Real Estate

• For the Rhode Island Economic Development Corporation (EDC), AP&S provided a full range services in the development of Rhode Island’s largest industrial park, located on a former Navy base.  In addition, we’ve worked with EDC on developing Rhode Island’s largest shopping mall, construction of campus-like office facilities for the financial services industry, development at the site of a former state mental-health institution, the rehabilitation of an historic structure in the Capital District and other highly significant Rhode Island projects.
• We represented a pharmaceutical industry giant in the continued development of a major biotech manufacturing facility.  We helped the owner secure significant support and incentives from state government, enhancing the overall project.
• AP&S attorneys served as legal counsel to the developer/owner of Rhode Island’s newest and largest energy facility.  We assisted in all phases of the legal and public process relating to the siting, construction and financing of the facility, located adjacent to the region’s largest landfill.  
•  In representing Rhode Island's premier kidney-dialysis group in its purchase of properties in Tiverton, Pawtucket and Providence, Rhode Island, AP&S attorneys addressed land acquisition, zoning approval, construction and permit review, and financing issues. In addition, the Tiverton facility required sophisticated sewer easements through numerous properties to service the facility, and the Pawtucket facility required the negotiation of a Brownfield agreement due to the site’s prior use.
• We represented the purchaser of substantial unimproved acreage and a private road system in Rhode Island in protracted negotiations. After the purchase, we represented that purchaser in the sale of improved portions of the property, the imposition of a conservation easement on the unimproved portion of the property, and the subsequent conveyance of that unimproved property and the private road system to a Fire District. As a result, substantial acreage will forever be maintained in a green status, and the community obtained substantial control over its road system. AP&S attorneys negotiated the sophisticated title insurance issues that were crucial to all aspects of the transactions.
• We represented an investor in numerous substantial hotel transactions throughout the eastern seaboard, structuring the appropriate entities to affect the purchases, addressing issues pertaining to financing the purchases, and negotiating and drafting the operating and management agreements.  A recent transaction involved a foreclosure sale and sophisticated planning of the bid presented at that sale.
• In representing a Rhode Island shopping center developer, we negotiated and drafted numerous leases and lease modifications to assist our client in reconfiguring the center. Due to our efforts, the client, who had purchased the shopping center from the prior owner's lender, could further develop the center and position it for sale. Crucial to the client's successful development was our ability to address the client's concerns within a very short time frame.
• We represented the developers of a high-end, private golf club in the South  County area of Rhode Island. AP&S attorneys determined the organization structure; helped assemble the land from numerous parties and arranged financing of those purchases; obtained local, state and federal permitting to address a multitude of concerns including wetlands, historic and environmental concerns; drafted and negotiated contracts with the numerous professionals and consultants necessary to develop such a facility; and developed the membership plan structure, the documents to effect that structure and the Blue Sky registration related to it.
• AP&S attorneys are representing a charitable conservation organization in coordinating a private dredging project of a salt water coastal pond.  The project encompasses two towns and requires permits from the State of Rhode Island and the United States Army Corps of Engineers to improve water quality and flow and preserve a barrier breach.
• We have represented various charitable conservation organizations in obtaining, through donation or purchase, conservation easements on properties to keep them in their natural state and preserve open space.
• We represent a national banking association in its internal real estate matters, including leasing facilities throughout the New England area and the Mid-West.
• AP&S Real Estate Group attorneys represented lenders in the Rhode Island element of a structured leasing of numerous gasoline stations and convenience stores throughout the East Coast.
• Our Real Estate Group is well known for our successful resolution of numerous appeals of excessive real estate tax valuations.
• We finalized development of a 200-year-old historic mill structure in North Smithfield, Rhode Island, for 220 residential units, involving federal and state historic tax credits and affordable housing units.
• AP&S Real Estate Group lawyers helped develop residential waterfront units in Providence, Rhode Island, involving approval from Coastal Resources Management Council under a new regulatory scheme for development of waterfront property in urban areas, known as the Urban Coastal Greenways Regulations.
• We successfully defended on appeal the development of a project that included dedication of a significant amount of conservation areas and creation of residential estate lots.
• We successfully defended a municipality in a federal district court action seeking $24 million for damages under a lease of property by the municipality.  The court held that plaintiff was not entitled to any type of consequential damages under the lease, and the plaintiff did not appeal the court’s ruling.
• We represented the seller of a parking garage in an Internal Revenue Code §1031 exchange for a retail facility.
• AP&S Real Estate Group attorneys negotiated the sale of air rights in Boston under the threat of eminent domain and subsequent Internal Revenue Code §1033 investment in yet unidentified properties. We also have extensive experience with a wide variety of IRC §1031 exchanges.