Real Estate Developers - PDF by xiangpeng


									                                                Real Estate Developers
                                                INDUSTRY TEAM

                                   ALBANY       Major national mall developers and other commercial and housing developers have counted on our
                                  BUFFALO       attorneys’ vast knowledge of financing and public incentives and our comprehensive approach to plan
                                   ITHACA       development to complete some of the most recognizable projects in New York state. Additionally, our
                        NEW YORK CITY           firm’s professional consultants have solved challenging community relations issues to help keep large
                          NIAGARA FALLS         real estate projects moving forward to their successful completion.
                                                Harris Beach attorneys have extensive experience representing a wide range of developers
                    SARATOGA SPRINGS            on real property matters ranging from acquisition, financing, and development through
                                SYRACUSE        environmental, land use/zoning, leasing, and dispositions.
                             UNIONDALE          Our services include:
                           WHITE PLAINS         Project Representation
                                 YONKERS        •	 Acquisitions	and	Dispositions                      •	 Securities	Law
                              NEWARK, NJ
                                                •	 Reciprocal	Easements	and	Other	Agreements          •	 Corporate	Law	and	Tax	Planning
                                                •	 Environmental	Due	Diligence	and	Remediation	       •	 Contract	Development	and	Review
                       NEW HAVEN , CT
                                                •	 Permitting,	Zoning/Land	Use	Planning	              •	 Construction	and	Surety,	and	Bid	Process	
                                                •	 Financing	and	Refinancing                          •	 Condominium	and	Homeowner	
                                                •	 Structuring	Ownership/Equity	Arrangements	            Association	Formation
                                                   and Other Investment Vehicle Structures

                                                Economic Development Incentives
                                                •	 Brownfield Redevelopment                           •	 Tax	Incentives
                                                •	 Low Income Housing

                                                •	 Contract Enforcement                               •	 Bankruptcy	Support
                                                •	 Condemnation	and	Evictions                         •	 Real	Property	Disputes
                                                •	 Construction	Disputes

                                                Ongoing Operational Representation
                                                •	 Collections                                        •	 Leasing
                                                •	 Compliance                                         •	 Our	Consulting	Services
                                                •	 Labor	and	Employment

                                                PROJECT REPRESENTATION
                                                Acquisitions and Dispositions
                                                Harris Beach has been involved with many of the major real estate development projects
                                                that have occurred throughout the state. We represent developers in all aspects of property
                                                acquisitions and dispositions for the development of strip malls, commercial office parks,
                                                commercial industrial parks, lakeside commerce parks, waterfront housing projects, multi-
                                                housing developments, continuous care retirement communities, and other types of projects.
                                                Further, we assist our clients in accessing economic development incentives from governmental
                                                and quasi-governmental agencies.
This may be considered Attorney Advertising
     under the rules of Professional Conduct.
We routinely prepare, review,                Permitting, Zoning/Land Use Planning         as general counsel, providing a full
and negotiate options to purchase            Harris Beach has represented developers      range of legal services to meet all of the
easements, conservation easements,           in transactions involving architectural      developer’s corporate and business law
utility easements, and municipal             and construction negotiation with local      requirements.	These	services	include	
easements. Our attorneys work with           governments to secure all necessary          contractual matters, proprietary rights,
governmental agencies and authorities        approvals, including zoning, subdivision,    antitrust matters, general business
in connection with the negotiation and       and	SEQRA	environmental	approvals.	          transactions, financial planning matters,
execution of conservation easements,         We have also challenged adverse land         mergers and acquisitions, divestitures,
and have negotiated environmental            use	determinations	through	Article	78	       and refinancings, as well as other issues
easements for numerous Brownfield            proceedings. Many of these projects          related to the effective and efficient
projects throughout New York state.          have been enhanced through the use           operation of these entities. We also
                                             of federal, state, and local economic        recognize that tax planning goes
Reciprocal Easements and                     development incentives.                      beyond routine compliance and
Other Agreements                                                                          preparation of returns, and provide
Harris Beach is experienced in               Financing and Refinancing                    advice and guidance on the tax
helping clients resolve numerous             Harris Beach attorneys structure             implications associated with operations
zoning and regulatory issues that            and negotiate financial transactions         and transactions.
often arise in the course of land use        including securities offerings, venture
applications.	This	includes	supporting	      capital, mezzanine financing, bond           Contract Development and Review
real estate developers by negotiating        financings, and conventional institutional   As	solid,	well-crafted	agreements	
and obtaining reciprocal easement            financings including construction loan       are the foundation for successful
agreements, all types of municipal           financing transactions. Our attorneys        projects, we pay close attention to
agreements, developer agreements             have extensive refinancing experience        important contractual provisions to
with municipalities for the site             in restructuring equity investments in,      protect our clients’ interests, including
and access to sewer and water,               or debt on, distressed properties. We        scope of work, time of performance,
highway access and occupancy,                handle transactions that include “equity     basic duties, warranties, change
construction and permanent                   kickers,” arrangements that allow for        orders and extras, hold harmless and
financing, and property dispositions.        shared appreciation or equity conversion     indemnification clauses, payment
                                             for financial restructuring and workouts.    terms, retainage and project closeout.
Environmental Due Diligence                                                               Our attorneys are also familiar with
and Remediation                              Structuring Ownership/Equity                 the various triggering events implicated
Our environmental attorneys have             Arrangements and Other                       under the default and termination
decades of experience interpreting           Investment Vehicle Structures                provisions of construction contracts.
applicable regulations under local,          We offer legal counsel in the formation
state, and federal law as it relates         of syndications, and partnerships,           Construction and Surety, and
to environmental reviews, zoning             construction and permanent financing,        Bid Process
issues and land use matters, including       tax-exempt and taxable bond financing        Over the past 15 years, Harris Beach
wastewater treatment and discharge.          options, sale and leaseback transactions,    has been involved in billions of dollars
We counsel clients on conducting             synthetic leases, and securitized or         of public and private construction
required environmental reviews (as a         structured	finance,	such	as	REITs,	          projects. Owners, contractors, design
prerequisite to zoning and other land        REMICs, and commercial mortgage-             professionals, and sureties have come
use decisions) including compliance          backed securities. Our attorneys have        to rely upon our firm for practical
with the New York State Environ-             represented a variety of developers,         and effective representation aimed at
mental	Quality	Review	Act	(SEQRA)	           including a major national commercial        minimizing the impact of construction
and the federal counterpart, the             and retail property developer, in            project disputes. We protect our
National	Environmental	Policy	Act.	          securitized or structured finance            clients’ interests beginning with the
We also negotiate and structure              transactions which require handling          bidding and contracting phases, through
risk transfer transactions. Our              rated single asset mortgage loans,           financing, zoning, permitting and
representation includes preparing            complex trust and servicing agreements,      contract administration, to help keep
environmental review documentation,          and	private	REITs.	                          their projects moving forward to their
preparing for and, when appropriate,                                                      successful completion.
attending public hearings and preparing      Securities Law
findings and determinations for our          Harris Beach has significant experience      Condominium and Homeowner
clients. We have assisted clients on         with securities transactions. We             Association Formation
environmental reviews for a wide range       represent issuers, placement agents,         Harris Beach attorneys have experience
of development initiatives including solid   underwriters and investors in private        forming homeowner associations
and hazardous waste facilities, ethanol      placements, public offerings and real        for single family, patio home and
and wind farm projects, power plants,        estate syndications in transactions          townhome associations and preparing
regional transportation facilities, and      involving equity, debt, and asset-backed     and filing condominium offering
commercial developments including            securities.                                  plans for residential, commercial and
office, recreational and convention                                                       mixed-used developments as well
                                             Corporate Law and Tax Planning               as	CPS-7	applications	(requesting	
center facilities.                           Recognizing that most of the major           exemption from filing requirements
                                             developers are privately-held                for subdivisions having de minimus
                                             businesses, Harris Beach typically acts
common elements). Our attorneys also
have experience preparing declarations
of covenants, restrictions, and by-laws
for commercial, residential, and mixed
use projects.

Harris Beach is a leading New York          Tax Incentives                                 and/or offers and negotiations in
state law firm in economic development      Harris Beach attorneys provide a full          acquiring the property. We also
with a strong reputation for leveraging     range of services to facilitate identifying,   represent landlords in tenant evictions.
the full range of fiscal incentives and     securing, and managing economic
                                            development incentive programs for             Construction Disputes
structuring opportunities. We have
                                            our	clients.	This	includes	working	            When warranted, we have also litigated
enhanced many of our clients’ projects
                                            closely with Industrial Development            numerous matters for our clients
through the use of federal, state, and
                                            Agencies	(IDAs)	and	Local	Development	         arising from disputes with architects,
local economic development incentives
                                            Corporations (LDCs) who provide                engineers, construction managers
including the Excelsior Program, (NYS)
                                            financial assistance to private entities       and general contractors. With regard
Rehabilitation	Tax	Credit,	Federal	
                                            through tax incentives in order to             to architects and engineers, this
Historic	Rehabilitation	Tax	Credit,	
                                            promote the economic welfare of                includes liability for poor design, faulty
New	Markets	Tax	Credit	Program,	
                                            a municipality. Our attorneys have             testing, inaccurate cost estimates,
NYSERDA	and	Power	Authority	
                                            authored	“The	Harris	Beach	Economic	           lack of supervision and inspection,
economic development programs,
                                            Development Handbook” which                    lack of scheduling and coordination,
other Empire State Development
                                            contains information on the full array         inappropriate certifying of progress
programs, and the following which
                                            of federal, state, and local incentives        payments and other disputes. For
may be of particular interest:
                                            available to our clients.                      general contractors and/or construction
Brownfield Redevelopment                                                                   managers, this similarly includes liability
Harris Beach has extensive experience                                                      for faulty construction, inaccurate,
forming brownfield redevelopment                                                           failures of cost estimates, supervision
joint ventures and assisting owners of      Contract Enforcement                           and inspection, lack of proper
brownfield properties to package their      Harris Beach attorneys handle all              scheduling and defective coordination,
holdings for bulk sale to institutional     types of contract disputes from simple         and certification of progress payments.
investors. Our attorneys also help          breach of contract to complex litigation
                                            involving multiple layers of relationships     Bankruptcy Support
buyers obtain the necessary liability
                                            and extensively detailed agreements.           Harris Beach represents clients in all
releases available through state
                                            Our attorneys have a reputation for            forms of bankruptcy matters. Our
brownfield programs. We provide
                                            ardent and effective prosecution and           attorneys represent clients seeking to
counsel on the program requirements,
                                            defense of indemnification claims,             purchase assets through or outside
help secure funding sources, work
                                            mechanic’s liens, and bond claims for a        of the bankruptcy process. We assist
with consultants on appropriate
                                            large cross-section of public and private      landlords in filing notices of claims,
remedial measures, and structure the
                                            sector clients. We also handle a broad         and in sales of specific credits or
sale or acquisition transactions for
                                            spectrum of surety matters, including          entire portfolios of troubled assets
maximum program benefits, such as
                                            default terminations, construction             and tenant bankruptcies. We also
the brownfield redevelopment tax
                                            claims, contract bond defaults, bad faith      work with bankruptcy trustees in
credits for those that have been issued
                                            claims, and performance and payment            connection with reaffirming leases.
a certificate of completion, tax credit
                                            bond disputes. Harris Beach attorneys          Firm attorneys also defend our clients
for remediated brownfields, which can
                                            have extensive experience negotiating          against preference and fraudulent
eliminate some or all of the brownfield
                                            completion agreements, takeover                conveyance claims brought against
site’s real property taxes, and environ-
                                            agreements and other construction/             them in bankruptcy and state courts.
mental remediation insurance credit.                                                       Additionally,	we	assist	our	clients	in	the	
                                            surety matters.
Low Income Housing                                                                         purchase of distressed projects out
Our experience representing developers      Condemnation and Evictions                     of bankruptcy.
in transactions involving the low income-   Harris Beach represents private
                                            companies, municipalities, and                 Real Property Disputes
housing credits allowed by Section 42                                                      Harris Beach attorneys represent
of	the	Internal	Revenue	Code	of	1986	       authorities in condemnation
                                            proceedings under New York’s                   clients in land title disputes, foreclosure
covers virtually all aspects of credit                                                     actions, deed-in-lieu transactions,
transactions. One aspect of these           Eminent Domain Procedure Laws.
                                            We often represent the condemning              tax assessment proceedings,
transactions is representing developers                                                    condemnation actions, zoning appeals,
and builders who build or renovate          authority against any challenges of the
                                            determinations and findings and assist         landlord and tenant disputes, and
apartments qualifying for the credits.                                                     disposition of mechanic’s liens.
                                            in all aspects of any litigation where
                                            claimants seek additional compensation
ONGOING OPERATIONAL                          concerning project labor agreements,
REPRESENTATION                               prevailing wage issues, Department              Office Locations
                                             of Labor investigations, 1-9 audits,            800-685-1429
Collections                                  discrimination claims, strikes, boycotts,
Collections is a key component of our                                                        ALBANY
                                             picketing and labor disturbances and            677 BROADWAY, SUITE 1101
Financial Restructuring, Bankruptcy,         attendant disruptions at the work               ALBANY, NY 12207
and Creditor Rights’ practice, and our       site, issues arising from construction          518-427-9700
knowledge of bankruptcy gives us an          accidents,	OSHA	issues	and	hearings	
edge in negotiations and allows us to                                                        BUFFALO
                                             and union issues related to building            LARKIN AT EXCHANGE
better advise our clients regarding          operations and maintenance.                     726 EXCHANGE STREET, SUITE 1000
their rights as creditors. Harris Beach
                                                                                             BUFFALO, NY 14210
provides comprehensive collection            Leasing                                         716-200-5050
of secured and unsecured debt, legal,        Harris Beach represents developers
and collateral recovery services to                                                          ITHACA
                                             in structuring and negotiating a variety
                                                                                             119 EAST SENECA STREET
financial institutions, governmental         of lease transactions, including ground         ITHACA, NY 14585
agencies, and businesses with retail and     leases, turnkey leases, build-to-suit leases,   607-273-6444
commercial accounts. Our unsecured           tenant improvement allowance leases,
debt collection experience includes                                                          NEW HAVEN, CT
                                             subleases, office leases, warehouse and
                                                                                             195 CHURCH STREET, 18TH FLOOR
retail installment contracts, all matters    industrial leases, manufacturing facility       NEW HAVEN, CT 06509
of bank debt, promissory notes, lines of     leases and retail leases, as well as signage    203-784-3159
credit, overdrafts, defaulted collections,   rights and traffic impacts.
defaulted leases, and insurance                                                              NEW YORK CITY
                                             Our Consulting Services                         100 WALL STREET
premiums. We help clients reduce
                                                                                             NEW YORK, NY 10005
delinquency, minimize losses, increase       Harris Beach recognizes that client
recovery, and improve their cash flow.       solutions often involve more than
                                             just legal needs. From time to time,            NEWARK, NJ
Compliance                                   our firm’s professional consulting              ONE GATEWAY CENTER, SUITE 2500
Recent federal and state landmark            subsidiary, HB Solutions LLC, is                NEWARK, NJ 07102
legislation and increased scrutiny                                                           973-848-1244
                                             called upon to complement our legal
in the areas of ethics, compliance,          services or as standalone services for          NIAGARA FALLS
lobbying and procurement have                real estate developers.                         800 MAIN STREET, 4TH FLOOR, SUITE B
caused even the most diligent                                                                NIAGARA FALLS, NY 14302
organizations and executives to              HB Solutions helps developers manage            716-285-1535
continually re-evaluate and update           the multi-dimensional aspects of major          ROCHESTER
their procurement protocols,                 economic development initiatives,               99 GARNSEY ROAD
contractor vetting processes,                such as mall developments and                   PITTSFORD, NY 14534
risk assessment and management               expansions. Our communications                  585-419-8800
systems, and internal investigation          professionals have a proven track record        THE GRANITE BUILDING
capabilities. Our highly credentialed        of building consensus among developers,         130 EAST MAIN STREET
team’s strong prosecutorial and              municipalities, and communities to help         ROCHESTER, NY 14604
ethics backgrounds, including a              ensure a project’s success.
former Executive Director of the                                                             SARATOGA SPRINGS
New York State Ethics Commission,                                                            358 BROADWAY, SUITE 307
have made Harris Beach the firm                                                              SARATOGA SPRINGS, NY 12866
of choice that organizations of all              For more information on how
sizes call upon to handle their high-                                                        SYRACUSE
risk, high-visibility federal and state          Harris Beach can help your                  333 WEST WASHINGTON STREET, SUITE 200
investigation and compliance matters.            organization, please contact:               SYRACUSE, NY 13202
Labor and Employment                             Charles W. Russell                          UNIONDALE
Harris Beach attorneys can assist                          THE OMNI
developers with all aspects of                                                               333 EARLE OVINGTON BLVD, SUITE 901
their labor and employment issues                                                            UNIONDALE, NY 11553
which might arise with contractors,              or 800-685-1429                             516-880-8484
construction companies, unions, and                                                          WHITE PLAINS
property and building management                                                             445 HAMILTON AVENUE, SUITE 1206
                                                                                                                                     Images used are stock photography. 5/12

firms. Examples include, but are not                                                         WHITE PLAINS, NY 10601
limited to, counseling on all matters                                                        914-683-1200
                                                                                             N-VALLEY TECHNOLOGY CENTER
                                                                                             470 NEPPERHAN AVENUE, SUITE 320
                                                                                             YONKERS, NY 10701

To top