Director, Real Estate Counsel

Overall Job Summary

This position provides legal, business and strategic support and advice to the company on real estate and business matters, including leasing, real property acquisition and disposition, lease administration, lease term renewals, facilities management, construction, land use, governmental restraints and requirements, and special projects and initiatives.

Essential Duties and Responsibilities (Min 5%)

• Draft, review, modify and negotiate letters of intent; build-to-suit and retrofit leases; sublease agreements; lease and sublease amendments; guaranty agreements; license agreements; subordination agreements; easements; declarations and restrictions; operation and maintenance agreements; purchase and sale contracts; estoppels; design, construction and design-build agreements; PILOT and other incentive agreements and other documents with national and regional developers and landlords as required to implement, execute and manage the company’s national real estate strategy for store expansion and for the management and administration of the company’s real estate portfolio.

• Review and assess legal and business effects and risks through review and analysis of title documents, surveys, environmental reports and zoning letters and proposing and implementing solutions for acceptable risks. Coordinate lease, acquisition, disposition and other real estate transactions, including (a) advising management with respect to the risks of a transaction; (b) identifying and analyzing the relevant issues; (c) engaging and coordinating business representatives; (d) negotiating consensus; and (e) drafting appropriate documentation.

• Provide legal and business advice and recommendations to management regarding a variety of legal issues including property acquisition, lease administration and enforcement issues, recoveries, breach of contract, tenant rights, construction and development matters, zoning, condemnation, bankruptcy, and litigation management.

• Manage and advise outside counsel on various matters in their representation of the company and engage outside counsel for advice and counsel regarding environmental, ADA, litigation and other matters, including review, coordination and implementation of litigation budgets, document filings, gathering of due diligence, informing counsel regarding company history and culture, strategic review and management, coordination of discovery responses, witness identification and preparation, and informing senior management of litigation status.

• Plan, coordinate and execute new initiatives and identify and participate in developing real estate and legal strategies, policies, procedures, processes and initiatives, such as obtaining consents and approvals for special projects and initiatives, participating in the management of company operating expense programs, drafting and revising form contracts, managing and coordinating outside consultants and responding to changes in market conditions and governmental requirements.

Required Qualifications

Experience: 10 years of legal experience, including 7 years of experience in real estate practice.

Education and Professional Certification: Juris Doctorate. Admission to practice and good standing status in the state of Tennessee or admission to practice and good standing to practice in any state with application to TN Board of Law Examiners under Rule 7.

Preferred knowledge, skills or abilities

• Ability to establish priorities to keep multiple projects on track and completed within deadlines.

• Ability to identify and propose solutions to legal issues affecting the company.

• Skilled at negotiation.

• Both generalist and specialist approach to work (including attention to detail).

• Strong communication skills, including legal drafting.

• Knowledge of real estate documents (e.g. deeds, ground leases, utility contracts, etc.)

• Proficiency using Microsoft Office, particularly Word, Excel and Teams.

#LI-DNI

Working Conditions

• Normal office working conditions

• Occasional travel required

Physical Requirements

• Sitting

• Standing (not walking)

• Walking

• Lifting up to 10 pounds

Disclaimer

This job description represents an overview of the responsibilities for the above referenced position. It is not intended to represent a comprehensive list of responsibilities. A team member should perform all duties as assigned by his/ her supervisor.

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