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Real Estate

Overview

Overview
Nutter has a substantial commercial real estate practice, extending into the most complex transactions and developments.

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

We represent clients before federal, regional, state, and local governmental authorities, boards and agencies (including the Cape Cod and Martha's Vineyard Commissions), local zoning boards and planning boards, the Massachusetts Department of Environmental Protection, Massachusetts Executive Office of Environmental Affairs, and the U.S. Environmental Protection Agency.

We also represent numerous institutional lenders, including life insurance companies, pension funds, banks, and real estate investment trusts in creditor matters such as financings and loan restructurings. Our experience with these lending institutions also allows us to effectively represent borrowers and property owners in financing matters.

Our practice
Our real estate and finance attorneys represent our clients in all aspects of sophisticated real estate transactions, including:

  • Acquisitions and dispositions
  • Entity formation
  • Land use and permitting
  • Conveyancing
  • Real estate financing
  • Leasing and property management
  • Construction contracting
  • Foreclosures, workouts, and restructurings
  • Environmental compliance and regulatory matters

Our projects
Clients depend on us to:

  • Negotiate brokerage agreements, purchase and sale agreements and land disposition agreements
  • Arrange sale-leaseback transactions and tax-free exchanges
  • Perform title examinations and procure title insurance coverage
  • Assist in the land control and assembly of parcels of land that allows for optimum developer build-out
  • Creatively negotiate options, first refusal rights, restrictions and easements to meet developer objectives; use industrial/office park covenants and contract zoning where appropriate
  • Form corporations, partnerships, limited liability companies, trusts, and other entities for the effective ownership and control of real estate
  • Plan projects in light of governmental constraints on development
  • Obtain zoning, wetlands, subdivision, and other governmental approvals
  • Analyze the environmental risks associated with various properties
  • Negotiate insurance policies and environmental agreements such as indemnities covenants not-to-sue, and activity and use limitations
  • Structure and close construction, interim and permanent mortgage loan financings for lenders and borrowers
  • Negotiate and close equity and mezzanine financings through structures such as joint ventures, syndications, and private placements
  • Apply specialized expertise to the development, financing and sale of health care facilities, hotels, and projects for nonprofit institutions
  • Handle multi-state acquisitions, dispositions and financings, including real estate asset pools
  • Represent landlords and tenants in the negotiation and administration of leases for office, retail, industrial, and other properties
  • Counsel owners and managers on building operations
  • Advise owners and developers on negotiating and administering architects', general contractors' and other construction contracts
  • Represent creditors and debtors with non-performing properties, including loan restructuring and workout strategies, bankruptcy reorganization plans, and foreclosures

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, National Association of Industrial and Office Properties (NAIOP), Real Estate Finance Association of the Greater Boston Real Estate Board, Commercial Real Estate Women Network (CREW), Massachusetts Conveyancers Association, the American, Massachusetts, and Boston Bar Associations, Massachusetts Continuing Legal Education, Inc., and numerous other professional, trade, civic, and charitable organizations.

View Practice Team

Representative Matters

Representative Matters

  • 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; the groundbreaking ceremony was held in February 2016. Work included air rights leasing, title, acquisition, zoning, and environmental matters as well as state and City of Boston entitlements, real estate tax stabilization, 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 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.

  • 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.

  • Wood Partners

    We represent Wood Partners, a national multi-family housing developer, in the permitting and development of many multi-family residential developments consisting of over 1,700 units in the Boston area.

  • 1265 Main Street, LLC

    We represent developer/owner 1265 Main Street on the redevelopment of the former Polaroid Office/RD Campus into a 1,280,000 sq. ft. mixed-use office and retail center, immediately adjacent to Route 128 in Waltham, Massachusetts.

  • Boston Properties

    We represent Boston Properties (BP) in BP’s redevelopment of the existing Hancock Garage and the redevelopment and refurbishment of the adjacent Back Bay Station located in the Back Bay neighborhood of Boston, MA known as the Back Bay/South End Gateway Project.  Both of these properties are owned by the Massachusetts Department of Transportation (MassDOT) and are the subject of a long term ground and air rights lease to BP.  Currently, in addition to substantial upgrades to the Back Bay Station, the project is planned to be a mix of office, residential and retail.  As planned, there will be one office tower, two residential towers, with retail and parking on lower floors.  The feasibility of permitting and constructing the project in and over active rail, light rail and interstate highway in a historic and dense area of Boston adds an interesting level of complexity.  In total, the project could have a combined 1.3million square feet of office, retail and residential space constructed.

  • The Brigham and Women's Hospital, Inc.

    We represented The Brigham and Women's Hospital, Inc. (BWH) in the completion of the zoning and land use permitting required to enable the redevelopment of a portion of the 2.61 acre former Massachusetts Mental Health Center (MMHC) site as a 383,250 square foot state-of-the-art research and clinical facility known as BWH's “Center for Transformative Medicine” (“CTM”), formerly known as the Brigham’s "Building for the Future".  Nutter assisted in the modification of the existing approvals for CTM for an additional story and increase in size of 24,580 square feet to be added mid-construction to assist BWH in responding to changing hospital needs. The construction of CTM has now been completed and is fully occupied.  We continue to assist the client in ongoing permit modifications and permit compliance issues related to this and other properties within the Longwood Medical Area.

  • Affiliate of Charles River Realty and National Development

    Represented an affiliate of Charles River Realty and National Development in connection with its acquisition of 960 Massachusetts Avenue and 100 Newmarket Square in Boston.

  • Connecticut General Life Insurance Company

    Represented Connecticut General Life Insurance Company, as lender, in connection with a $24 million acquisition loan secured by two connected 7-story office buildings in Chicago, Illinois.

  • Cordage Development Associates I, LLC

    Represented Cordage Development Associates I, LLC in obtaining site plan approval from the Town of Plymouth, Massachusetts for a phased development under M.G.L. c. 40R containing 303 residential units in four buildings and 10,000 square feet of retail space.

  • Corigin Real Estate Group

    Represented Corigin Real Estate Group, a New York-based real estate investment firm, in connection with a joint venture with Panoramic Interests and the financing of the development of a student housing project in Berkeley, California.

  • Private real estate fund

    Represented a private real estate fund in the formation of a “REIT feeder structure,” consisting of a domestically controlled private real estate investment trust that is a subsidiary of a newly-formed Delaware limited partnership. The structure, which is intended to accommodate investments by qualified purchasers (as defined in the Investment Company Act of 1940), was finalized in November 2017.

  • Janco Development

    We represent Janco Development, the owner and developer of a 75 acre waterfront mill complex. The master plan calls for the redevelopment of over 1.5 million square feet of mill buildings and new construction that will overlook Cape Cod Bay. The site will feature a marina with a deep water channel and a 400 foot solid filled pier, 675 residential condos and apartments, retail shops and office space. The site hosts the southernmost MBTA train on the South Shore offering rail to Boston and is one of the largest transit-oriented mixed-use developments in the region. The site was the first and largest smart-growth district under MGL c 40R.

  • Mark Development

    We represent an affiliate of Mark Development in its redevelopment of a city block in Newton, MA which will result in 4 and 5 story buildings with a total of 212,000 SF development containing a mix of residential, retail, restaurant and community space. This is a transit-oriented development located just .01 miles from a MBTA Commuter Rail Station. Approval for the project was obtained in June, 2017. Project required the locus to be rezoned and a special permit obtained to allow for density and height. Project required 14 hearings before the Newton City Council. The project approvals have been appealed by adjacent neighbors and we are leading the defense of the approvals.

  • Nutter Represents Cigna on Chicago Acquisition Financing

    Nutter represented Connecticut General Life Insurance Company, as lender, in connection with a $24,000,000 acquisition loan secured by two connected 7-story office buildings in the River North neighborhood of Chicago, Illinois. The buildings, containing approximately 121,600 square feet of office space, are located at 357-363 West Erie Street and are leased to multiple tenants.

  • Nutter Represents Client in Lakeway Commons Project

    Nutter's client, Grossman Development Group, along with its investment partner and lender, successfully completed the acquisition of the former Spags site along Route 9 in Shrewsbury, Massachusetts. The development team has commenced construction of a new mixed use project at the site, known as Lakeway Commons.

  • 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 the creation of multiple air rights parcels).   

  • Federal Realty Investment Trust (FRIT)

    We represent FRIT in the permitting of several new phases of the large, transit-oriented, mixed-use project called Assembly Row in Somerville, Mass., including negotiation of a creative approach with the Planning Board to meet the City’s new inclusionary affordable housing requirements through a combination of on-site units and cash payments over time to a community-based non-profit organization which purchases and preserves existing affordable housing in established neighborhoods near schools, shopping, and transit.

  • Boston Scientific Corporation

    Represented Boston Scientific Corporation as tenant in the negotiation of two separate long term leases for research and development, warehouse and office space in Santa Clarita, California.

  • Convention Data Services

    Represented Convention Data Services (CDS), a Cape Cod-based SaaS company that provides event solutions and support services to over 250 tradeshows worldwide, in the development of its new corporate headquarters.

  • 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.

  • 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.

  • 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.

  • Acquisition, development and environmental work for Oracle Corporation

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

  • Contractual and permitting work

    Contractual and permitting work for the Pearson Education/Addison Wesley campus in Reading, Massachusetts, including adoption of 40R zoning and sale of the campus.

  • Permitting and land use litigation

    Permitting and land use litigation of numerous projects for National Development of New England, including, most recently, the Bridges at Andover.

  • 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.

  • 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.

  • Represented the City of Quincy in the negotiation of a complex land disposition agreement for the proposed New Quincy Center redevelopment project

    Represented the City of Quincy in the negotiation of a complex land disposition agreement for the proposed New Quincy Center redevelopment project. This project involves a unique financing model for public infrastructure improvements.

  • 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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