • Assisted several small startup companies with corporate formation issues in order to run successful crowd source funding.
  • Michael has also worked on numerous projects related to board game and electronic game development, including manufacturing agreements; procurement agreements; trademark registrations; copyright licensing agreements; work for hire agreements; software development agreements; shipping, testing and logistics agreements; crowd source funding; and consumer safety compliance.