Real Estate

Our nuanced understanding of the issues impacting the real estate community enables us to chart the best course of action for our clients and turn challenges into new opportunities.

Overview

We combine our decades of experience with our professional and community relationships to serve domestic and international real estate owners, developers and investors. Our attorneys are well-versed in areas that impact our real estate clients, such as tax, construction, environmental, joint ventures, and securities enabling them to look through a broader lens and provide a holistic approach to solving our client’s issues.

We pride ourselves on the breadth and richness of our real estate expertise, which allows us to handle many unique matters that require specialized knowledge and having strong relationships with the right people. Our clients trust us with bet-the-company matters involving project financing, litigation, federal and state environmental regulations, and foreclosures. They regularly rely on us for all aspects of commercial leasing – be it of retail, industrial, or office space – and for help with construction lending, acquisition and disposition of real estate, and economic development projects.

We’re also known for our work with real estate private equity funds, in which we help clients with structuring, formation, operation and liquidation of such funds. We also routinely handle all aspects of financing projects subsidized with federal and state tax credits, frequently recommending and structuring unique combinations of subsidized debt.

Because of the results we consistently achieve for our clients, we’ve become the go-to firm for the real estate industry and we’re consistently recognized as leaders in this field by such prestigious organizations as Chambers USA and Best Lawyers in America.

Experience

  • Represented an agent bank in connection with $150 million syndicated credit facility to an NFL franchise.

  • Successfully conducted week long jury trial, defended client against claims approaching $800,000, and recovered judgment for clients’ attorneys’ fees in lawsuit brought against client by former tenant and purchaser of building occupied by former tenant.

  • Represented Atlanta-based Lane Company and the Pollack Shores Real Estate Group in the acquisition, development, and financing of multi-family projects, including the structuring, drafting and negotiation of joint ventures with equity sources, including Lubert-Adler, Goldman-Sachs, and Morgan Stanley.

  • Represented Carter’s on their distribution facility lease of 1,000,000 square feet.

  • Represented major bank in vigorously contested lawsuit against developers based upon loan documents and obtained summary judgment for an amount in excess of $20 million.

  • Represented a regional bank as lead agent in $100 million syndicated loan to a medical device manufacturing and distribution company.

  • Represents Atlanta Property Group, LLC in the formation of a real estate fund to acquire office buildings in Metropolitan Atlanta and in the acquisition and financing of office buildings for the fund

  • Represented secured creditor in connection with the bankruptcy case of a hotel owner and operator. Successfully negotiated adequate protection payments for the lender, negotiated a settlement of the Debtor’s claim objection against the lender under very favorable terms, and negotiated an agreement that provided the lender with relief from the automatic stay.

  • Represented client in the land acquisition and development of numerous mixed-use projects, with residential and retail components, including a joint venture with equity fund investors.

  • Represented two family trusts in the contribution of land for a major Interstate highway interchange and in the development and disposition of multiple tracts of adjacent land.

  • Representing a Fortune 100 national food distribution company as outside North American real estate counsel with regard to all acquisitions, developments, leases and dispositions of real estate in the United States and Canada.

  • Representation of light industrial developer and manufacturer in the acquisition of 23-acre site, including 400,000 square foot building, for its U.S. headquarters and manufacturing facility.

  • National representation of developers, owners and lenders (conventional and mezzanine) in connection with the structuring, acquisition, development, financing and disposition of multi-family projects consisting of over 80,000 units in the aggregate.

  • Represented a bank in connection with warehouse loan facility to a specialty finance company for use to make SBA 504(b) loans for securitization in new federal capital markets program.

  • Advised a client in the restructuring the debt of more than $150 million on three hotels and worked with the family to bring in appropriate hotel operators for each property.  After refinancing and stabilizing their operations (including negotiating new management contracts) he negotiated the sale of the hotels, including one to a Japanese Investment Company.

  • Representation of national developer in development of 700,000 square foot power center, including negotiation of reciprocal easement agreement and various big box anchor leases.

  • Represented regional and national retailers on their retail leases including Carter’s, NxStage, National Vision, Teavana, Buckle, Salsarita’s, DownEast, The Athlete’s Foot, Great American Cookie and others.

  • Represented real estate developer in the sale of a large outlet mall parcel to an outlet mall developer. This was a part of a much larger assemblage and there were numerous considerations for the remaining property as to easements to be reserved, use restrictions, and other planning issues. This transaction also followed a lengthy period of negotiations with the existing lender. Lastly, there was a joint venture restructuring in connection with the admission of a new investor.

  • Represented sophisticated mixed use projects such as One Daytona (Daytona Beach, FL), LakePoint (GA), Atlantic Station (GA), Dallas Galleria and Georgia Avenue (GA).

  • Represented investor in acquisition and development of major resort facility in north Georgia, including golf courses and two hotels

  • Successfully defended Shane’s Rib Shack against a franchisee who sued for wrongful termination of the franchise agreement.

  • Represent a Dallas-based private equity firm in connection with its joint venture investment with various regional and national developers and co-investors for the development, acquisition and financing of healthcare real estate assets, including medical office buildings, LTACHs and senior housing properties.

  • Represented Branch Banking and Trust Company in commercial foreclosures throughout Georgia, including foreclosure of retail centers, office buildings, residential subdivisions and raw land, and in successful judicial confirmations of foreclosure sales.

  • In specific performance action, enforced contract for client’s purchase of condominium at price in excess of $2 million based solely upon seller’s expression of terms of sale written on napkin during meeting at restaurant.

  • Representation of developer in acquisition of multiple building industrial park and subsequent leasing activity in the Southeast.

  • Represented Chapter 7 Trustee before the Georgia Supreme Court and 11th Circuit Court of Appeals in lien-avoidance cases resulting in seminal decisions that provide trustees with avenue to avoid an improperly attested security deed even though the deed appears of record. U.S. Bank v. Gordon, 289 Ga. 12 (Ga. 2011); Wells Fargo Bank, N.A. v. Gordon, 292 Ga. 474 (Ga. 2013); National City Mortgage v. Gordon (In re Bennett), 520 Fed. Appx. 828 (11th Cir. 2013)

  • Representation of various clients in complex, high-end, restaurant negotiations, including such notable restaurants as: The Farm House (Nashville), Empire State South (Atlanta), West Egg Café (Atlanta), Abattoir (Atlanta), Ormsby’s (Atlanta), The Optimist (Atlanta), Etch (Nashville), Garrido’s (Austin), MF Sushi (Atlanta), Bartaco (Atlanta), Cooks & Soldiers (Atlanta), Negril Village (Atlanta), Smokebelly (Atlanta), Sweet Auburn BBQ (Atlanta), The Southern Gentleman (Atlanta), Gypsy Kitchen (Atlanta), Bakersfield (Nashville), Two Ten Jack (Chattanooga), Tupelo Honey Café (Chattanooga), Ichiban (Atlanta), Beetlecat (Inman Park), World of Beer (Atlanta), Newk’s Express Café (Atlanta), Sweet Hut Bakery (Atlanta), Momma Goldberg’s Deli (Atlanta), The Big Ketch (Atlanta), Fado Irish Pub (Atlanta), Bread & Butterfly (Atlanta), Amer (Atlanta), Barcelona VinoTeca (Atlanta), Brash Coffee (Chattanooga), Corner Bakery Café (Atlanta), Perrine’s Wine Shop (Atlanta), Zoe’s Kitchen (Atlanta), Marcel (Atlanta), Hampton & Hudson (Atlanta), Revelator Coffee (Atlanta), Brash Coffee (Atlanta), Carolyn’s Gourmet Kitchen (Atlanta), Dtox Organic Juice and Junk (Atlanta), Stout Brothers (Atlanta), Cacao (Atlanta), Provenance (Raleigh), Sweet Auburn Seafood (Atlanta), Marco’s Pizza (Boca Raton), Freshii (Boca Raton), Herban Fix (Atlanta), Steadfast Coffee & Cocktails (Nashville), 42 & Lawrence (Raleigh), The Painted Duck (Atlanta), Rreal Tacos (Atlanta), Double Zero Napoletana (Atlanta), Skyline Park (Atlanta), Nine Mile Station (Atlanta), Tiff’s Treats (Atlanta), Bolay (West Palm Beach), Vitality Bowls (Atlanta), Fox Bros. BBQ (Atlanta), Wildleaf (Atlanta), Little Star Provisions (Atlanta), The Bold Monk (Atlanta), The Brass Tap (Ft. Lauderdale), Poke Perfect (Atlanta), Burgerim (Hallandale, FL), Dr. Limon (Hallandale, FL), Sr. Ceviche (Hallandale, FL), Doggi’s Arepa Bar (Hallandale, FL), Salata (Atlanta), Bar Mercado (Atlanta), Recess (Atlanta), The Deep End (Atlanta), Bar Americano (Atlanta), Donetto (Atlanta), Aziza (Atlanta), The Roebuck Room (Atlanta), JCT Kitchen and Bar (Atlanta), Taqueria Del Sol (Atlanta), Green Pheasant (Nashville), The Hampton Social (Nashville), Liberty Common (Nashville), Gezzo’s West Coast Burritos (Atlanta), Vin 25 (Atlanta), Big B’s Fish Joint (Atlanta) Lazy Betty (Atlanta), Aix (Atlanta), Tin Tin Wine Bar (Atlanta), Spice Market (Hallandale, FL), California BBQ (Miami, FL), Cold Beer (Atlanta), Shake Shack (Atlanta), Lyla Lila (Atlanta), McCray’s Tavern (Atlanta), The Iberian Pig (Atlanta), The Painted Pin (Atlanta), Aziza (Atlanta), Redbird (Atlanta), Monday Night Brewing (Birmingham), Bearded Iris Brewing (Nashville), and Storico Forza (Atlanta).

  • Successfully registered a national chain of franchised restaurants in all required franchise registration and exemption states.

  • Represents Griffin-American Healthcare REIT in connection with its acquisition of regulated healthcare facilities, including portfolios of assisted living facilities, skilled nursing facilities, memory care facilities, long term acute care hospitals and surgical centers. Each transaction utilized a complex structure involving a master lease, multiple subleases, guaranties, letters of credit and inter-creditor agreements. Certain transactions utilized a RIDEA structure. Also counsel the REIT on distressed senior housing portfolio tenants, including lease terminations, pre-bankruptcy strategy, and the replacement of defaulted licensed facility operators.

  • Represented general partners in connection with the formation of multifamily, commercial office, preferred equity, and residential real estate funds.

  • Representation of housing authority and affiliated entities in RAD conversion to Section 8 subsidy as well as low-income housing tax credit and tax-exempt bond financing for scattered sites.

  • Representation of Costco Wholesale Corporation in the acquisition, development or expansion of over a dozen store sites in Georgia, Florida, North Carolina, South Carolina, and Virginia including drafting and negotiating complex reciprocal easement agreements and site development agreements.

  • Representation of owner/developer in the acquisition and financing for the construction of a 78-unit mixed-income rental housing facility, which included a combination of financing sources.

  • Representation of owner/developer in transaction involving a combination of tax-exempt bond, DCA HOME Loan and conventional debt financing for the acquisition and rehabilitation of a low-income multifamily housing property.

    • Represented Israeli real estate investors in obtaining $35MM line of credit from a national bank to fund the acquisition of a multi-state portfolio of industrial properties, including subsequent additions of after-acquired properties to the collateral base and increases to the revolving commitment.
  • Represented client in the renovation of a shopping center.

  • Represented the owner of a regional mall in connection with a potential sale of an anchor parcel subject to a long-term lease, so as to monetize that lease.

  • Represented client in recapitalization of office project.

  • Assisted Sterling Restaurants, LLC, in closing two large acquisitions, an equity capital raise and a senior debt refinancing. As a result of the transactions, Sterling Restaurants is one of the largest franchisees of Moe’s Southwest Grill. Mr. Schear led the real estate efforts on the transaction, including the negotiation of multiple lease consents.

  • Representation of Jamestown Properties in retail and office leasing of complex mixed-use developments located throughout the Southeastern United States.

  • Represented four affiliated entities, in their jointly administered Chapter 11 bankruptcy proceedings in the Middle District of Georgia Bankruptcy Court. The companies each owned retail shopping centers with a collective value of approximately $30 million.  The debtors’ cash collateral motion was successfully prosecuted, and successfully defeated a motion to dismiss and multiple stay relief motions filed by the debtors’ secured creditor. After extensive briefing, the bankruptcy court conducted an exhaustive three-day evidentiary hearing on the various motions before the court. The bankruptcy court held another hearing on the multiple motions before the court, and pursuant to Rule 7052 of the Bankruptcy Rules, made detailed findings of facts and conclusions of law that resulted in the bankruptcy court granting the debtors’ cash collateral motion and denying all of the secured creditor’s motions. The result of this hearing was a huge win for the clients as the denial of the cash collateral motion or the approval of any of the secured creditor’s motions would have eliminated any prospect of reorganization of the debtors’ income generating properties. The debtors subsequently filed a Chapter 11 plan of reorganization, which provided for for the modification of the secured creditor’s loan and the substantive consolidation of the debtor’s assets and liabilities. The debtors subsequently entered into a global settlement agreement with their secured creditor, which lead to a court approved structured dismissal of the debtors’ bankruptcy cases in May 2013. As a result of their successful bankruptcy cases the debtors were able to refinance their properties on extremely favorable terms.

  • Represented Holder Construction in a 56,000+ RSF office lease completed July, 2015, for premises in the new, to-be-built Riverwood 200 office building in the NW/Vinings submarket.

  • Represented Bennett Thrasher in a 62,500+ RSF office lease completed July, 2015, for premises in the new, to-be-built Riverwood 200 office building in the NW/Vinings submarket.

  • Represented Six Continents Hotels, Inc., an affiliate of International Hotels Group, on a 488,000+ RSF U.S. headquarters office lease transaction completed in June 2015.

  • Obtained summary judgment for landlord client that was affirmed on appeal to enforce radius restriction in lease, recover additional rent, and client’s attorneys’ fees.

  • Represented a foreign investor in structuring first of five proposed joint ventures for the investment in to-be-developed multi-family apartment projects in the southeastern U.S., completed in April 2015.

  • Successfully defended landlord against claims for millions of dollars related to roof leak and recovered $350,000 for client on counterclaim for damages and fees.

  • Represented national personal injury law firms in connection with their office leasing needs, including renewal and expansion of its 51,000 Atlanta office lease.

  • Representation of developer in connection with construction financing, low-income housing tax credit and HOME financing for apartment communities located in Anderson, South Carolina, Moncks Corner, South Carolina and Summerville, South Carolina.

  • Represented largest MBE in the Hartsfield-Jackson Atlanta International Airport with various concessionaire disputes.

  • Serve as outside leasing counsel for large acclaimed retail redevelopment projects in the Buckhead community of Atlanta, Georgia and the River Oaks community in Houston, Texas, and for numerous regional and national landlords, including Westfield, Gregory Greenfield and Associates, Trademark and others.

  • Serve as outside general real estate counsel for multiple restaurants and franchised concepts, including a nationally franchised fast-casual restaurant concept recently recognized by Forbes Magazine as the number one private company to watch in America.

  • From 2008 to present represented Crocker Partners and its affiliates on office leases in the following buildings in metropolitan Atlanta: Ashford Perimeter in the Central Perimeter submarket; Cumberland Center II in the NW/Vinings submarket; Deerfield Pointe I and II and 5900 Windward Parkway in Alpharetta submarket; Prominence in the Buckhead submarket; and Regions Plaza in the Midtown submarket.

  • Representation of institutional opportunistic real estate investment company in its acquisition, leasing, redevelopment and assemblage of multiple warehouse buildings into dynamic urban office district.

  • Representation of Landlord in the leasing of approximately 40,000 square feet of high-end, urban-infill retail space located in the Inman Park neighborhood of Atlanta, Georgia. Successful lease-up led to 2015 sale of the property for $72.5 Million, making the multi-family and retail project one of the most successful of its kind in Atlanta.

  • Represent Walt Disney Parks & Resorts U.S., Inc. in the redevelopment of Disney Springs (f/k/a Downtown Disney) in Orlando, Florida.

  • Represent the real estate divisions of several of the ten largest private equity companies in the United States in ongoing shopping mall acquisitions, redevelopment, leasing and property management matters.

  • Represent large mixed use projects such as One Daytona (Daytona Beach, FL), LakePoint (GA), White Provisions (GA), Atlantic Station (GA) and Warehouse Row (TN).

  • Represented a publicly traded REIT in a $4 billion sale of a portfolio of senior housing facilities.

  • Representation of institutional opportunistic real estate investment company in its acquisition, leasing, redevelopment and assemblage of multiple warehouse buildings into dynamic urban office district.

  • Represented apparel retailer Carter’s, Inc. in the negotiation of construction-related contracts for the lease of its 224,000 first-generation Atlanta national headquarters space.

  • Representation of the National Center for Civil and Human Rights (NCCHR) and an affiliated-entity in obtaining loans subsidized by New Markets Tax Credits (NMTCs) totaling $24 million to finance construction of an approximately 42,000 square foot museum and event space in Atlanta, Georgia that will include a gallery for the Morehouse College Martin Luther King Jr. Collection and civil rights and human rights exhibitions.

  • Represented The William Carter Company (Carters/Oshkosh) on a 288,000+ RSF U.S. headquarters office lease transaction completed in December 2012.

  • Assisting with regulatory filings for national provider of provider of short-term post-acute, rehabilitation, skilled nursing and long-term care services.

  • Served as special sellers counsel in a $60 million divestiture of a portfolio of skilled nursing and assisted living facilities to a REIT.

  • Represented national restaurant group in negotiation and drafting of leases for multiple new locations.

  • Represented a foreign investor in structuring a joint venture for the $45 million acquisition of limited liability company interests pertaining to a commercial condominium in New York City.

  • Represented bank in connection with working capital facility to order fulfillment services company.

  • Represented finance company in connection with loan to ATM machine manufacturing company.

  • Representing PawnMart Inc., a Georgia-based chain of pawn shops with more than 30 locations, providing multiple services (real estate, corporate, litigation, zoning, intellectual property) with such representation including the leasing of retail stores and multiple asset purchase acquisitions of competing stores.  Representation led to successful sale of PawnMart, Inc., to national competitor Cash America in 2013.

  • Representing local, regional, and national banks in construction loans for multi-family, condominium, retail, office/warehouse, and office projects.

  • Representing large South Carolina and Florida-based apartment management company in connection with management and receivership following Fannie Mae foreclosures. This included various work related to 12 or more properties in Georgia, Florida, North Carolina and Alabama in areas such as dealing with the former owners in connection with the misappropriation of rents, security deposits, laundry income and other revenue, negotiating with local governments over water and other unpaid utility charges, and general property management activities.

  • Representing of local, regional, and national banks in corporate, commercial, and asset-based loans.

  • Represented finance company in connection with structuring a $40 million litigation pre-settlement and medical receivable origination warehouse facility.

  • Represented bank with respect to loan to corrugated metal cooling parts company.

  • Represented bank in structuring multi-national loan to tool manufacturing company.

  • Representing an institutional owner in the acquisition and disposition of “power center” retail developments, multi-family projects, office/warehouse projects and office developments.

  • Represented bank in connection with loan to point of sale supply manufacturing company.

  • Representing Noodles & Company, a leading fast casual restaurant chain, currently operating more than 300 company-owned locations, in their continuing national expansion.

  • Represented Massachusetts-based Berkshire Bank in foreclosure of office condominiums, amendment of declaration of covenants and sale of foreclosed property.

  • Representing a Savannah, Georgia-based private college in connection with $130 million senior-secured credit facility secured by, among other collateral, 50 or more separate parcels of real estate.

  • Represented bank in connection with loan to utility services company.

  • Represented bank in connection with loan to electrical parts distribution company.

  • Represented finance company in connection with loan to a regional wool and textile manufacturer.

  • Representation of national food distribution company in various office and warehouse leases, including 550,000 square foot warehouse lease in Southeast and whole floor office lease in New York City.

  • Represented finance company in connection with loan to software manufacturer.

  • Represented regional resort operator in connection with working capital financing credit facility.

  • Represented finance company in connection with loan to building fabrication company.

  • Represented finance company in connection with loan to ethanol and petroleum distributor.

  • Represented international owner of enclosed regional shopping malls in the portfolio wide rollout of a major European fashion anchor tenant.

  • Represented regional owner of 2.5 million square foot portfolio of flex and mid-rise office properties, including acquisition, sale, leasing, finance and recapitalization transactions.

  • Represented mezzanine lender in connection with mezzanine loans in conjunction with leveraged acquisition of fire protection company.

  • Represented Branch Banking and Trust Company and its affiliates in the sales of foreclosed properties, including hotels, retail centers, residential subdivisions, office buildings, multifamily residential properties and raw land.

  • Served as litigation counsel to Georgia-based pawn company in variety of litigation matters.

  • Represented financial services company in connection with Section 144(A) private placement of fixed rate asset backed notes with respect to structured settlement receivables totaling more than $69 million.

  • Represented financial services company in connection with structuring the origination and sale of life settlements totaling up to $1 billion.

  • Represented national bank in connection with a $107 million line of credit secured by industrial warehouse facilities in Texas, California and Arizona.

  • Representing owners and investors in connection with the syndication, financing, acquisition, leasing and disposition of neighborhood shopping centers and mixed-used developments.

  • Represented agent bank in connection with structuring $39 million syndicated multi-facility loan to recycling company.

  • Represented national bank in connection with $19 million leveraged buy-out merger financing to treated lumber company.

  • Representation of national developer with property management issues relating to regional mall ownership.

  • Represented bank in connection with loan to national pediatric healthcare services provider.

  • Represented regional telephone company with respect to term and revolving credit facilities in syndicated credit facility.

  • Represented regional bank in connection with $50 million merger financing for national hotel chains.

  • Represented joint venture in connection with its purchase of a 476,000 square foot office building and all subsequent leasing, recapitalization and financing transactions.

  • Analyzed portfolio of multiple refrigerated warehouses with legacy environmental issues, negotiated with underwriters regarding remediation requirements and reserves, and entered selected properties in various state voluntary cleanup programs.

  • Represented finance company in connection with loan to national insurance brokerage company.

  • Represented finance company with respect to $50 million attorney cost finance origination warehouse facility.

  • Represented finance company in connection with loan to frozen foods company.

  • Represented public company in connection with structuring $175 million syndicated credit facility.

  • Represented finance company in connection with loan to security monitoring company.

  • Representing a large Atlanta-based skilled cared nursing home owner and operator in connection with $40 million senior secured credit facility, $40 million senior real estate secured credit facility, and Department of Housing and Urban Development (HUD)-sponsored credit facilities.

  • Represented bank in connection with loan to frozen fish distributor.

  • Represented national bank in connection with $25 million credit facility, the proceeds of which were used to acquire and take private a Canadian metals company by a U.S. company.

  • Represented finance company in connection with warehouse loan to credit card factoring company.

  • Represented private equity firm in connection with mezzanine loan to hospital equipment distributor.

  • Represented finance company with respect to loan to national envelope manufacturing company.

  • Represented Stafford Properties in connection with the leasing of 80,000 square feet of rooftop space on a Publix-anchored shopping center in Gainesville, Fl., for the installation of nearly 1,500 solar panels. The 350 kw system is the fourth (4th) largest rooftop solar facility in the State of Florida and provides electricity to Gainesville Regional Utilities, which buys the power under its feed-in-tariff program.

  • Represented bank in connection with loan to regional tire retail company.

  • Represented finance company in connection with loan to national wine distributor.

  • Represented financial services company in connection with structuring $500 million origination, verification and purchase program for United States Tobacco Transition Payment Program receivables.

  • Represented global logistics company in connection with negotiating and structuring a multi-national, multi-facility syndicated credit arrangement.

  • Represented national bank in connection with $20 million leveraged acquisition financing to regional printing company.

  • Represented an institutional landlord, AIG Global Real Estate, in the leasing and property management of the Southeast’s largest mixed-used development comprising more than 500,000 square feet of retail space and multiple Class “A” office buildings.

  • Represented finance company in connection with loan to national art supply company.

  • Represented five foreign investors in structuring joint venture with U.S. company for acquisition of multifamily apartments and closed on their first acquisition for $45 million apartment project in San Antonio, Texas.

  • Represented bank in connection with loan to national academic book distributor.

  • Represented bank with respect to working capital facility to computer component leasing company.

  • Represented bank with respect to loan to bus leasing company.

  • Represented finance company in connection with loan to international sausage manufacturing company.

  • Representing two rapidly expanding “fast-casual” restaurant concepts, each with more than 150 locations.

  • Represented bank in connection with loan to national manufacturer of HVAC components.

  • Represented financial services company in connection with structuring warehouse loan facility utilizing titling trust in the amount of $100 million for origination and sale of life settlement receivables.

  • Represented Stafford Development, a national shopping center developer related to operational rights, as adjoining property owners involving a large big box user and local auto dealer for South Carolina property. Stafford could not move forward with certain tenant improvements needed to make the center again viable. Additional complexity was introduced when the auto dealer convinced the local governmental authorities to “pull” the building permits thus stopping improvement work at the center. Arnall Golden Gregory assisted in negotiating a settlement among all three parties that not only resulted in construction again commencing but affording the big box user certain restrictions on use by the auto dealer in exchange for enhanced access rights to such dealer.

  • Representation of regional retailer in connection with its expansion of operations across the Southeast.

  • Represented finance company with respect to loan to indoor water park operator.

  • Represented agent bank in connection with $85 million syndicated senior secured loan to extended stay hotel company secured by portfolio of 24 hotels.

  • Represented finance company in connection with warehouse loan to golf course finance company.

  • Representing real estate developers in the purchase and sale of various retail shopping centers, outparcels and office buildings.

  • Represented Jacoby Development in connection with the development of Aerotropolis, a mixed use project located on the 120-acre site of the former Ford Motors Assembly Plant adjacent to Hartsfield-Jackson International Airport. Phases included the sale of property acres to Porsche for the development of its North American headquarters, the sale of property to the City of Atlanta and the proposed construction of a parking facility covered by solar panels.

  • Represented bank in connection with $25 million loan to medical device manufacturing company secured by patent licenses.

  • Represented public company in connection with structuring $1 million syndicated multi-currency credit facility.

  • Represented finance company in connection with loan to steel manufacturing company.

  • Representing a California-based healthcare real estate investment trust (REIT) in connection with $45 million senior secured real estate facility for financing of medical office buildings throughout the United States.

  • Represented finance company in connection with loan to title pawn company.

  • Represented financial services company in connection with structuring over $250 million in warehouse loan securitizations of structured settlement receivables.

  • Represented regional bank in connection with $30 million credit facility secured by 44 retail furniture stores across multi-state region.

  • Representation of two national labor and employment law firms in negotiation of office leases, lease amendments and related documents, including SNDA agreements, construction agreements and letters of credit.

  • Representing seller of 12-property Atlanta multifamily portfolio containing 1,100 plus apartment units to Yakima, Washington-based multifamily company, including coordination of equity investment in purchaser by seller and mezzanine loan to seller.

  • Represented financial services company in connection with structuring $50 million warehouse loan to back an insurance premium loan program.

  • Represented financial services company in connection with Section 144(A) private placement of fixed rate asset backed notes with respect to structured settlement receivables totaling more than $97 million.

  • Represented landlord, Westfield, in negotiation of a lease an anchor premises to the leading Japanese fast-casual retailer. This was the retailer’s first enclosed mall location in the United States, and is located in one of the top grossing malls in the United States.

  • Represented bank in connection with loan to aero parts manufacturer and distributor.

  • Represented special servicer for CMBS lender in connection with the sale of an apartment complex in South Carolina acquired by the lender in foreclosure

  • Represented financial services company in connection with structuring $100 million warehouse loan securitization program for lottery receivables.

  • Represented owner/developer, Prestwick Development Company, in transactions involving financing of the acquisition and rehabilitation of rural multifamily housing properties and the transfer and assumption of RD 515 loans from the U.S. Department of Agriculture.

  • Served as buyer’s counsel in $160 million acquisition of a portfolio of skilled nursing, alternative living and independent living facilities.

  • Represented five limited liability companies and related individual guarantors in the restructure and refinancing of several loans secured by five different properties, one of which was not income producing, resulting in a reduction of loan amounts by discount, extended loan periods and more favorable financing terms.

  • Served as immigration counsel to public housing authority advising them on their compliance with E-Verify and form I-9 compliance.  Completed an internal audit of their Employment Eligibility Verification forms (form I-9) and provide counsel on hiring and anti-discrimination issues related to their workforce.

  • Represented community bank in connection with a $7.7 million acquisition and renovation loan secured by hotel property located in Atlanta.

  • Representation of retail real estate investment and development company in acquisition and leasing of shopping center outparcels in the mid-Atlantic and Southwest regions.

  • Representation of real estate investment and development company in lease of approximately 12-acre industrial site in North Carolina.

  • Representation of tenant in multi-floor office building lease.

  • Represented purchaser in the sale / leaseback of juvenile acute care facility which included a long term care and outpatient components as well as a day care facility.

  • Represented owner/developer in the preparation and negotiation of two long-term sports-use anchor tenant leases for to be developed mixed-use project.

  • Representing national bank in workouts and restructuring of numerous non-performing real estate loans, including the workout of defaulted loans to several single-family home developer affecting more than 1,000 homes and developed lots.

  • Won summary judgment on behalf of Homeowners of Magnolia Plantation Condominiums seeking rescission of their contacts for non-completion of their homes. The developer claimed it was absolved of its duty to complete the homes due to an Act of God, specifically Hurricane Katrina. The Court ruled that the Act of God defense was not applicable because Hurricane Katrina at most made it more difficult for the developer to complete the homes.

  • Represented a publicly held, non-traded REIT in the acquisition and leaseback of a large surgical hospital. The transaction involved a recently completed facility and included an option for client to purchase future development.

  • Represented the owner of a family business in estate planning and the ongoing governance among his daughters after death. The client desired to provide for his wife and daughters, but also to provide for the continuation of the family business and family harmony.

  • Representation of national biomedical company in lease of industrial space for research, manufacturing, storage and distribution.

  • Represented Industrial Developments International in acquisition and development of properties for regional warehouse distribution centers.

  • Represented individual investor in purchase of loan from bank and foreclosure of retail shopping center.

  • Provided corporate finance and real estate advice, including a nonconsolidation opinion, in connection with the sale of majority equity interest in largest national temperature-controlled warehousing and logistics services company, and related financing.

  • Representation of a tax-exempt university and an affiliated special purpose borrower/landlord entity in obtaining $20 million of debt subsidized by NMTCs to be used to construct an approximately 60,000 square foot facility consisting of museum galleries, art storage and museum infrastructure, theater and classroom space.

  • Served as counsel to a nationally focused real estate developer in the syndication to physician-tenants of interests in a Princeton, New Jersey based medical office building.

  • Assisted with the sale of a $4.25 million dollar office building for global third-party logistics provider.

  • Provided corporate governance and SEC disclosure advice for a campus housing REIT, Campus Crest Communities Inc., in connection with a $354 million underwritten initial public offer.

  • Provided corporate governance and SEC disclosure advice in connection with the filing and SEC review of a proposed underwritten initial public offer for the largest national temperature-controlled warehousing and logistics services company.

  • Served as counsel to the sponsor of a private equity fund in its formation and private placement of membership interests for an opportunity focused real estate investment fund formed to invest in Atlanta based office properties.

  • Representation of fast-expanding national restaurant chain in negotiation of leases across the United States, including negotiation of lease for relocation of corporate headquarters.

  • From 2010 to present represented owner/developer of Lake Point® project, a 1,200+ acre assemblage for a mixed-use development north of Atlanta, including joint venture transactions, land acquisitions, project financing, preparation of declaration of covenants, restrictions and easements on the project, parcel sales and on two long-term youth sports-use anchor tenant leases.

  • Represented national lender in connection with an A/B note restructure of a $175 million loan secured  by an office building in Seattle, Wash.

  • Representation of regional developer in acquisition, redevelopment, leasing and re-financing of neighborhood shopping centers in Georgia and Alabama, including negotiation of big box anchor leases and restaurant ground leases.

  • Represented SunTrust Bank in commercial foreclosures, including foreclosures of retail centers, office condominiums and residential subdivisions.

  • Represented a Fortune 500 consumer goods company in the negotiation of a 1.4 million square foot build to suit regional warehouse and distribution center located in metropolitan Atlanta, Georgia. The facility is used for the storage and distribution of consumer products and regulated chemicals.

  • Represented institutional owners in connection with leasing and management of portfolio of multiple office and office/warehouse buildings, including a 355,000 square foot office/warehouse lease.

  • Represented global consumer products client in negotiating purchase agreement of manufacturing facility in Forest Park, Ga., completing significant environmental due diligence, applying for inclusion in Georgia Brownfields program and obtaining approval of Brownfield Compliance Status Report and final Limitation of Liability from the Georgia Environmental Protection Division.

  • Served as lead developer counsel for a development in Salina, Kansas, which included the first-ever Tax Increment Financing project completed within the City of Salina.

  • Representation of multi-state family owned business in the acquisition of a $3.5 million self-storage facility.

  • Represented developer/owner of mixed-use urban redevelopment project of over 80 acres in obtaining approximately $80 Million of NMTC- subsidized financing for multiple phases of the development, including approximately 900,000 square feet of office space. The transactions involved 11 different CDE lenders and acquisitions of participations in existing leverage loans to 11 different NMTC investment funds.

  • Represented CMBS lenders in connection with loans ranging from $1 million to $40 million, secured by office, retail, apartment and hotel properties located throughout the United States.

  • Represented national lender in connection with $4,890,000 acquisition and construction loan secured by apartment property in Orlando, Fla.

  • Representation of JAS Forwarding Worldwide in the acquisition, financing and construction of its international headquarters in Sandy Springs, Georgia.

  • Represented Regions Bank in commercial foreclosure of an office building in Fulton County.

  • Represented developer/landlord Crescent Resources in development of 500,000 square foot (approximately) high-rise office building complex.

  • Represented the developer of a mixed use condominium and retail project in downtown Atlanta, financed in part with Tax Allocation District bonds and New Markets Tax Credits.

  • Represented a specialty construction company in sale to private equity fund.

  • Representing tenant Intercontinental Hotel Group, in a 350,000 square foot national office headquarters lease negotiation.

  • Assisted Japanese manufacturing client with site selection, environmental due diligence, land development permits, negotiation with local, county and state authorities to obtain various economic incentives and applications for Georgia Industrial Wastewater Discharge and Air Emission permits in connection with the construction and development of new plant near Griffin, Ga.

  • Representation of a developer in acquiring general partner interests and deferred developer fee rights associated with a portfolio of more than 100 LIHTC projects, including due diligence review and structuring the acquisitions, negotiating with project lenders and LIHTC investors to obtain necessary consents and revisions to original LIHTC transaction documents.

  • Represented Greek investor in the acquisition and financing of multiple retail sites in Virginia and Georgia.

  • Represented national bank and non-bank lenders in due diligence aspects of loan acquisition transactions regarding more than 300 real estate and asset based loans.

  • Representing owner/developer in the preparation of declaration of covenants, operating and easement agreements, and air-rights sales contracts, for to-be-developed mixed-use urban redevelopment project.

  • Representation of Atlanta Property Group in the acquisition of several office building projects in the Atlanta, Georgia metropolitan area.

  • Represented a real estate developer in joint ventures and development agreements for the construction of high-rise condominium buildings and the sales of units. These involved complicated non-recourse first loans and mezzanine debt. There were also complicated development issues and required permits and easements.

  • Represented Newnan Hospital by negotiating, developing and documenting a plan whereby the client, a nonprofit hospital, was sold to a large nonprofit hospital system, Piedmont, on terms which assured the community that Piedmont would build a new hospital for the community to replace the existing hospital which occupied two buildings built in the 1920s and 1950s. The new hospital, Piedmont Newnan Hospital, opened in May 2012.

  • Representation of purchaser of $5 million hotel site and corresponding negotiations with tax-exempt bond lender, franchisor and joint venture partners.

  • Representation of a manufacturing company in the acquisition and tax-exempt bond financing of its $8 million headquarters location in a covenant restricted industrial park.

  • Representing a foreign equity investor, Profimex Ltd., in structuring joint venture with U.S. based developer of office/flex properties and closing acquisition and financing of first development in North Carolina, and in structuring the joint venture for the acquisition of three office/flex buildings in suburban Atlanta, Georgia, and closing the acquisition and financing of same.

  • From 2007 to present represented KBS and its affiliates on office leases in the following buildings in metropolitan Atlanta: 171 17th Street in the Midtown submarket; Great Oaks Center in the Alpharetta submarket; Hartman I and II in the Alpharetta submarket; Overlook I in the NW/Vinings submarket; and Royal Ridge in the Alpharetta submarket.

  • Represented lender in connection with workout of $200 million CMBS loan secured by a trophy hotel in New York City.

  • Representation of national developer in acquisition of land underlying power center development in Florida and negotiation of reciprocal easement agreement and various related documents.

  • Represented Lenbrook Square Foundation in the issuance of over $170 million of tax exempt bonds to finance expansion of its retirement community facility.

  • Represented national stock exchange as tenant in connection with the development, construction and leasing of a 35,000 rentable square foot Tier 4 data center.

  • Represented Christian City in the refinancing of HUD loans with respect to residential rental housing projects for low-income elderly or disabled persons.

  • Represented major Internet service provider in the acquisition of property for data center and in the issuance of taxable revenue bonds.

  • Resolved a high stakes dispute between commercial developers on adjacent properties through litigation and subsequently negotiated settlement by formulation of a win-win scenario involving benefits to both parties to address issues related to easements, retention ponds, lateral support and other concerns.

  • Served as counsel to the sponsor of a private equity fund in its formation and private placement of membership interests for an opportunity focused real estate investment fund formed to invest in office and retail properties.

  • Representation of national retailer in negotiation of power center anchor leases in Southeast and mid-Atlantic regions.

  • Representation of regional mall ownership in shopping center redevelopment and expansion in Minnesota, including negotiation of theater anchor lease.

  • Represented a private equity fund in purchase of national-branded hotel located in Baltimore, Md.

  • Represented developer in acquisition, financing, development and rehabilitation of multi-family and seniors affordable housing developments.

  • Represented a private equity fund in sale of boutique hotel located in Washington DC.

  • Representation of retail real estate investment and development company in acquisition of shopping center in South Carolina.

  • Led due diligence team for client acquisition of 9 super-regional mall portfolio. The portfolio consisted of over 2 million  sf of in line space and over 30 anchors.

  • Represented national warehouse company in the acquisition, operation and disposition of refrigerated warehouse properties.

  • Representation of retailer in acquisition of new corporate headquarters in the Southeast.

  • Represented owner/developer in development, financing and leasing of Atlantic Station, a 137-acre mixed-use Brownfield redevelopment project in Atlanta.

  • Representing a wealthy family in the purchase of several neighborhood shopping centers. In addition to addressing the due diligence and financing for the acquisition of each center, we have represented the owners in connection with condemnations, tenant issues, new leases and extensions, and operating issues. We have also represented these owners in negotiating co-tenancy agreements and joint venture agreements.

  • Represented office building tenant’s purchase of its 400,000 square foot building, and the subsequent leasing and financing/recapitalization transactions.

  • Defeated a landlord’s summary judgment claim against tenant client for more than $5 million in accelerated rent associated with the lease of three motels based upon the distinction between usufruct and estate for years leases, concepts related to the accrual of claims under installment contracts, and the tripartite test for enforceability of acceleration provisions under the liquidated damages standard.

  • Representation of retailer in acquisition of inventory and supply warehouse across the United States.

  • Represented a joint venture of three international and one U.S. real estate company in acquiring a major real estate advisor, reviewing ongoing co-investments by the real estate advisor on behalf of the joint venture and then represented the joint venture in selling the real estate advisor and its related co-investments for approximately $560 million.

  • From 2002 to 2010 represented the owner of the Atlantic Station project on office leases in the following buildings: 171 17th Street, 201 17th Street and 271 17th Street in the Midtown submarket.

  • Represented a publicly-traded REIT in connection with its land purchase, development and leasing of 714,000 square-foot regional shopping center, including leases and parcel re-sales to national retail tenants.

  • Represented owner, Mills Corporation, in the closing of $180 million construction/development financing for a regional mall development.

  • Representation of national retailer in negotiation of big box leases in locations across the United States.

  • Represented Hexalon Real Estate and its affiliates in the acquisition and development of major regional shopping centers, including negotiation of leases and operating agreements with anchor department stores

  • Represented our client in the admission of an investor in the company and several years later, the buy-out of that investor member. These transactions involved negotiation control, approval rights and funding obligations and the roll up of certain assets. The breakup required joint venture agreements that preserved certain rights of the parties as well as the spin out of the assets of the company and certain development rights.

  • Represented a Dutch investor in the acquisition and operation of The Frog resort and golf course, together with a majority interest in related hotel and residential development.

  • Represented Costco Wholesale in the acquisition and development of new stores across the Southeast.

  • Represented purchaser RTM Inc. in an acquisition of a 354-store chain of Arby’s retail stores, and on other 100+ unit chain store acquisition transactions.

  • Served as underwriters counsel for initial public offering by hotel real estate investment trust (REIT), Commonwealth Advisors, as underwriter for Jameson Inns Inc.

  • Counseled First Capital in connection with $7.5 million multi-facility loan to Gardner Glass Products, Inc., and its affiliates, with respect to matters related to the ownership of the company by an employee stock ownership plan (an ESOP). Gardner Glass is a glass and mirror manufacturing company based in North Carolina.

  • Represent a Dutch firm in acquiring 50 percent interests in three Australian regional shopping centers at a time when there were only 42 such centers in all of Australia, 21 of which were owned by the joint venture partner. This transaction required due diligence, purchase agreements and joint venture agreements. Given the strength of each of the two parties, the negotiations required significant negotiation and ultimately, an agreement was reached. The aggregate price was substantial.

  • Represented Hexalon Real Estate and its affiliates in the negotiation of retail leases to nationally known men’s clothing stores for prime retail locations on Fifth Avenue in New York City.

  • Represented the owner of the Marriott at Sawgrass resort complex in Florida in the sale of the property to an international institutional investor.

  • Represented Prentiss Properties in connection with the development and construction financing of One Atlantic Center (one of the largest office towers in Atlanta), and the ultimate sale of the building to a Japanese institutional investor.

  • Advising medical properties real estate investment fund regarding securities law issues and private offerings.

  • Assisted municipal issuer of more than $20 million in tax-exempt bonds to finance an urban redevelopment project consisting of a hotel and adjoining conference center in Washington, Ga.

  • Drafted the initial model conservation easement used by selected governmental organizations within the State of Georgia and has negotiated/implemented conservation easements in 11 states for major private landowners.

  • Led real estate and loan due diligence teams in representing Australian-based investment fund manager in acquisition of a 49% interest in 8 super-regional malls throughout the United States, valued in excess of $2 billion.

  • Negotiated a 20-floor lease with State Street Bank and Trust Company, the anchor tenant of a prominent 1,000,000 square feet office building in Boston, including coordination of complex asbestos abatement and tenant relocation programs during renovation and restructuring.

  • Negotiated the sale of a multi-state flooring and distribution closely held family business for a family composed of some 20 shareholders covering four generations.

  • Obtained regulatory approval for the replacement of a nursing facility operator on an expedited timeline on behalf of a REIT (accomplished in three weeks with a typical state timeline of three months).

  • Property owned by two LLCs as tenants-in-common sold in a deferred swap for two parcels and with financing obtained to enable the acquisition of the two parcels.

  • Represent leading regional full-service eye care provider in connection with real estate acquisitions including drafting required reciprocal easement agreements for the use and operation of the real property.

  • Represent owner of 1.1 million square foot multi-use property in connection with all leasing activities, including several leases in excess of 100,000 square feet.

  • Representation in connection with $20-million, mixed-use development (including approximately 18,000 square feet of commercial space) located in Atlanta, Georgia, financed with both tax-exempt and taxable series of bonds, low income housing tax credits and CDBG funds.

  • Representation of a housing authority located in Marietta, Georgia in connection with the conversion of remaining portfolio of public housing units under the Rental Assistance Demonstration program.

  • Representation of borrower in connection with CMBS loan secured by 70+ properties in multiple states.

  • Representation of borrower in the refinancing of $8 million in loans on multiple franchisee hotel properties involving complicated negotiations with lender, franchisor and joint venture partner.

  • Representation of co-developer in connection with acquisition and rehabilitation of the Imperial Hotel Permanent Supportive Housing Community in Atlanta, Georgia.

  • Representation of developer in obtaining $52-million construction loan and related financing for mixed-use development in Atlanta’s Midtown to contain retail, office space and residential condominiums.

  • Representation of for profit owner/developer in joint venture with the Augusta Housing Authority in connection with multi-phase, low-income/public housing apartment community.

  • Representation of multi-family housing development located in Atlanta, Georgia, financed with tax-exempt bonds, historic rehabilitation tax credits, and low income housing tax credits.

  • Representation of multiple borrower entities in connection with closing of HUD/FHA 223(f) refinancing and corresponding redemption of tax-exempt bonds.

  • Representation of nonprofit developer in obtaining Section 1602 tax credit exchange financing for multiple rural multifamily housing developments.

  • Representation of nonprofit owner/developer in connection with ARRA Section 1602 tax credit exchange financing.

  • Representation of owner/developer for 72-unit multi-family townhouse development located in Thomasville, Georgia, financed with low income housing tax credits and HOME funds.

  • Representation of owner/developers in connection with LIHTC and FHA 221(d)(4) financings for acquisition and rehabilitation.

  • Representation of private developer in connection with multi-phase, mixed-use urban redevelopment project located in Memphis, Tennessee, financed with HOPE VI funds, tax-exempt bonds and low income housing tax credits.

  • Representation in connection with $130 million, multi-phase, mixed-use urban redevelopment project (including multi-family and single-family housing) located in Atlanta, Georgia, financed with HOPE VI funds, tax-exempt bonds, low income housing tax credits and Federal Home Loan Bank AHP funds.

  • Representation in connection with 200-unit multifamily housing development in Ft. Worth, Texas, financed with low-income housing tax credits, conventional construction debt financing, and a TDHCA administered Housing Trust Fund loan

  • Representation in connection with mixed-use historic rehabilitation development located in South Carolina, financed with I.R.C.§ 47 historic rehabilitation tax credits and conventional debt financing.

  • Represented CMBS Trusts through its special servicers  in connection with the foreclosure sales  of apartment, retail, hotel and office properties in Georgia.

  • Represented CMBS trust through its master servicer lender in connection with a modification of $600 million of loan assets secured by approximately 150 single tenant buildings.

  • Represented CMBS trusts in connection with hundreds of loan assumption, collateral release and transfer of interest transactions.

  • Represented CMBS trusts in connection with various receivership sales of property located in Georgia, Tennessee, Florida and other states.

  • Represented Colonial Pipeline Company in the acquisition of 159 miles of oil pipelines and related tank farms and pumping facilities in Louisiana and Mississippi.

  • Represented a borrower in connection with failed permanent loan conversion and negotiation with lender and investors.

  • Represented a borrower with negotiation of forbearance agreement on construction loan for condominium project.

  • Represented a developer in completing and submitting its application for low-income housing tax credits.

  • Represented a developer in connection with Caribbean-based development of luxury resort-anchored, mixed-use project, including negotiation of acquisition and concession documents with government.

  • Represented a developer of multifamily housing development in connection with negotiation and implementation of TAD bonds (tax increment financing) funding from local development authority.

  • Represented a developer/owner of senior low-income rental housing project in development and financing with loan from public housing authority and Section 1602 exchange funds loan from state housing agency.

  • Represented a large international hotel operator in business venture and lease with high-end restaurant in multiple hotel locations.

  • Represented a mezzanine lender/investor with restructuring of loan to equity investment and modification of senior debt.

  • Represented a national hotel chain in acquisition and development of property for banquet facilities.

  • Represented a private investment management firm in an $870 million acquisition of the real estate and transfer of operations to 4 separate operating entities for over 160 senior care facilities across 12 states, including both skilled nursing and assisted living facilities.

  • Represented a privately held real estate investment firm in the acquisition and financing of a hotel property in Denver, Colorado, including a subsequent $133 million refinancing of such property to fund redevelopment activities.

  • Represented a publicly traded REIT in a $1.125 billion acquisition and restructuring of a senior housing provider that operates 96 senior-living communities as well as pharmacies in the Midwest.

  • Represented a publicly traded REIT in a $4 billion sale of a portfolio of senior housing facilities.

  • Represented a real estate equity fund in connection with its investment in mixed-use urban development.

  • Represented a real estate fund formation of multiple “blind pool” funds and in the acquisition and disposition of portfolio assets comprising of acquisitions.

  • Represented a real estate investment firm in the acquisition and $29,750,000 construction financing of a hotel property in San Antonio, Texas.

  • Represented a real estate investment firm in the acquisition of, and foreclosure on, two non-performing notes totaling more than $40 million, secured by two hotel properties located in Florida.

  • Represented a real estate investment firm in the financing and acquisition of a 60-unit multi-family apartment community located in Gwinnett County, Georgia

  • Represented a real estate investment trust in connection with its $86 million acquisition of eight multi-family apartment communities, located in Georgia, Florida and North Carolina, out of a bankruptcy estate.

  • Represented a real estate investor in connection with equity investment in various retail, multifamily, office and mixed-use projects.

  • Represented a specialty chemical products company in (i) a secured lending transaction focused on security of owned multi-state commercial real estate assets and related documentation and negotiation in relation to a $320 million credit facility and (ii) the negotiation of a sale and drafting of a Purchase and Sale Agreement for owned property valued at more than $3 million located in Brockton, Mass.

  • Represented a tax credit equity investor in connection with investment in HOPE VI public housing redevelopment project.

  • Represented an investor in its investment in a senior low-income rental housing development financed with loans from a public housing authority and a loan utilizing tax-exempt bond proceeds, such representation included the drafting and issuance of a tax opinion letter.

  • Represented an investor in the negotiation and replacement of the general partner in the owner partnership of a low-income rental housing development.

  • Represented an owner/developer of affordable multifamily housing projects in connection with financing comprised of tax-exempt bonds, LIHTC equity investment, and various other government subsidized funding sources.

  • Represented an investor in distressed proposed hotel development with sale of investor’s interest.

  • Represented an owner in connection with acquisition and disposition of retail shopping centers.

  • Represented a LIHTC investor to evaluate alternatives in connection with distressed affordable multifamily housing project.

  • Represented a REIT in acquisition of major regional shopping mall.

  • Represented a REIT in connection with acquisition and financing of several large refrigerated warehouses and distribution facilities.

  • Represented a borrower/owner of nonperforming multifamily rental project with analysis of issues for workout with lenders and investor.

  • Represented a developer in connection with multi-phased, mixed-use development comprised of multifamily and single family residential components, a new elementary school, a community center, a YMCA, a bank branch and other retail.

  • Represented a developer in connection with structuring and negotiating multiple development joint ventures across the U.S.

  • Represented a developer in negotiating master development agreements with public housing authorities and other government agencies for public/private partnerships.

  • Represented a master developer in developing mixed-use project with hotel, retail and residential components.

  • Represented a public housing authority in structuring and financing with HOPE VI HUD grant funds a large master planned community revitalization project with multiple components, including public infrastructure, mixed-income housing and recreational amenities.

  • Represented a purchaser of distressed property through loan assumption and workout of existing senior debt.

  • Represented a subordinate lender in connection with foreclosure by senior lender and bankruptcy of borrower.

  • Represented a subordinate lender to assess its rights and remedies in connection with a senior loan default on a mixed-income rental housing project.

  • Represented finance company in connection with loan to holiday ornament manufacturing company.

  • Represented finance company in multiple receivable portfolio sales to domestic and international purchasers and syndicators.

  • Represented global hotel operator in the acquisition of a 400+ room hotel in a multi-parcel development in which the remaining sites were zoned for office buildings. In addition to negotiating the purchase and sale agreement and handling the acquisition, we renegotiated the declaration of covenants, easements and restrictions regarding the other parcels in the development to address parking, access and future development.

  • Represented growing, family-owned regional retail business with multiple locations.  Several financing; real estate acquisitions; trade mark litigation; non-family ownership and family intergenerational issues.

  • Represented large insurance company in a multimillion dollar interim and permanent loan secured by a portfolio of self-storage facilities.

  • Represented life insurance company in various loans ranging in size from $2 million to $50 million, secured by office and retail properties located in Georgia.

  • Represented major metropolitan housing authority defending claims brought by a member of a redevelopment company against the housing authority for alleged breach of contract and various tort claims. Obtained order of dismissal of all claims against client at the pleadings stage of the litigation. The trial court’s dismissal was affirmed by the Georgia Court of Appeals.

  • Represented national lender in connection with $15 million permanent loan secured by a shopping center located in South Carolina.

  • Represented numerous regional and national landlords on their leasing projects including Westfield, Carter’s, Gregory Greenfield and Associates, Trademark, CBL and others.

  • Represented owner / developer of affordable multifamily housing projects in connection with financing comprised of tax-exempt bonds, low-income housing tax credit equity and other government subsidized funding sources.

  • Represented real estate investment fund in connection with a $30,250,000 loan secured by an office building in Charlotte, North Carolina.

  • Represented subordinate lender in workout negotiations with senior noteholders regarding receivership, foreclosure and bankruptcy issues.

  • Represented the owner of the Marriott Sawgrass resort complex in Florida, including the negotiation of hotel management agreements, golf course access agreements and the ultimate sale of the property to an international institutional investor.

  • Represented a CDE in its formation and allocation of New Markets Tax Credits and subsequent loans to several Qualified Active Low Income Community Businesses.

  • Represented local housing authority in multiple tenant disputes including claims for wrongful eviction.

  • Representing Integral Properties in connection with the redevelopment of several public housing projects in Atlanta, using federal tax credits and tax-exempt bond financing.

  • Representing NuRock Properties with respect to the development and financing of numerous multi-family affordable housing complexes in Georgia, Florida and Texas, using federal tax credits and tax-exempt bond financing.

  • Representing world’s largest sunglass and eyeglass company in the leasing of its North American retail portfolio.

  • Represents Harvest Capital Group in the investment and structuring of equity in real estate projects

  • Represents developers/landlords in the acquisition, development, and syndication of retail projects including the representation of the Atlanta-based Equinox Group and CenterPoint Properties and New York-based Goddard Development Partners

  • Serves as real estate counsel for over 20 nationally-recognized operating companies and franchised concepts in various capacities, including business in the fast casual restaurant, QSR restaurant, childcare, fitness, personal hygiene, and health care/retail medical industries.

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