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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.

We have 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

  • 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). 

  • 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.

  • 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, and hotel financing.

  • Hebrew Senior Life (HSL) NewBridge on the Charles, Dedham, Massachusetts

    Drafting new zoning for overlay district, defending the new zoning against judicial challenge, and securing approvals from the local planning board, conservation commission, county commission, water district and environmental impact statement reviews for HSL’s 160 acre intergenerational campus in Dedham, Massachusetts with over 1,000,000 square feet of space.

  • 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.

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

    Represented Congregation Mishkan Tefila (CMT) in two related 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.

  • 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.

  • 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.

  • Shawmut Corporation

    Nutter represented Shawmut Corporation, a developer of high-performance composites, in its joint venture with the automotive headliner and specialty industrial fabrics business of Glen Raven Technical Fabrics LLC, a global provider of innovative technical fabric solutions.

  • Hometown Financial Group Inc.

    Nutter is representing Hometown Financial Group, Inc., the bank holding company of bankESB (Easthampton, MA) and bankHometown (Oxford, MA), in connection with its pending acquisition of Pilgrim Bancshares, Inc., a Maryland corporation and the bank holding company of Pilgrim Bank, a Massachusetts-chartered co-operative bank headquartered in Cohasset, MA.

  • 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.

  • MNB Bancorp

    Nutter is representing MNB Bancorp, the parent company of The Milford National Bank and Trust Company, in its proposed merger with Independent Bank Corp. (NASDAQ Global Select Market: INDB). Independent is the parent company of Rockland Trust Company. The total value of the transaction is approximately $54.2 million.

  • 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 (formerly Polariod site in Waltham)

    We represent developer/owner 1265 Main Street, LLC 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 train 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 1.3 million 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.

  • 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.

  • 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.

  • 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.

  • The First Church of Christ, Scientist

    We represent 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.

    Nutter represented CIRCOR International, Inc. (NYSE: CIR), a leading provider of valves and other highly engineered products for markets including oil & gas, power generation and aerospace & defense, when CIRCOR announced that it has signed a definitive agreement to acquire Critical Flow Solutions (CFS) for $210 million. 

  • Bank of New Hampshire

    Nutter advised Bank of New Hampshire and its parent BNH Financial, a mutual holding company, in their pending acquisition of Community Guaranty Corporation and its wholly-owned subsidiary Community Guaranty Savings Bank, a New Hampshire guaranty savings bank. After the merger, the combined entity will have approximately $1.4 billion in assets and 23 branch offices through New Hampshire.

  • 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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