Development Services

Overview

Parker Poe’s Development Services Industry Team takes great pride in our history of helping clients structure, negotiate, and close commercial and residential real estate transactions. With more than 50 dedicated attorneys across the Carolinas, Georgia, and Washington, DC, our deep bench of experience helps us achieve desired results for our clients at any stage of the development life cycle. We represent residential, commercial and multi-use developers, owners, buyers, sellers, landlords, tenants, and lenders – we have seen every side of a deal.

With attorneys whose practices are focused on transactions as well as disputes and regulatory matters, for both buyers and sellers, we are ideally positioned to partner on a variety of development projects and assist with all related matters. We can advise on any single service below or help you navigate the entire life cycle of your real estate project.

Services

Real Property Assets

Parker Poe’s Development Services team helps any commercial or residential development project get started with the acquisition, assessment, and financing of a real property asset.

We have assisted clients in the acquisition of raw land to be developed for future residential multifamily complexes, single-family subdivisions, mixed-use developments, retail developments, hotels and resort properties, medical offices and facilities, build-to-suit manufacturing operations, distribution centers, renewable energy projects, student housing, and more. We have also helped clients acquire existing properties for redevelopment, including properties of all asset classes, distribution facilities, office and industrial parks, government-owned land, residential housing, and mixed-use developments.

Along with representing the interests of commercial and industrial developers in their acquisitions, we also have experience representing real estate investment trusts (REITs), institutional investors, pension funds, public and private companies, hospitals, and municipalities that are acting as developers in a project.

The acquisition and project finance services we provide include:

Land assemblages
Environmental assessments, including regulatory and compliance counseling
Letters of intent
Earnest money
Purchase and sale agreements
Nondisclosure agreements
Development agreements
Interim construction and permanent loans
Equity investment/financing

Feasibility & Entitlement

Every development project has a vision. Parker Poe’s Development Services Team measures success in our ability to see that vision through, protecting the project’s interest while maximizing value.

Our attorneys have significant depth in land use law to support the legal entitlement process, a stage considered by many as the most high-stakes and variable of the development life cycle. The entitlement process differs dramatically between various states and municipalities. By drawing on the resources, relationships, and experience of the firm’s Government & Municipalities Industry Team, our attorneys have insight and familiarity at the municipal level that help us navigate the different rules and regulations – as well as the preferences – of various review boards and decision-makers.

The entitlement services we provide include:

Zoning: conducting the process from application to securing approval before town councils, boards, and commissions
Existing entitlement review for acquisition and disposition
Zoning variances and special-use permits
Site plan, subdivision, and recombination advice
Establishing and vacating easements
Easement agreements
Encroachment agreements

Development Approvals

As an extension of the entitlement phase, our attorneys work alongside the entire development team – including the planners, architects, and engineers – to make sure the desired plan receives government approval. Our attorneys advise on securing the appropriate agreements, variances, restrictive covenants, encroachments, easements, and other approvals necessary to get the site plan approved so that building permits can be issued without delays. We also help to address any environmental concerns brought up by the review board.

In addition to the services offered in the entitlement phase, we provide:

Drafting and review of restrictive covenants, including commercial and residential declarations
Utility approvals
Transportation and transit approvals
Landscaping and appearance approvals
Annexation, infrastructure, and development agreements

Funding

Parker Poe attorneys have closed thousands of commercial real estate transactions over the years and bring perspective from all sides of the deal. Drawing on the resources, experience, and connections of our Financial Services Industry Team – which has worked with almost every major bank’s commercial lending teams in the Southeast – we know what to expect to ensure a smooth closing. We coordinate the transaction and navigate issues related to title, title insurance, inspections, deeds, liens, condemnations, property valuations, and more.

Construction

When it is time to begin construction on any development project, Parker Poe is equipped to coordinate all of the legal aspects of the build. Our top-ranked construction attorneys understand fully how the construction and development industries work. They have spent years building relationships and working on projects with some of the best design and construction teams in the Southeast.

More than any other phase in the development life cycle, we know the construction phase has the tightest margins and timelines. We draft, negotiate, and review contracts for design and construction with a goal to protect the future interests of the project. We handle every type of contract and agreement, including:

Design agreements
Construction agreements, including prime contracts, trade contracts, subcontracts, supplier agreements, and materials storage agreements
Finished product, barter and countertrade agreements

Our team places a major emphasis on providing preventative counseling and advice, with the goal of avoiding counterproductive, costly disputes and litigation on issues such as:

Payment and contractor claims
Scheduling and delays
Defective construction and warranty obligations
Design defects
Liens
Building codes and other regulations

If disputes do arise, the Development Services industry team includes highly skilled construction and real estate litigators that have represented clients in mediation, arbitration, and claims in federal and state courts in the Carolinas and Georgia. Our attorneys also regularly appear before government regulators regarding licensing and building code issues.

Asset Management

Once construction is complete and the property opens, we advise on any legal issues that arise from the continued ownership and operation of a real estate development. This includes ongoing regulatory compliance, tax planning strategies, refinancing, and drafting and negotiating leases (as discussed in our next phase below).

If the property owner has assigned a property management firm, Parker Poe attorneys work alongside that firm to support the services it provides, including preparation, negotiation, and review of leases, vendor agreements, property tax advice, and management contracts. Our Development Services industry team includes attorneys that are skilled in all areas of real estate litigation, including landlord/tenant disputes as well as creditors’ rights and bankruptcy.

Sale & Leasing

The commercial leasing team at Parker Poe has great depth, versatility, and experience in creating solutions to clients’ challenges. We work with owners of real estate developments and properties to understand their leasing standards, guidelines, and goals.

We have experience assisting clients in a variety of lease needs, including retail leases, subleases, ground leases, build-to-suit and retrofit-to-suit leases. Whether our clients are corporate property owners, private real estate investors, or developers that continue as owners, we have experience working with extensive real estate portfolios and support whoever is charged with the leasing function, including in-house counsel, real estate management teams, or property management firms. We handle the leasing from the letter of intent through lease negotiations, tenant improvements, guaranties, financing, and third-party approvals.

Parker Poe’s team is strong in document preparation and due diligence and pragmatic in lease negotiations. Our attorneys are deal-makers with keen business acumen who will work hard to negotiate advantageous leases for your development or property. Because our team has years of experience in representing landlords, tenants, and lenders, we understand the interests of all parties and are skilled negotiators in deals between invested parties.

When a developer or other property owner is ready to sell, we handle the legal aspects of the sale or disposition of a development or property in much the same way we did the acquisition. Now acting as seller’s counsel we deploy the same services and resources for our clients to help them recognize the full value of their real property assets.

Representative Experience

Vermillion Village
Huntersville, NC
Lead Attorneys: Tom Quirk, Quinn Warren, & Amanda Short

We are serving as real estate counsel on the transformation of a vacant property into a major mixed-use project that will help spur redevelopment in downtown Huntersville. The project will ultimately boast nearly 350 residential apartments and townhomes and 70,000 square feet of commercial space. The site spans 30 acres. Our work includes the acquisition of the property, negotiation of a joint venture agreement for the development of the commercial parcels, advising on Brownfields and other environmental matters, and the preparation of development agreements, easement agreements, townhome lot sale contracts, and commercial and residential use declarations. We advised the client on the sale of a 12-acre portion of the site to a multi-family developer. (See coverage in The Charlotte Business Journal.)

On the Trail
Greenville, SC
Lead Attorneys: Richard Few & Madison Felder

We advised the developer of a 240-acre mixed-use development in its tax incentive negotiations with local government officials. The developer plans to bring businesses, restaurants, retail, residential, and up to 10 miles of trails to what was once the site of a historic, early 1900s textile mill. The project, known as On the Trail, will be built out in phases and is expected to cost between $1.9 and $3.4 billion. The property will connect to the existing Swamp Rabbit Trail, the 22-mile multi-use greenway that runs along the Reedy River, an old railroad corridor, and City of Greenville parks. Richard Few and Madison Felder worked with the developer on negotiating incentives with Greenville County Council. Richard and Madison also advised the developer on securing income tax credits to help fund the project. (See coverage on Channel 7 (wspa.com).

Dixon Ridge
Kings Mountain, NC
Lead Attorneys: Matthew Carpenter & Jamie Schwedler

We are representing the developer and investor in a 384-acre mixed-use project in Kings Mountain, NC. Development plans include up to 5 million square feet of industrial, office, and residential uses to capitalize on growth generated by the planned Catawba Two Kings Casino at the intersection of Interstate 85 and Kings Mountain Boulevard. Plans include over 50 acres of open space, sport courts including pickleball and tennis, parks, and a newly developed greenway trail system that will connect to two city-owned lakes. Total project investment is expected to exceed $750 million when completed. This is an ongoing engagement but to date, firm attorneys have worked closely with city officials and staff to rezone the property and finalize a development agreement that provides economic development incentives and outlines a public/private partnership between the city and developer. (See coverage in The Charlotte Business Journal.)

Heritage Square Life Sciences Development
Durham, NC
Lead Attorneys: Jamie Schwedler & Marie Farmer

We represented the investors and developers during the acquisition and development stages of a 10-acre site located in the Hayti area of downtown Durham, North Carolina. The initial phase of the plan calls for a 13-story residential building and an 11-story purpose-built laboratory/life sciences space along with retail and restaurant space. Firm attorneys advised on all entitlements related to the project, including assisting on site plan and permitting issues. We played a significant role in the community outreach, helping our clients navigate the political, social, and cultural implications of this project and future development in this area. We assisted our clients in achieving their goal to submit a by-right site plan while honoring the community that has historically lived and worked in this area, including both their cultural heritage and impact on the region. (See coverage in The News & Observer here and here.)

River Mews
Clayton, NC
Lead Attorneys: Laura Goode & Camden Betz

We represented the developer of an approximately 277-acre master-planned residential community in the Town of Clayton, located about 25 minutes southeast of Raleigh. The project will add up to 825 residential units to Clayton, including a mix of single-family homes, townhomes, and apartments. It also allowed for the repurposing of an estate home along the Neuse River into Oxbow Estate, a luxury wedding and private event venue. Camden Betz and Laura Goode represented the developer in its acquisition of the property as well as related financing. Jamie Schwedler and Matthew Carpenter provided advice on entitlements for the project, which was approved in June. (See coverage in The Triangle Business Journal.)

Summerhill Bus Rapid Transit
Atlanta, GA
Lead Attorney: Angela Robinson

We are representing a public transportation authority in the expansion of its bus rapid transit service by creating a new 5-mile roundtrip route that connects downtown Atlanta to the Capitol Gateway, Summerhill, Peoplestown, and the Atlanta Beltline. This extension will also connect with and provide more access to MARTA’s heavy rail system. The project will provide for 14 new stations. Parker Poe attorneys assisted in the acquisition of the real estate interests needed to complete the project. (See full project coverage on itsmarta.com.)

Camp Hall Industrial Park
Berkeley County, SC
Lead Attorneys: Brent Milgrom & Tim Logan

We represented a Charlotte-based developer in the acquisition of Campus 8 in the Camp Hall Industrial Park located about 40 miles northwest of Charleston, SC. Our client will develop Campus 8 into 1.4 million square feet of industrial space. The campus is spread out across approximately 104 acres of the roughly 6,800-acre property. In addition to the land acquisition, we negotiated a joint venture on behalf of the developer and represented the resulting entity in an $86.5 million construction loan. Our work also included coordinating development issues with the South Carolina Public Service Authority. (See coverage in The Charleston Regional Business Journal.)

Downtown Municipal Campus
Wilmington, NC
Lead Attorneys: Camden Betz, Natalie Gordon, & Rebecca Joyner

We represented a North Carolina municipality in the $68 million acquisition of a 12.5-acre office campus that includes a 1,022-space parking deck, a 12-story, 370,000-square-foot office building, and two adjoining development parcels. Real estate and development attorneys advised on the land acquisition for the project as well as negotiating the leaseback of a portion of the office building by the city to the prior owner. We also assisted with the public finance side of the deal, advising the client on the applicable financing aspects of the project. (See coverage in The Wilmington Business Journal.)

State of North Carolina Agency Headquarters
Raleigh, NC
Lead Attorneys: Jamie Schwedler & Mark Frederick

We are representing the state of North Carolina in a mixed-use development to create a new headquarters for the Department of Health and Human Services. Parker Poe assisted in securing approval of the rezoning for the new campus. The zoning allows for commercial mixed use up to 12 stories on a 34-acre parcel of land on Blue Ridge Road. The new facility will consolidate more than 2,500 DHHS employees from multiple locations, including the current headquarters in Dorothea Dix Park, and will allow for a mix of retail and services to transform the Blue Ridge corridor. The site plan calls for preservation of an existing stream, two 440,000-square-foot towers and associated parking decks, a central energy plant, and a future development pad on state-owned land, where the state intends to pursue a mixed-use project as part of a public-private partnership (P3). With the relocation of DHHS employees, this zoning approval also clears the way for the City of Raleigh to embark on Dix Park, a highly anticipated Central Park-like amenity between downtown Raleigh and NC State’s Centennial campus. (See coverage in The Triangle Business Journal.)

Seaboard Redevelopment
Raleigh, NC
Lead Attorneys: Jamie Schwedler, Camden Betz, Matthew Carpenter, & Laura Goode

We represented the developer in the land acquisition and following entitlement of a 20-story mixed-use project in the historic Seaboard Station area of downtown Raleigh. The project will add up to approximately 680 residential units, 26,000 square feet of amenities, and 11,800 square feet of retail space in downtown Raleigh while incorporating a culturally significant portion of the Seaboard Railroad Station building. Camden Betz advised in the earlier phases of the project including the acquisition, sale and leaseback and seller financing. The firm’s land use attorneys secured approval for the rezoning in a case that involved intensive stakeholder engagement and collaboration with historic preservation advocates on rezoning conditions. The conditions commit to preserving or relocating a culturally significant portion of the Seaboard Railroad Station building, which otherwise had no formal historic designation or protection. Our attorneys continue to advise the developer through the site plan process and ongoing development transactions. (See coverage in the Triangle Business Journal.)

The Yield Holly Springs and The Yield Holly Springs North
Holly Springs, NC
Lead Attorneys: Brent Milgrom, Tim Logan, Jamie Schwedler, & Matthew Carpenter

We represented the developer of a 150-acre life sciences campus in Holly Springs. The campus is located close to the North American campus of a major life sciences company and in close proximity to Research Triangle Park, which boasts a thriving biotechnology cluster. The development features a 10+ building campus dedicated to life sciences and manufacturing with up to 2 million square feet of lab, office, and manufacturing space. Parker Poe advised on the rezoning process and development agreement negotiations with the town, as well as land assemblage, acquisition, and closing of the real estate transaction.

We are representing this same developer on its investment in and development of an additional 80-acre life sciences campus, in close proximity to the one above, that will host 1.3 million square feet of biomanufacturing, lab, and office space and support the continued growth of life sciences companies in the Triangle region. Parker Poe also assisted with the rezoning, development agreement, and closing of the transaction. (See coverage in WRAL Techwire and the Triangle Business Journal.)

Wendell Commerce Center
Wendell, NC
Lead Attorneys: Russell Killen, & Matthew Carpenter

We represented the developer of an industrial mixed-use project in Wendell, just outside of Raleigh. We secured zoning and special use permits for the proposed project, which sits on 257 acres off of I-87 and will include just under 2 million square feet of industrial flex space, retail space, and up to 650 multifamily units. The project is one of the largest non-residential projects to be developed in this community and will help the town reach its desired non-residential tax base. Parker Poe attorneys continue to advise the developer through the approval process and in negotiating a development agreement with the town. (See coverage in the Triangle Business Journal.)

Centennial Campus
Raleigh, NC
Lead Attorneys: Jamie Schwedler & Mark Frederick

We are advising North Carolina State University on a large-scale project that includes modernizing the zoning of Centennial Campus to create a more user-friendly framework for future development. The rezoning to a Campus Master Plan district includes more than 900 acres of land in southwest Raleigh, including some parcels owned by the State of North Carolina and allocated for use by the university. The project will support existing university operations and create future opportunities for innovative development. The zoning application establishes a framework for an urban learn/live/work/play environment that aligns with NC State’s mission focused on teaching, research, and statewide outreach. (See coverage in WRAL TechWire and the Triangle Business Journal.)

FUSE District Redevelopment
Gastonia, NC
Lead Attorney: Laura Goode

We represented the City of Gastonia in a redevelopment project in the FUSE district of downtown. The project was structured as a public-private partnership (P3) with three individual parties. The redevelopment involved underutilized parcels that had previously held a factory, warehouses, and mills. As part of the plan, the city had acquired multiple properties in this district, one of which is now the FUSE minor league ballpark, currently under construction. Our advice included negotiating the economic development agreement with the developer/team owner to develop the parcels surrounding the ballpark, as well as the use and operating agreement for the ballpark and team office space lease agreements. As part of the economic development agreement, the city will convey city-owned parcels to the developer/team owner for other development. We advised on all the legal aspects of the project. (See coverage in the Charlotte Business Journal and Business North Carolina.)

The Creamery
Raleigh, NC
Lead Attorneys: Jamie Schwedler & Collier Marsh

We represented the developer in securing approvals for the redevelopment of a historic building site on the Glenwood South corridor of downtown Raleigh. The Pine State Creamery was first built as a dairy plant around 1920 and was later designated a Raleigh Landmark. Plans for this revitalization project include preservation of the historic building and development of existing surface parking into two 20- and 40-story mixed-use towers, separated from the Creamery building by a pedestrian plaza and woonerf, a Dutch concept that reimagines a street as a social space. Our involvement included handling the rezoning process, coordinating the certificate of appropriateness process for historic entitlement approvals, and acting as local counsel for related real estate transactional matters. (See coverage in the Triangle Business Journal.)

Charlotte Metro Tower
Charlotte, NC
Lead Attorneys: Jimmy Greene, Chuck Lee & Tom Quirk

We represented Childress Klein in its joint venture to acquire the Charlotte Metro Tower for up to $675 million. The 40-story office tower will include approximately 1 million square feet of office and retail space, LEED Gold certification, and a parking garage with 1,100 spaces. The Charlotte Business Journal called the project the “largest single real estate transaction ever made in Charlotte.” (See coverage in the Charlotte Business Journal and Southeast Real Estate Business.)

Kannapolis Downtown Redevelopment
Kannapolis, NC
Lead Attorneys: Anthony Fox & Scott Leo

We represented the City of Kannapolis in a major redevelopment of its downtown district, including the addition of a minor league baseball stadium and pending mixed-use properties. Parker Poe attorneys assisted in structuring the public-private partnership (P3); drafting the original MOU, master development agreement, and parking garage agreement; as well as advising on ordinance revisions and appropriate statutory authorities related to public bidding laws. The firm assisted with the disposition of publicly owned buildings and facilities to accommodate the redevelopment and provided environmental regulatory advice related to the brownfields process. Parker Poe’s bond attorneys advised on the $52 million bond financing for the stadium project. (See coverage in Ballpark Digest and on WBTV.)

GoTriangle Tower
Raleigh, NC
Lead Attorneys: Russell Killen, Jamie Schwedler & Collier Marsh

We represented GoTriangle, a regional transportation authority, as the developer of a 40-story mixed-use tower on top of a multimodal transportation facility. This project incorporates one of the first affordable housing conditional zoning cases in the City of Raleigh. Parker Poe successfully secured approval for rezoning from the city, as well as advised on all other legal aspects of the development and other due diligence and approvals. Our Development Services Team has assisted in helping to keep this project moving under tight deadlines, as it is partially funded by a federal grant that stipulates completion times. (See coverage in the Triangle Business Journal and at GoTriangle.org.)

Novel Stonewall Station
Charlotte, NC
Lead Attorney: Alan Dexter

We served as real estate counsel for Novel Stonewall Station by Crescent Communities, Uptown Charlotte’s premier mixed-use, transit-oriented development. Commercial condominium regimes separate vertical project elements on 5.3 acres: 459 upscale apartments in mid- and high-rise buildings above anchor Whole Foods Market and related retail, and two 181-room hotels above restaurants and complementary retail. Reciprocal easements govern internal roads, shared utility corridors, and parking in a 10-level, 1,350-space deck. Connection agreements with the city provide elevated platform access to Charlotte’s Blue Line light rail system. (See coverage in the Charlotte Business Journal and The Charlotte Observer.)

Fenton
Cary, NC
Lead Attorneys: Russell Killen & Jamie Schwedler

We are representing Columbia Development on a 95-acre parcel project owned by the State Property Office in Cary. This site will house 1 million square feet of office space, 820 residential units, plus retail and a hotel. For this project, we advised on all municipal rezoning work, including negotiating provisions for a new zoning overlay district and collaborating with town council and adjacent property owners. We also represented the developer in securing an approved development agreement with the Town of Cary, negotiating economic incentive packages (including advice on local taxes and contracts), and advising on trademarks, public relations, and branding. (See coverage in The News & Observer and Multihousing Pro.)