Paul VanWagenen

Paul VanWagenen has a broad transactional practice and greatly enjoys working with clients through all facets of developing their projects from site concept through closing and operations. He is experienced in title review, due diligence, and negotiation of purchase agreements and other site control documents. Mr. VanWagenen represents borrowers and lenders on a range of commercial financings. For many years, he has worked with developers, investors, and lenders to develop sustainable energy projects, including due diligence, ground leases, project documents, and financing.

Representative Experience

Real Estate

• Advising Blackbaud, Inc. on acquisition and development of corporate headquarters on Daniel Island, S.C.
• 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.
• 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.
• 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.

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.

Renewable Energy Projects

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

Financing

• Commercial Lender: Advise lenders on commercial loans, including drafting of loan documents, review of borrower and project due diligence, and closing of loans.
• Distressed Loans: Advised lenders and borrowers in restructuring of distressed loans, including forbearance, modification and deed in lieu of foreclosure and other settlements.
• Construction, Development, Permanent and Non-Recourse Lending: Drafted and negotiated finance and security documents.
• South Carolina and New York loan document and corporate authority legal opinions.