Real Estate

The attorneys in Maynard’s Real Estate Practice Group have extensive experience in, and regularly represent clients regarding, virtually every aspect of real estate and real estate development. The Real Estate Practice has garnered the prestigious Band 1 ranking by Chambers USA: America's Leading Lawyers for Business. Our attorneys are involved in the Real Property, Probate, and Trust Section of the American and Alabama Bar Associations and the American College of Mortgage Attorneys, and they regularly speak at industry conferences and education seminars on current trends and issues facing the real estate industry. Maynard’s Real Estate Practice includes representation of clients in the following types of transactions:

Acquisition and Development of Commercial and Residential Properties

Maynard represents purchasers, sellers, and developers in all phases of the acquisition, development, and sale of commercial and residential properties. We are regularly involved in the site selection, acquisition, development, and disposition of commercial real estate, including office buildings, malls and retail centers, industrial parks and property, industrial manufacturing sites, hotels and resort property (including golf course resorts), hospitals and medical office buildings, warehouses and mini-warehouses, as well as undeveloped real estate and timberland. We assist clients in the acquisition, development, and disposition of residential properties, including single-family, multi-family, mixed and planned use developments, condominiums, apartments, and golf course communities. Our representation begins in the initial steps of planning, zoning, subdivision and annexation and continues through the completion of the project. Our representation includes drafting restrictive covenants for commercial and residential developments, creation of owners’ associations and master associations, drafting of sales documents and disclosures, and addressing other development issues. Representative commercial and residential transactions by our lawyers include:

• Represented the developer in the development of an 800,000 square foot power center plus outparcels involving (i) assemblage of real estate, (ii) simultaneous sale to Target, (iii) almost simultaneous sale to Home Depot, and (iv) municipal participation where the city agreed to pay for infrastructure and improvements to existing infrastructure under a construction management agreement with the developer
• Represented the developer in the development of a phased lifestyle shopping center development (with outparcels) involving (i) assemblage of real estate, (ii) simultaneous sale to Kroger, and (iii) simultaneous sale to Centex Homes
• Represented the developer in the redevelopment of the site of the South's first indoor shopping center into a 50-acre, 350,000 square foot shopping center, plus outparcels, involving (i) the assemblage of real estate; (ii) the relocation of various retail occupants; (iii) a simultaneous sale to Wal-Mart, (iv) a joint development agreement with Wal-Mart; and (v) a municipal participation where the city agreed to provide incentives pursuant to a redevelopment agreement with the developer
• Represented developer in the acquisition, assemblage, condemnation, rezoning, sale, and development of a 400-acre mixed-use development in Alabaster, Alabama
• Represented the developer in its assemblage, acquisition, development, and financing of a yacht club and marina in Key West, Florida with a projected cost of approximately $200,000,000 and including mega-yacht and large yacht slips, dry docks, boat engine repair and other marina support facilities, a hotel and boardwalk retail
• Regularly represent the owner/developer in the acquisition, disposition, management, and finance of approximately 7500 apartment units in the Southeastern United States
• Closed in excess of $1.8 billion of multi-family property loans with Fannie Mae and Freddie Mac through Collateral Real Estate Capital, LLC over the past 3 years
• Represented the developer in the development of an eighteen-hole golf course resort and residential planned unit development on the Alabama Gulf Coast
• Represented the developer in connection with a hotel convention center complex in a major Alabama municipality, including negotiations with the municipality in connection with project development and management issues
• Represented the owner of a golf course development in connection with various real estate development and title issues
• Represented the developer in the acquisition, development, financing, equity structuring, leasing and property management of a 170,000 square foot medical office building, conference center and rehabilitation facility in Pensacola, Florida
• Represented the developer in the development, financing, leasing, and management of an 80,000 square foot catheterization lab and medical office building, 103,000 square foot medical outpatient facility and medical office building and 500 car parking garage in Savannah, Georgia
• Represented the developer in the acquisition, development, construction, financing, leasing, and management of a 100,000 square foot professional office building located in Alabaster, Alabama
• Represented the developer in the development, financing, and construction of 75,000 square foot diagnostic center in Alabaster, Alabama
• Represented the developer in the acquisition, development, financing, and leasing of a 75,000 square foot medical office building and diagnostics center in Crestview, Florida
• Represented the developer in the acquisition, annexation, zoning, development, and subdivision of golf course community in Vestavia Hills, Alabama

Land Use

Maynard regularly represents clients in land use and zoning matters, including challenges to land use and zoning regulations, compliance issues, changes to land use and zoning regulations and the creation of development controls through restrictive covenants, and similar instruments. We combine transactional and litigation experience to handle hearings before governmental and administrative entities, and we handle cases involving zoning, annexation, condemnation, inverse condemnation, title disputes, mineral and mining disputes, and other real property and land use matters. Our attorneys have developed and leveraged relationships with all levels of government entities to assist our clients in these areas. Clients in this area include owners, purchasers and sellers of commercial developments, residential subdivisions, mixed use developments, medical office buildings, hospital campuses, timber and mineral land, condominiums and other major real estate developments. Representative land use matters handled by our lawyers include:

• Represented mineral owner in challenge of annexation and rezoning of property containing mineral reserves by the owner/developer of the surface estate
• Represented owner of limestone quarry and worked with municipality to obtain an Attorney General’s opinion regarding annexation of mineral reserves without the consent of the mineral owner
• Represented landfill owner in annexation and rezoning of property, worked with municipality in amending zoning regulations to allow landfill operations and successfully defended lawsuits challenging amendment to zoning regulations and permitting of landfill
• Represented quarry owner in the relocation of an on-site cemetery
• Represented owner/developer in development of a mixed use commercial development composed of anchored retail, hospitality, entertainment, municipal/civic and public park components, including acquisition and financing of project, land use and regulatory approvals and preparation of restrictive covenants
• Represented owner/developer in the acquisition and development of a grocery anchored retail development, including in-line retail space and outparcels. Work included land acquisition, construction and permanent financing, due diligence, land use and regulatory approvals and preparation of restrictive covenants

Mining

We have significant experience in representing producers of limestone, construction aggregates, cement aggregates, and coal. Our services have included legal matters relating to mining, mineral rights, environmental and mine permitting, mining and mineral leases, mine and plant site development, subsidence, real estate title matters, zoning and land use, construction, labor and employment, compensation and benefits, mergers and acquisitions, corporate governance, securities law compliance, debt financing, and tax matters. Representative mining matters handled by our lawyers include:

• Represented Walter Energy in its acquisition of the North River underground coal mine from Chevron Mining, Inc. and leasing of approximately 75 million tons of recoverable coal from Chevron USA, Inc.
• Represented purchaser of cement grade limestone quarries, cement plants, significant limestone reserves, and ready mix operations
• Represented seller of aggregates quarries to Vulcan Materials Company
• Represented coal mine owner in subsidence litigation and acquisition and sale of surface property impacted by subsidence
• Represented quarry owner in nuisance litigation by and buy out of residential subdivision

Leasing

Maynard represents developers, landlords, tenants, and leasing agents in the leasing of commercial properties, including office buildings, malls, and retail centers, industrial property, medical office buildings, warehouses and mini-warehouses, timberland, mining and mineral interests. Our representation includes the negotiation, enforcement, and termination of leases, as well as the institution and defense of unlawful detainer, ejectment, and collections actions for landlords and tenants. Recent representative leasing transactions by our lawyers include:

• Represented a retailer in the leasing of retail video rental facilities throughout the United States
• Negotiated leases and sales involving anchor retailers (e.g., Target, SuperTarget, Home Depot, Wal-Mart); department stores (e.g., Dillard's, Saks Fifth Avenue, Parisian); grocery stores (e.g., Bi-Lo, Bruno's, Fresh Market, Kroger, Publix, Whole Foods, Albi); book stores (e.g., Barnes & Noble, Books-A-Million, Borders); movie theaters (e.g., Carmike, Muvico) and clothiers (e.g., Old Navy, Gap, Factory Connection, High Country/Urban Outpost)
• Negotiated leases and sales involving restaurants, such as O'Charley's, Burger King, Stoney River, Chik-fil-A, Longhorn Steakhouse, P.F. Chang's, California Pizza Kitchen, Jim 'N Nick's Barbecue, Carraba's, Zaxby's, Fleming's, Cheesecake Factory, Max & Erma's, Panera Bread, Qdoba, Satterfield's and Doc Greens
• Other leasing and sales experience involving retailers such as Bed Bath & Beyond, Best Buy, Dollar Tree, Hobby Lobby, American Family Care, Regions Bank and Wachovia Corporation
• Represented the tenant in the leasing and development of several restaurant sites in Birmingham, Alabama, Destin, Florida and Louisville, Kentucky
• Represented the owner in the leasing of a retail outlet center in Bessemer, Alabama
• Represented the owner in the acquisition and lease-up of a retail center in Russellville, Alabama
• Represented the developer in the development and leasing of the state's tallest office building
• Represented the developer in the acquisition, development, financing, equity structuring, leasing and property management of a 170,000 square foot medical office building, conference center and rehabilitation facility in Pensacola, Florida
• Regularly represent a retailer in the leasing of space in various shopping centers located throughout the United States
• Represented the property management agent in connection with leasing of space in two medical office buildings (180,000 square feet and 125,000 square feet) located in Birmingham, Alabama
• Represented the property management and leasing agent in connection with management and leasing of a 10,000 square foot medical office building located in Sylacauga, Alabama

Real Estate Financing

Our attorneys have extensive experience in the representation of both borrowers and lenders in commercial and real estate lending transactions. As a result of our regular representation of several local and national lenders, our attorneys are uniquely qualified in assisting our real estate clients in structuring their real estate financings and fulfilling lender requirements on a timely and cost-effective basis. We regularly negotiate construction loans, real estate loans, lines of credit, and other financing transactions on behalf of our real estate clients. In addition, we routinely act as local counsel to out-of-state developers and other clients in connection with their Alabama real estate financing issues. Representative real estate financing transactions include:

• Regularly represent owner of multi-family properties in connection with acquisition financings and non-recourse refinancing
• Regularly represent the developer in the financing and construction of various medical office buildings
• Regularly represent the developer in the acquisition, construction, and financing of various professional office buildings
• Represented the owner in refinancing of a retail outlet center
• Regularly represent borrowers in the financing and refinancing of multi-family properties throughout the United States

Real Estate Related Tax Planning and Other Incentives

Maynard represents purchasers, sellers, and owners of real estate in various aspects of real estate related tax planning, including like-kind exchanges (deferred, multi-party and all other types of tax-free exchanges), tax credit transactions, and economic development and incentive packages. Representative real estate tax planning matters include:

• Represented owner in series of like-kind exchanges of investment real estate
• Represented the developer in the identification of project sites for manufacturing concerns and the negotiation of economic development incentives
• Represented owners in procuring valuable incentive and financing packages from the state and local governments
• Represented owners in various challenges of tax assessments on commercial and residential real estate
• Represented the owners of ad valorem tax certificates, including counsel on redemption issues
• Regularly represent the developer of synfuel facilities
• Represented various owners and governmental entities in economic development projects and industrial development projects

Timber Law

Maynard's Lending and Real Estate Practice Group regularly represents sellers, purchasers, institutional lenders, landlords, and tenants in connection with timberland transactions. Our attorneys routinely advise clients in connection with negotiating timberland purchase and sale agreements, loan agreements, and related documentation. Attorneys from our Environmental Practice Group are typically involved when there are environmental issues, including complex environmental endangered species issues facing timberland owners, among others.

Other Real Estate Related Services

Maynard is a full service law firm with the capability of providing all of the legal services related to our clients’ real estate needs. These, among other services, include:

• Environmental Compliance, Permitting, and Planning
• General Litigation, including Construction Litigation
• Condemnation and Inverse Condemnation Matters
• Title Insurance Claims and Defense
• Bankruptcies, Foreclosures, and Workouts
• Tax-Exempt and Taxable Bond Financing; Public Finance
• Corporate and Entity Planning, Formation, Qualification
• Licensing of Contractors and Subcontractors