The Development Counsel shall uphold and embody our client’s core values of Agility, Collaboration, Community, Candor, Growth, Relentlessness, and “Own It”, and shall utilize these Core Values as a valuable member of the firm.
Representation of the parent company as Development Counsel includes the following responsibilities to ensure timely and proper handling of all legal matters and the advancement of projects from inception to full disposition, while fully mitigating and/or eliminating all unnecessary legal risks to the Company and all clientele:
The Development Counsel’s core responsibilities shall be:
Essential risk assessment and management for the Company pertaining to all legal matters of real estate transactions and development projects, as well as basic construction lien matters.
Ultimate accountability for the quality of all work handled by the legal department, including the delegation of tasks to subordinates to ensure timely delivery of all work product from them.
Serve as the Licensed Title Agent of our client’s in-house title company, ensuring compliance with all aspects regarding the operation of a title insurance agency, while providing exemplary customer service for all parties involved in transactions handled by the title company
Training and supervision and periodic evaluations of subordinates to maintain exemplary performance of the legal department.
The Development Counsel’s overall scope of responsibilities shall include but not be limited to the following:
Ultimate accountability for quality control and proper execution in a timely manner of:
all land acquisition and disposition purchase and sale contracts, extensions, amendments, notices, terminations, title objections letters, easements, etc.
all land acquisition and disposition closing documents, the timely satisfaction of all title requirements, and the issuance of title policies.
Leases and lease-related action items/deliverables such as Leases, MOLs, LMAs, Exhibits, etc.
final Lease Due Diligence preparation, submission, and post-submission follow up with tenants to obtain their approval; and
all title-related matters, through direct engagement or delegation to the Development Team.
Tracking the timely ordering and review of title commitments, title requirements, and title exceptions, and the timely dissemination of all title-related issues to the development team.
Primary coordination with counsel for other parties, their lenders, qualified intermediaries, real estate agents/brokers, and title agents.
Review of all survey-related matters in consultation with the in-house surveyor and consultant surveyors and the presentation of all relevant findings to the development team, as applicable.
Resolution of all legal matters associated with regulatory agencies, utilities, and our surveyors regarding easements, ROW dedications, plats, as-built surveys, etc.
Coordination and representation in applying for and obtaining any required land use actions (re-zonings, annexations, special use permits, etc.) and managing outside counsel in these matters when necessary.
Overseeing the creation of legal documents required for project governance including but not limited to easements, restrictive covenants, declarations, property owners’ associations, and cost-sharing agreements.
Coordination with the development department to:
resolve boundary issues or other matters that arise during construction.
resolve anything construction-related that requires legal oversight, including permitting issues, neighbor complaints.
ensure full project closeout with both tenants and regulators to facilitate timely and efficient dispositions.
Coordination with the internal finance team and our lenders for funding of acquisitions, construction, and construction draws, including title updates, endorsements, etc.
Procurement of estoppels and SNDAs pursuant to our own financing of projects and for final disposition to our purchasers.
Primary representation regarding all preliminary and/or basic legal conflicts with the purchaser, sellers, neighbors, customers, tenants, etc., and coordination with outside counsel, as applicable.
About Poline Associates
Poline Associates is an international executive search firm specializing in the shopping center industry.We serve property owners, developers, retailers and service providers who are seeking remarkable talent and work to align them with candidates who are eager for new growth opportunities. Since 1979, our team has been connecting companies and candidates with a commitment to integrity and client satisfaction—making us the industry’s most trusted leader in recruitment.