Overview

John Livingston is a member of the firm’s Real Estate Investment and Development Team and the firm’s Energy Team. He devotes his practice to sustainable development, including mixed-use projects, LEED certified projects, and renewable energy contracting. Mr. Livingston has experience representing lenders, buyers, sellers, developers, investors, owners, managers and others in all aspects of commercial real estate development, investment and leasing, and solar and biomass developers as well as commercial and industrial energy users.

Mr. Livingston was named a 2010, 2013, 2014, 2015, 2016, 2017 and 2018 North Carolina "Rising Star" in Real Estate Law by Super Lawyers magazine. He has been recognized as a 2013, 2015, 2016 and 2017 "Legal Elite" by Business North Carolina magazine in the area of Real Estate. Mr. Livingston is also among the first attorneys in Raleigh to be designated a LEED Accredited Professional. He was selected to participate in the 28th class of the Greater Raleigh Chamber of Commerce’s Leadership Raleigh.

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Experience

Local counsel representation for international renewable energy developer in purchase of portfolio of eight solar projects in North Carolina, including consulting regarding tax, tax-equity, construction financing, environmental laws and regulations, permits and construction approvals, endangered species act, and enforceability issues.

Local counsel representation for a national renewable energy developer in financing of portfolio of 12 solar projects in North Carolina.

Represented national investor in acquisition and financing of $30 million apartment complex in Charlotte, North Carolina.

Represented Hill Partners, Inc., a commercial real estate firm specializing in shopping center development, in connection with The Promenade at Coconut Creek, North Broward County's premier open air shopping and dining experience, featuring over 36 stores and boutiques, 14 restaurants, and Silverspot Cinema, a state-of-the-art 11 screen luxury theatre.

Represented national apartment owners in securing supplemental Freddie Mac financing for 304-unit apartment complex.

Represented developer, Hill Partners Inc., in the acquisition, financing, and leasing of Lifestyle Center located on 300 acres with mixed-use and freestanding properties in Columbia, South Carolina.

Represented developer in the acquisition, financing, and leasing of 540,000 square foot Lifestyle Center with mixed-use and freestanding properties in Clemmons, North Carolina.

Assisted real estate developer in the acquisition of a site in downtown Raleigh that will one day be home to an urban mixed-use public-private partnership project with retail, office, and residential space on top of a 550 space underground parking deck.

Represented PRA International, a leading global clinical research organization, in lease negotiations and construction contracting for laboratory space in Kansas City.

Assisted a New York-based real estate management and investment company in purchasing over $113 million in apartment projects across four Southern states. These transactions involved complex real estate, financing, and corporate issues, including title issues involving bankruptcy, acquisition financing consisting of both Freddie Mac and Fannie Mae guaranteed loans, and solicitation of investors through a crowd funding website.

Serve as leasing counsel to regional developer and investor with over 1,500,000 square feet of office and flex space.

Represent open-source software company in a variety of real estate matters, including headquarters and office leasing and subleasing across the United States and internationally.

Assisted client with all aspects of developing and financing a 20 MW solar facility in northeastern North Carolina, including joint venture agreement with financing partner, power purchase agreement, construction financing, EPC contract, and sale of facility.

Represented Access Medical Development, nationally recognized medical real estate developer, in condominiumization and sale of mixed-used development in midtown Raleigh with over 80,000 square feet of office space and over 45,000 square feet of retail space.

Represented Soleil Group, a developer, in preparation of condominium documents of a forty-two story mixed-use condominium, including residential and hotel uses.

Represented national professional trade association with real estate matters nationally.

Represented early stage developer in development and sale of 20.8 MW and 26 MW solar facility.

Represented a major proprietary computer storage and data management company headquartered in Sunnyvale, California, in condominiumization and financing related to $61 million data center.

Represented Guggenheim Real Estate, LLC, a real estate investment firm and a subsidiary of Guggenheim Partners, in connection with Specialty Shops at Southpark, a 65,000 square foot retail center in North Carolina.

Represented Kane Realty as a joint venture partner involved in the development and construction of a continuing care retirement community (CCRC) known as The Cardinal at North Hills, including complex financing issues, and provided guidance on obtaining regulatory approvals from the North Carolina Department of Insurance.

Represented community college in lease of rooftop for solar PV and solar thermal panels and the purchase of solar thermal energy.

Represented solar developer in leasing space from the City of Raleigh on its convention center roof for the installation of solar PV electric panels.

Have represented a number of commercial and industrial clients in the development of renewable energy projects or the purchase of renewable energy from third-party providers.

Represented Goldsboro Milling Company in securing a $170 million loan from multiple lenders secured by personal and real property in multiple states.

Assisted a North Carolina-based real estate firm in connection with its acquisition, disposition, and leasing of multiple Triangle area projects, including medical office buildings, office parks, and flex/warehouse projects.

Have negotiated dozens of PPA and REC agreements on behalf of renewable energy project developers for projects totaling more than 300 MW of capacity.

Represent numerous buyers and sellers of renewable energy projects in purchase and sale transactions.

Represented early stage developer in development and sale of 75 MW solar facility.

Represented developer in sale of 15 MW solar facility in Beaufort County.

Represented corporate purchaser of approximately 5 MW solar facility.

Represented lender in structuring of unique rooftop solar transactions.

Developed construction loan documents and program for lender’s use in making loans to utility scale solar facilities.

Represented national real estate company in acquisition and financing of $20 million apartment complex in Atlanta, Georgia.

Represented national real estate company in acquisition of $47 million apartment complex in Cary, North Carolina.

Represented national real estate company in disposition of portfolio of apartment complexes in South Carolina.

Represented publicly traded technology company in their expansion of headquarters on North Carolina State University’s Centennial Campus.

Representation of Stonecutter Capital in purchase of two apartment portfolio purchase with $45 million purchase price in Greenville, South Carolina, including annexation and acquisition financing.

Representation of Stonecutter Capital in sale of apartment complex in Columbia, South Carolina for $22 million.

Representation of Stonecutter Capital in refinancing of seven-property multi-state portfolio of apartment complexes with over $115 million in Freddie Mac guaranteed debt.

Represented seller of iconic Krog Street Market and Atlanta Stove Works urban, mixed-use development for more than $45 million.

Represented seller of a $40 million multi-family complex in a sale that involved 1031 exchanges for both buyer and seller and a defeasance of the existing loan on the property. Prior representations for the owner of the site included a buyout of a joint venture partners interests and supplemental financing.

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Education

University of North Carolina School of Law, J.D. (2006) Order of the Coif, high honors

University of Florida, B.S., Civil Engineering (2003) cum laude

Admissions

North Carolina (2006)

Professional & Community Activities

North Carolina Bar Association, Real Property Section, Legislative Committee, Member

Center for Energy Education, Board of Directors, Member

National Association of Industrial and Office Properties (NAIOP) - Research Triangle Chapter, Developing Leaders Board of Directors, President

Urban Land Institute (ULI), Young Leader, Roundtable Committee

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