Senior Counsel - Real Estate

Dutch Bros Coffee•Phoenix, AZ

2d•Hybrid

About The Position

The Senior Counsel - Real Estate is a key member of the Dutch Bros growing legal team. This role is responsible for providing legal counsel to internal business partners on all business decisions related to real estate development and transactions. The Senior Counsel - Real Estate will also work closely in partnership with internal attorney staff and outside counsel in supporting the paralegal and administrative employees on the management of a varying range of legal matters including but not limited to: leases, amendments, subordination agreements, estoppels, title, memorandum of leases, due diligence, rent commencement certificates, form drafting and other ancillary real estate work.

Requirements

Juris Doctor Degree, required
Member, in good standing, of a least one US State Bar, required
10 years or more of proven legal experience with a corporation, law firm, government agency, or similar enterprise, required
Humble, hungry, and smart, required
Broad understanding and knowledge of real estate transactions and/or contracts
Ability to provide competent legal advice and counsel to business partners on applicable legal and policy issues, required
Strong time management, prioritization, and organization skills
Experience drafting and negotiating commercial agreements, required
Title/environmental
Strong verbal and written communication skills for collaborating with attorneys, paralegals, administrative staff, and business partners, required
Ability to supervise and coordinate the work of internal support staff, outside counsel, and consultants, required
Proficiency in team collaboration and the ability to deliver project and performance feedback, required
Ability to cultivate and promote a cooperative work environment, required
Mature business acumen and sense of judgment, with the ability to balance business and legal risks, required
Exemplary attention to detail and organizational skills, with the ability to prioritize work and respond to multiple demands while meeting time sensitive deadlines, required
Ability to acknowledge and comply with all corporate policies and procedures, required
Knowledge of judicial system and procedures and legal documentation procedures and requirements, required
Ability to develop systems, processes, and procedures, required
Ability to develop and deliver presentations, including high level preparation of presentation materials for a wide range of audiences, required
Intermediate and above experience utilizing standard office technology including Google Suite, Microsoft Suite, Teams, Smartsheet, etc, required
Experience and understanding of real estate development, transactions, and contracts including Build-to-Suit, Ground Leases, CAM, SNDA, Estoppel, and exclusivity issues, lease renewals and amendments, due diligence, memorandums, title review, environmental reports, required

Nice To Haves

Knowledge of quick service restaurant (QSR) and/or food and beverage industry legal resources, preferred

Responsibilities

Working with the Vice President of Legal – Real Estate, partner with construction, real estate, development, and retail teams to provide sound legal advice regarding negotiation strategy and deal structure and collaborate to implement system-wide improvements that reflect business goals.
Collaborate with construction, real estate, development, and retail teams to provide insights, process improvement, and system improvement to reliably delivery of documents as required by tenant lease obligations.
Develop strong, long-term, forward-looking relationships with landlords and communities that withstand the test of time, while providing sound advice regarding real estate documents and enforcement of tenant lease rights.
Draft, review, and negotiate build-to-suit and ground lease agreements, and all ancillary lease documents as needed (CC&Rs, SNDAs, estoppels, memorandums, amendments, rent commencement certificates, easements, etc.).
Maintain and manage internal lease matrices for all real estate transaction related agreements.
Draft and maintain Real Estate Legal forms and templates for all real estate transaction related agreements.
Support administrative staff with drafting and reviewing all real estate related notices and correspondence.
Oversee outside counsel on real estate transactions including lease negotiation, environmental, land use, and construction to effectively and efficiently deliver planned sites and projects on time and within budget.
Review and provide recommendations regarding title and other due diligence related matters and advise business partners on results.
Work with administrative staff on the tracking and communication of lease and due diligence related statuses, tasks, and deadlines utilizing the Legal Department’s current standard matter management system(s) [LawVu, Smartsheet and Lucernex].
Work with the lease administration team to process and complete matters handled by the Post Execution and Property Management teams.
Advise internal and external teams on decisions and expectations surrounding continued lease timelines and compliance.
Maintain tracking spreadsheets in a fast-paced environment.
Serve as a trusted business advisor who proactively engages and provides to business partners and management critical legal guidance, strategies, and innovative solutions that drive the organization forward.
Understand, anticipate, and proactively advise the Vice President of Legal – Real Estate on strategy development, value creation levers, new risks, and changes in regulatory requirements and public policy.
Positively promote the business through mitigation of risks and protection of the brand, culture, and reputation.
Support property management and the Vice President of Legal – Real Estate on determining dispute resolution strategies.
Draft, review, and negotiate contracts (form and non-form), documents, and advise on all projects and matters as assigned.
Manage outside counsel relationships and matters to effectively and efficiently deliver work products on time and within budget.
Identify, relate, and anticipate actions between and within requests, projects, and matters.
Connect the dots and recognize patterns, relationships, and implications within complex situations, enabling effective decision making and strategy.
Utilize and maintain the Legal Department’s current standard matter management and contract management system(s).
Support the implementation of AI into everyday to promote productivity and efficiency.
Support paralegal and administrative staff on tracking and maintaining up-to-date statuses, applicable data, and important deadlines and events related to all assigned projects, matters, and contracts.
Support the Vice President of Legal – Real Estate to develop processes and policies to guide and support staff on the effective execution and maintenance of processes and policies as needed.
Be successful in a high production work environment.
Other special projects as needed.