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David A. Libardoni, Nutter McClennen & Fish LLP Photo

David A. Libardoni

Associate / Boston

Overview

David A. Libardoni is an associate in Nutter’s Real Estate Department and a member of the firm’s Development, Land Use and Permitting practice group. A diverse range of clients rely on David for advising on complex commercial acquisitions, dispositions, permitting, development, leasing, and financing matters, in particular with performing zoning, title, and survey due diligence, drafting conveyance, financing, and leasing documents, obtaining zoning relief and managing the closings for a variety of transactions.

Notable Experience and Client Impact

  • Representation of industrial real estate investor and developer in its acquisition, financing, leasing and development of industrial assets with an aggregate value of over $125 million.
  • Representation of nonprofit healthcare provider in connection with the development and financing of a 102-unit residential development with a preference for affordable veterans’ housing located in Brighton, Massachusetts
  • Representation of a life insurance company in connection with a $112 million loan and $175 million refinancing to a joint venture and pension fund secured by a Class A office and research laboratory building in the Longwood Medical Area in Boston.
  • Representation of an oil and gas company on the sale and disposition of over 110 fuel service stations located throughout the Northeast.
  • Representation of joint venture developer in connection with construction and mezzanine financing for a transit-oriented development in Plymouth, Massachusetts
  • Representation of lender in connection with $27.5 million loan to nationally recognized developer for acquisition of retail shopping center located in Summerville, South Carolina.
  • Representation of developer in connection with permitting and zoning relief necessary for the acquisition and redevelopment of historic religious structure into residential condominium in downtown Boston.
  • Representation of nationally recognized commercial lender in connection with a $60 million loan for a newly constructed apartment tower in Chicago, Illinois
  • Representation of real estate investor in its $64 million joint venture acquisition of a portfolio of office and warehouse properties and on-going financing and disposition of portfolio assets.
  • Representation of multi-family housing developers in connection with Chapter 40B affordable housing projects in Greater Boston.
  • Representation of a hotel developer in dismissal of a Chapter 91 Waterways Act appeal before the Department of Environmental Protection

David is committed to the firm’s pro bono efforts. He has worked with Medical-Legal Partnership | Boston and the Volunteer Lawyers Project to represent pro bono clients in landlord-tenant disputes.

During law school, David served as editor in chief of the Boston College Law Review and received the Cornelius J. Moynihan Award for Outstanding Editorial Work in Publications. His note, Prisoners of Fame: How an Expanded Use of Intrusion Upon Psychological Seclusion Can Protect the Privacy of Former Public Figures, 54 B.C.L.REV. 1455 (2013), was published in the Boston College Law Review.

His other legal experience includes a judicial internship for the Honorable Mary M. Lisi of the U.S. District Court for the District of Rhode Island.

After graduating from Tufts University, David received a Fulbright Grant from the U.S. Department of State and served as an English teaching assistant and cultural ambassador in South Korea.

Experience

Experience

  • Represented shorefront owners in litigation concerning easement rights on Cape Cod

    Defended several shorefront owners in litigation concerning access to the waters of Cape Cod Bay. The courts ruled that the original developers did not reserve beach rights for the inland owners and further confirmed that the shorefront owners owned their land out to the mean low water line.

  • PeoplesBancorp

    Nutter is representing PeoplesBancorp, MHC, a Massachusetts mutual holding company, and the bank holding company of PeoplesBank, a Massachusetts-chartered savings bank, both of Holyoke, Massachusetts, in connection with its pending acquisition of First Suffield Financial, Inc., a Connecticut corporation and the bank holding company of The First National Bank of Suffield, a national bank, both of Suffield, Connecticut. The total value of the transaction is approximately $60 million.

  • Brighton Marine

    For over 30 years, Nutter has been proud to represent Brighton Marine, a non-profit corporation supporting uniformed service members, retirees, veterans and their families in the Allston-Brighton community. Nutter assisted its client with the development of The Residences at Brighton Marine, a $46 million project creating 102-units of affordable housing in Boston with a preference for veterans. 

    Nutter advised Brighton Marine on all aspects of this project, including the original strategic planning, the permitting, the formation of the joint venture with WinnCompanies, the ground lease to the joint venture and the financing.

  • Phoenix Property Company/Lincoln Property Company

    Nutter represents a joint venture between Phoenix Property Company /Lincoln Property Company and an institutional investor in the permitting and transactional aspects of a large, complex, multi-party residential/hotel/retail mixed-use project with underground garage to be constructed on the land known as Parcel K, owned by the Massachusetts Port Authority, that is located in the Seaport District in Boston. The Project will consist of a 12-story apartment building with 304 apartments, a 12-story, 294-room hotel, office and retail space in both towers and a 1-level underground garage. Our work leading up to the initial closing involved the negotiation of:  the acquisition of the Project development rights from a prior developer; the joint venture between Phoenix Property Company/Lincoln Property Company and an institutional investor; the transfer of the hotel development rights to a joint venture between Hyatt Hotels Corporation and a hotel operator; multiple ground leases with Massport for the separate Project components; a construction loan with JPMorgan Chase, N.A. as lead lender; and a complex reciprocal easement agreement among the different Project components; as well as addressing complex permitting and title issues (including Chapter 91 licensing, agreements with the Boston Planning and Development agency and the creation of multiple air rights parcels). 

Case Studies

News & Insights

Education & Admissions

Education

Boston College Law School, J.D., cum laude

Tufts University, B.A.

Admissions

  • Massachusetts

Industries

Notable Experience

David performed title, survey, and zoning review for a client’s $64 million joint venture acquisition of a portfolio of office and warehouse properties in Massachusetts and Connecticut and on-going financing and disposition of portfolio assets.

Noteworthy

After graduating from Tufts University, David received a Fulbright Grant from the U.S. Department of State and served as an English teaching assistant and cultural ambassador in South Korea.

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