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Real Estate

Our Real Estate Department serves many facets of the real estate marketplace in the purchase, permitting, development, leasing and finance of commercial real estate.  Similarly, the Real Estate Department’s clients range broadly over the real estate industry and include developers and development companies (quite a number of which are family-owned real estate companies); property management companies; national, regional and community banks and trust companies; national, regional and local tenants; non-profit and educational institutions; and local towns and city governments.

Particular areas of focus include the following:

The negotiation of purchase and sale agreements for the acquisition (and disposition) of real estate.  Counsel and guidance for the client through the due diligence period and process in the review of all aspects of the property.

Analysis with clients for all land use issues, and then the preparation, application and negotiation of all permits necessary for the particular project.  Counsel to clients on the feasibility of certain permits.

Counsel and guidance to clients on all environmental aspects of a particular project, including environmental impact statements, federal and state environmental permits, and compliance with hazardous materials rules and regulations.  Advice and assistance to clients on Brownfield redevelopment projects.

Counsel and guidance to clients on conservation issues, including deed restrictions, easements and (through our Tax Department) taxation issues.

Negotiation of construction contracts for all facets of the construction phase.  Counsel and guidance to clients on environmental certifications (such as LEED) and the necessary requirements for such certifications.

The negotiation, documentation and closing on behalf of borrowers of all forms of financing, commencing with construction financing and its subsequent replacement with permanent financing.

Representation of banking and trust company clients in all forms of financing, including construction and permanent financing.  Representation of banking and trust company clients in participation loans.

Commercial leasing of all kinds, including all major “big box” and other national retail tenants, regional and local retailers and office and industrial tenants.  Representation of an active group of retail chain store and office tenants in their lease negotiations for new and existing locations.

Title review and the issuance of title insurance policy for clients.

Counsel and guidance of clients through the permitting, development and financing of residential housing development, including 40R tax credit incentivized and historic rehabilitation projects.

Advice, assistance, negotiation and representation to banking and other financial institution clients on issues involving work-outs, both in and outside the Bankruptcy Court.

Counsel, guidance and representation of municipalities in regard to many environmental and related permitting matters.

The Real Estate Department has many long-term clients that have been with the firm or that have been represented by the attorneys in the Department for many years.  Philosophically, the Department looks to form long-term relationships and to develop an understanding of the client and his/her particular intentions and approach to their real estate business.  We pride ourselves on such relationships, as well as our professional discretion and client confidentiality.

As governmental regulation of real estate has increased, the ability to comply with governmental regulations has become an essential to the development process.  In this regard, we have substantial experience in negotiating with federal, state and local public officials, agencies, boards and commissions and the ability, and importantly, the patience, to guide our clients through the necessary process.  A number of our attorneys serve on local boards and commissions and are extremely familiar with the regulatory system.

Our attorneys also serve on the boards or committees of many local real estate and related organizations, and over the years we have been regular contributors of articles and presenters at seminars on a variety of real estate topics.  As a consequence, our attorneys remain on the cutting edge of the issues and debates currently facing, or occurring in, the real estate industry.  The result is a comprehensive department that is experienced, practical, understanding and firmly focused on the appropriate outcome for our clients.

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Real Estate Group

John R. Blake, Jr., Member

Stephen Kutenplon, Member

Patrick K. Minnihan, Paralegal

Geoffrey E. Norman, Member

Greg D. Peterson, Member

Michael J. Radin, Member

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