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Paul A. VanWagenen

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Paul VanWagenen has a broad transactional practice, with a focus on real estate transactions and development, renewable energy projects, financing, workouts and leasing.

Paul represents a number of developers on sustainable or "green" development projects and was the first attorney in South Carolina to earn the credential of LEED® (Leadership in Energy and Environmental Design) Accredited Professional from the Green Building Certification Institute. This accreditation is awarded to professionals demonstrating a thorough understanding of green building practices and principles and the LEED Rating System.

Representative Experience

Real Estate

  • Commercial and Residential Development – Advised developers on commercial and residential projects, including drafting homeowners association documents, declaration of covenants and restrictions and condominium master deeds.
  • Sustainable Development Projects – Advised developers of condominium, planned community and mixed-use developments seeking LEED and other third-party certifications.
  • Purchase Agreements – Drafted and negotiated purchase agreements and related documents on behalf of buyers and sellers for raw and developed real property, including apartment complexes and hospitals.
  • Condominium Projects – Advised developers in the formation of horizontal property regimes, including drafting master deeds and bylaws, and advising on property association operational issues.
  • Zoning and Entitlements – Advised land owners and developers on development agreements, zoning review and modifications, and entitlement matters.
  • Property Tax Sales – Advised lenders and developers on forfeiture and redemption of real property for unpaid property taxes, tax sales, tax deeds, and related title insurance issues.

Renewable Energy Projects

  • Solar, Wind – Advised developers on corporate, finance, real estate and regulatory issues; drafting ground lease and easement agreements; assist in site due diligence.

Financing

  • Distressed Loans – Advised lenders and borrowers in restructuring of distressed loans, including forbearance, modification and deed in lieu of foreclosure and other settlements.
  • CMBS Special Servicing – Advised CMBS special servicers in restructuring of distressed commercial real estate loans and disposition of REO.
  • Construction, Development, Permanent and Non-Recourse Lending – Drafted and negotiated finance and security documents.
  • Purchase and Sale of Distressed Loans.

Leasing 

  • Represented landlords and tenants on leases and subleases for office, retail, and industrial properties.
  • Build-to-Suit Leases – Advised numerous tenants on build to suit leases, work agreements and related documents, including representation of Blackbaud on new corporate headquarters on Daniel Island, S.C.

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Memberships

  • Charleston Green Committee, Member, Building Subcommittee
  • Charleston Trident Home Builders Association, Member
  • Urban Land Institute (ULI), Member