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Real Estate

Overview

Our practice

Nutter’s robust commercial real estate practice provides expertise, both nationally and regionally, on the wide range of legal challenges surrounding all types of real estate, including the most complex transactions and developments. We understand that each client brings its own set of unique needs and challenges. We strive constantly to bring a creative, goal-oriented approach to every situation.

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We have a broad experience covering real estate transactional and finance work, as well as related entitlement, land use, and environmental matters. Our value-add is that we see how all the pieces of complex matters fit together, thereby providing a tremendous benefit to our clients.

Our clients

Our clients include owners, operators, lenders, developers, property managers, institutional investors, governmental authorities and quasi-governmental organizations, hospitals and other health care providers, educational institutions, and other not-for-profit entities.

Services

We represent our clients in all aspects of sophisticated real estate transactions, including:

  • Acquisitions and dispositions (purchase and sale agreements)
  • Leasing
  • Financing
  • Foreclosures, workouts, and restructurings
  • Zoning and all other land use permitting
  • Environmental compliance and regulatory matters
  • Conveyancing
  • Entity formation, including partnerships and joint ventures
  • Property management
  • Architect and construction contracts

 Our attorneys

Our attorneys are prominent and highly respected members of the legal and real estate communities. They are active leaders and members of the American College of Real Estate Lawyers (ACREL), the American College of Mortgage Attorneys (ACMA), the Commercial Real Estate Development Association (NAIOP), Real Estate Finance Association (REFA) of the Greater Boston Real Estate Board, Commercial Real Estate Women Network (CREW), Massachusetts Real Estate Bar Association (REBA), the American, Massachusetts, and Boston Bar Associations, Massachusetts Continuing Legal Education, Inc. (MCLE), and numerous other professional, trade, civic, and charitable organizations.

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Representative Matters

Representative Matters

  • $230 million mixed-use development for Related Beal

    Represented the full service real estate firm Related Beal on a range of complex issues involving Parcel 1B, a development project which includes the first large-scale 100 percent affordable and workforce housing development in downtown Boston in the past 25 years, as well as a 220-room hotel, ground floor retail space, and parking. Work included air rights leasing, title, acquisition, zoning, and environmental matters, as well as state and City of Boston entitlements, real estate tax stabilization, agreements, and hotel financing.

  • The Boulevard, Boston Takes Shape

    Advised the owner and developer of a downtown Boston property in the financing of a new 12-story residential and commercial condominium project, known as The Boulevard, in the negotiation of senior mortgage financing as well as a preferred equity investment by the developer’s partner, a national investment management firm. The project is designed to contain 31 market-rate units, five artists’ units, a retail unit, and a garage, and includes elements of a historic Bulfinch building.

  • Delaware North

    Represented Delaware North, one of the largest privately held global hospitality and food service companies in the world, when it expanded its portfolio of resorts into Massachusetts by acquiring the Sea Crest Beach Hotel on Cape Cod.

  • Represented one of the largest banks in the United States

    Nutter represented one of the largest banks in the United States in warehouse facilities to a dozen of the largest Fannie Mae, Freddie Mac, and FHA licensed mortgage lenders and low-income housing tax credit syndicators, with total commitments in excess of $2 billion.

  • The acquisition, disposition, permitting, financing and leasing on multiple projects in Greater Boston and Eastern Massachusetts for National Development of New England, Inc.

    These projects have included MarketStreet at Lynnfield, Bridges at Andover, Station Landing in Medford, Chapter 40B development of Arbor Point at Woodland Station in Newton, Forge Park in Franklin, Fort Point Channel in Boston, MetroNorth Corporate Center in Woburn, Lake Williams Corporate Center in Marlborough, Blueview Corporate Center in Canton, Mansfield Corporate Center, New England Business Center in Andover and various other office, research and development, shopping center and assisted living projects.

  • Complex development project, including drafting of new zoning for Hebrew Senior Life

    Drafting new zoning for overlay district, defending the value against judicial challenge, and securing approval from the local planning board, conservation commission, county commissioner, water district and environmental impact statement reviews for Hebrew SeniorLife’s 160 acre intergenerational campus in Dedham, Massachusetts. 

  • Tedeschi acquisition by 7-Eleven

    Negotiated the sale of Tedeschi Food Shops, Inc., a family-owned business, to 7-Eleven Inc., a major, complex transaction for a long-time Nutter client, resulting in Tedeschi’s 181 markets in Massachusetts and New Hampshire becoming part of 7-Eleven’s chain of 10,500 stores in North America.

  • Nutter assists Congregation Mishkan Tefila in sale and relocation of campus

    Represented Congregation Mishkan Tefila (CMT) in two related 2016 transactions: (1) the sale of CMT’s land and buildings in Chestnut Hill to nearby Boston College, and (2) CMT’s relocation to the Brookline campus of Congregation Kehillath Israel (CKI), including the negotiation of a unique, complicated co-location agreement with CKI addressing multiple real estate, operational, and programmatic issues.

  • First Church of Christ, Scientist

    Representation of The First Church of Christ, Scientist in the disposition via both deed and ground lease of multiple properties in Back Bay, Boston, and advice regarding permitting aspects of significant improvements to the Plaza and other Church-retained property.

  • Acquisition, development and environmental work for Oracle Corporation

    Development of multi-building Oracle Corporation campus in Burlington, Massachusetts, including complex permitting and environmental issues.

  • Malden Mills Complex in Lawrence and Methuen, Massachusetts

    Assisted Lubert-Adler and Versa in their acquisition out of bankruptcy of the Malden Mills property in Lawrence and Methuen, including all permitting, and environmental analyses, and subsequent multiple dispositions of real estate assets, including complex title, permitting and subdivision matters.

  • CIRCOR International, Inc.

    Acquisition of Critical Flow Solutions
    $210 million

  • Represented banks, life insurance companies and special servicers in various troubled debt restructurings and foreclosures

    Represented banks, life insurance companies and special servicers in various troubled debt restructurings and foreclosures involving commercial real estate properties, including office buildings, industrial projects, hotels and senior housing projects throughout the United States.

  • Represented real estate investors and developers in acquisition and financing projects

    Represented real estate investors and developers in the acquisition and financing of apartment projects, retail projects, office buildings, industrial properties and health care facilities in New England.

  • Represented property owner in creation and sale of air rights parcel

    Represented a property owner in the creation and sale of an air rights parcel in Boston, Massachusetts.

  • Build-to-suit leasing

    Negotiation of build-to-suit lease on behalf of tenant for new 200,000 square foot build-to-suit office building and 800-space parking garage.

  • Portfolio leasing and management

    Negotiation of leases (and other portfolio management legal advice) on behalf of Landlord of office, industrial, and other commercial properties in extensive New England portfolio.

  • Acquisitions, dispositions and leasing

    On behalf of privately-held real estate advisory firms and their commingled real estate funds, negotiation of purchase and sale agreements and leases for office, industrial, warehouse, residential, and retail properties throughout the United States.

  • Comprehensive advice regarding corporate real estate

    Negotiation of purchase and sale agreements, construction contracts, leases, and other agreements in connection with national corporate real estate portfolio.

  • Acquisition, financing and leasing of a five building office park comprising 356,000 square feet

    Representation of owner-developer in the acquisition, financing and leasing of a five building office park comprising 356,000 square feet located in Lexington.

  • Acquisition, financing and leasing of a 65,000 square foot research and development facility

    Representation of owner-developer in the acquisition, financing and leasing of a 65,000 square foot research and development facility located in Waltham.

  • Acquisition and financing of 55,000 square foot corporate headquarters

    Representation of owner in the acquisition and financing of its 55,000 square foot corporate headquarters office building located in Waltham.

  • Leasing and disposition of 600,000 square foot manufacturing complex

    Representation of owner-developer in the leasing and disposition of a research and development and light manufacturing complex comprising 600,000 square feet located in Beverly.

  • Acquisition and financing of a single tenant 80,000 square foot office building

    Representation of owner-developer in the acquisition and financing of a single tenant 80,000 square foot office building located in Chelmsford.

  • Acquisition, financing and leasing of a two building office and lab complex

    Representation of owner-developer in the acquisition, financing and leasing of a two building office and lab complex comprising 90,000 square feet located in Billerica.

  • Acquisition, financing and leasing of an office and lab complex comprising 200,000 square feet

    Representation of owner-developer in the acquisition, financing and leasing of an office and lab complex comprising 200,000 square feet located in Watertown.

  • Redevelopment of the Mystic Mall, Chelsea

    Representation of developer/owner in connection with the permitting and redevelopment of the former Mystic Mall. Nutter's representation included subdivision approvals, site plan and special permits, environmental compliance, and preparing and negotiating Memoranda of Agreement.

  • Redevelopment of the former Polaroid Campus, Waltham

    Representation of the developer/owner in connection with the acquisition, permitting and development of the former Polaroid Campus in Waltham to include (at full buildout) 1,280,000 square feet of office, commercial and retail uses. Nutter's work included assisting the client in obtaining the largest Phase I waiver, under MEPA.

  • Acquisition and permitting of affordable housing projects in multiple municipalities

    Representation of a national housing developer in the acquisition and permitting of affordable housing projects in multiple municipalities, including Stoughton, Arlington, Hopkinton, Melrose and Watertown.

  • Permitting and litigation related to an affordable housing project, Belmont

    Representation of national housing developer in an affordable housing project in Belmont. Representation included permitting and litigation related to obtaining a comprehensive permit and Superseding Order of Conditions. Successfully defeating a claim that M.G.L. c.91 applied to the property and preparing a conservation restriction for unbuilt portions of the property.

  • Sale of multi-building research and development and office facility contaminated by radiation and other hazardous materials

    Represented company in the sale of large multi-building research and development facility contaminated by radiation and other hazardous materials. Advised client on remediation of contamination and compliance with all relevant and environmental laws. Negotiated Purchase and Sale Agreement for facility, including liability release for remaining environmental conditions. Advised client on applicable laws relating to potential demolition of components of facility, including impact of historic landmark regulations.

  • Negotiation of large headquarters office lease for corporate tenant

    Negotiated Letter of Intent, Lease, Architect's Contract, Construction Contract and other related consulting agreements for, and performed due diligence on, approximately 265,000 square foot headquarters office facility. Also negotiated several lease amendments for expansion space and advised client on rights of first offer and expansion options.

  • Representation of developer on all aspects of industrial/office park development

    Represented developer in the acquisition, zoning, permitting, land use, environmental, subdivision, sale and financing of 400-acre industrial/office park development in southeastern Massachusetts, including the creation of individual land parcels, permitting of separate uses, leasing to end users, construction financing, and disposition of developed lots.

  • Representation of landlord on downtown Boston and Cambridge, Massachusetts office, warehouse, manufacturing and research and development buildings

    Representation of institutional real estate owner on all aspects of large Boston and Cambridge, Massachusetts office, warehouse, manufacturing, and research and development facilities, including negotiation of leases, letters of intent, property management contracts, brokerage agreements, construction and architect contracts, and advice to client on zoning, permitting and environmental matters.

  • National representation of corporate tenant on all facets of real estate acquisition, sale, leasing, financing, permitting, environmental, brokerage, construction contract and architect

    Representation of medical device manufacturer on a national basis on real estate leasing, acquisition, disposition, financing, permitting, environmental and other land use related activities, including negotiation of letters of intent, purchase and sale agreements, leases, lease amendments, architects and construction contracts, brokerage agreements and other consulting arrangements.

  • Representation of real estate investment manager on large enclosed mall and shopping center properties

    Representation of owner on 3 million square foot enclosed mall leased to national anchor and national interior mall tenants. Represented client on all facets of leasing and property management activities, including letters of intent, leases, lease amendments, subordination, non-disturbance and attornment agreements, architect's contracts, construction contracts and other consulting arrangements, and advice and representation of client on zoning, permitting and environmental matters.

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