Who we are:
As a global leader in digital infrastructure, QTS designs, builds and operates advanced data centers that support strategic AI, cloud and digital transformation initiatives. We are driven by a mission to connect the world for good and our people make it possible. Every single day, the creativity, dedication and genuine care for our communities are what push us forward and make this a truly special place to be.
Who You Are:
The Senior Counsel, Real Estate is a member of the Legal team and reports to the Associate General Counsel, Real Estate. This attorney supports the company's real estate and development activities and operations, including acquisitions and dispositions, leasing, zoning and land use, real estate finance, tax and development incentives, and economic development arrangements with state and local governments, economic development authorities and community stakeholders. The role provides direct support to the acquisition and development team and business units, and helps maintain compliance with relevant documents, as needed.
This role is intended for an attorney with significant, hands-on experience in two core areas: (a) drafting and negotiating economic development documents, including community benefit agreements and development agreements; and (b) drafting and negotiating real estate development documents, including transaction documents, easements and access agreements, together with the related title and survey review and assessment.
What You Will Do:
A. Economic Development Matters
- Lead the drafting and negotiation of community benefit agreements, community engagement and host community agreements, development agreements, economic development and incentive agreements, memoranda of understanding, performance and clawback agreements, and similar documents with municipalities, counties, economic development authorities, utilities and community groups.
- Advise on zoning, entitlements, land use, permitting, tax abatements, property and sales tax incentives, grants, tax increment financing, special service areas, payment-in-lieu-of-taxes arrangements, infrastructure commitments and other development incentive matters in coordination with outside counsel and the economic development and real estate investments teams.
- Advise the business on public-private deal structures, public approval processes, community engagement and investment commitments and related risk allocation.
- Coordinate with development, tax, government affairs and real estate investment teams, and manage outside counsel and local special counsel on incentive and public-approval matters.
- Help build and formalize the company's approach to community benefit and community engagement agreements, including internal review, approval and tracking processes.
B. Real Estate Development and Transactions
- Lead the drafting and negotiation of real estate purchase and sale agreements, options, ground and other non-customer leases, and related transaction documents for acquisitions and development of data center campuses.
- Draft and negotiate easements, access agreements, licenses, utility and infrastructure agreements, restrictive covenants, reciprocal easement and similar agreements.
- Review and assess title commitments, title exceptions, surveys (including ALTA/NSPS surveys), zoning and land use reports, and related due diligence; negotiate title endorsements and resolve objections with title companies, surveyors and counterparties.
- Manage multiple concurrent deals and deal flow from diligence through closing, working closely with internal development and due diligence teams and managing outside counsel, counterparties, insurers and other third parties.
C. Other Legal and Business Matters
- As company needs require, handle non-real estate legal and general business matters, including commercial contracts.
- Provide sound legal and business judgment on matters including loans, equity raises, joint ventures, acquisitions, construction, reporting and compliance, and tax abatement-related disputes.
- Develop and maintain templates, playbooks and processes that improve efficiency and consistency across real estate and incentive transactions.
- Other duties may be assigned.
What You Will Need to be Successful:
- Juris Doctor from an accredited law school and active bar membership in good standing (in-house counsel registration where applicable).
- A minimum of 5 years practicing law, with a substantial portion in real estate development and economic development transactions, at a law firm, in-house, or both.
- Demonstrated experience drafting and negotiating community benefit agreements, development agreements, incentive agreements and similar economic development documents whether representing developers, public bodies or both.
- Demonstrated experience drafting and negotiating real estate development documents, including purchase and sale agreements, leases, easements, access agreements and related transactio