Description:

Who You Are:
The Senior Counsel, Real Estate is a member of the Legal team and reports to the Associate General Counsel, Real Estate. This attorney supports the company's real estate and development activities and operations, including acquisitions and dispositions, leasing, zoning and land use, real estate finance, tax and development incentives, and economic development arrangements with state and local governments, economic development authorities and community stakeholders. The role provides direct support to the acquisition and development team and business units, and helps maintain compliance with relevant documents, as needed.

This role is intended for an attorney with significant, hands-on experience in two core areas: (a) drafting and negotiating economic development documents, including community benefit agreements and development agreements; and (b) drafting and negotiating real estate development documents, including transaction documents, easements and access agreements, together with the related title and survey review and assessment.

What you will do:

Economic Development Matters

Lead the drafting and negotiation of community benefit agreements, community engagement and host community agreements, development agreements, economic development and incentive agreements, memoranda of understanding, performance and clawback agreements, and similar documents with municipalities, counties, economic development authorities, utilities and community groups.
Advise on zoning, entitlements, land use, permitting, tax abatements, property and sales tax incentives, grants, tax increment financing, special service areas, payment-in-lieu-of-taxes arrangements, infrastructure commitments and other development incentive matters in coordination with outside counsel and the economic development and real estate investments teams.
Advise the business on public-private deal structures, public approval processes, community engagement and investment commitments and related risk allocation.
Coordinate with development, tax, government affairs and real estate investment teams, and manage outside counsel and local special counsel on incentive and public-approval matters.
Help build and formalize the company's approach to community benefit and community engagement agreements, including internal review, approval and tracking processes.

Real Estate Development and Transactions

Lead the drafting and negotiation of real estate purchase and sale agreements, options, ground and other non-customer leases, and related transaction documents for acquisitions and development of data center campuses.
Draft and negotiate easements, access agreements, licenses, utility and infrastructure agreements, restrictive covenants, reciprocal easement and similar agreements.
Review and assess title commitments, title exceptions, surveys (including ALTA/NSPS surveys), zoning and land use reports, and related due diligence; negotiate title endorsements and resolve objections with title companies, surveyors and counterparties.
Manage multiple concurrent deals and deal flow from diligence through closing, working closely with internal development and due diligence teams and managing outside counsel, counterparties, insurers and other third parties.

Other Legal and Business Matters

As company needs require, handle non-real estate legal and general business matters, including commercial contracts.
Provide sound legal and business judgment on matters including loans, equity raises, joint ventures, acquisitions, construction, reporting and compliance, and tax abatement-related disputes.
Develop and maintain templates, playbooks and processes that improve efficiency and consistency across real estate and incentive transactions.
Other duties may be assigned.

What You Will Need to be Successful:

Juris Doctor from an accredited law school and active bar membership in good standing (in-house counsel registration where applicable).
A minimum of 5 years practicing law, with a substantial portion in real estate development and economic development transactions, at a law firm, in-house, or both.
Demonstrated experience drafting and negotiating community benefit agreements, development agreements, incentive agreements and similar economic development documents whether representing developers, public bodies or both.
Demonstrated experience drafting and negotiating real estate development documents, including purchase and sale agreements, leases, easements, access agreements and related transaction documents.
Substantial experience reviewing and assessing title commitments, exceptions and surveys, and resolving title and survey issues to protect the client's development objectives.
Working knowledge of zoning, land use, entitlement and real estate finance concepts.
Proven ability to manage multiple complex matters simultaneously and meet tight deal timelines.
Excellent drafting, negotiation, analytical and communication skills, with the judgment to translate legal risk into practical business advice.

Nice to Have:

Experience with large-scale, infrastructure-intensive or mission-critical development projects, such as data centers, energy or industrial facilities.
Experience with tax abatements and incentives, public financing tools, public approval processes and government and community stakeholder engagement.
Experience with real estate finance, joint ventures and construction-related agreements.
Experience working in a multi-jurisdictional practice and managing outside counsel and budgets.

Knowledge, Skills and Abilities:

Deal leadership: drives transactions from term sheet to closing with minimal supervision.
Negotiation: balances business objectives and risk with public and community stakeholders and counterparties.
Attention to detail: catches issues in title, survey and complex agreement language.
Collaboration: works effectively with development, economic development, community engagement, finance, tax, government affairs and operations teams.
Business judgment, adaptability and a strong sense of ownership.

In accordance with applicable law, the following represents a reasonable estimate of the range of possible compensation for this role if hired in Virginia. Please note that this information is provided for those hired in Virginia only, and this role is open to candidates outside of Virginia with compensation that aligns with your location. The successful candidate's starting salary will be determined based on permissible, non-discriminatory factors such as skills, experience, and geographic location.

The estimated pay range for this role, if based in Virginia, is:
$169,064.03 - 258,543.99