The Harris Beach Commercial Real Estate Practice Group supports clients across the retail industry. Our clients include owners and operators of major regional malls, grocery-anchored shopping centers and retail-based mixed-use projects, together with national tenants.
Profile
Services
Experience
People
Collaborations with Developers and Municipalities
- Counseling clients to balance their needs with those of the many constituencies affected by regional and local large development projects
- Working closely with the developer’s engineers to create a cohesive site plan to obtain approval from the municipality
- Appearing before various zoning, planning and other municipal boards across the state
- Working with the municipality after construction to satisfy all required conditions and address operational issues
Commercial Leasing
- Assisting landlords and tenants in the negotiation of sophisticated ground leases and enclosed mall, shopping center and standalone retail store leases
- Representing landlords and tenants with lease disputes, summary proceedings and post-eviction collection matters
- Representing developers and a large cross section of private clients engaged in all areas of construction
- Negotiating construction, architectural and engineering professional service agreements, as well as obtaining appropriate surety agreements for the proper completion of retail developments
- Consulting with developers, landlords and tenants on sustainability building initiatives and requirements, as well as green leases
- Facilitating energy incentives available from the New York State Energy Research and Development Authority (NYSERDA) and other state and federal programs
- Negotiating energy supply contracts and utility easements on behalf of real estate clients
- Reviewing and scoping Phase I and Phase II environmental audits, and assisting with New York’s State Environmental Quality Review (SEQR) process
- Providing non-legal community relations support through consulting affiliate HB Solutions to educate and assuage concerns of stakeholders on environmentally sensitive projects, and to facilitate the timely and successful completion of the SEQR process
Financing
- Assisting in nationwide financing transactions involving lines of credit, commercial mortgage loans, construction loans, conduit loans, CMBS and sale-leasebacks
- Counseling developer clients to help them defer taxes utilizing 1031 exchanges and tenant-in-common transactions
Litigation
- Litigating contracts, leases, condemnation claims, tax certiorari proceedings, land use challenges and bankruptcy matters
Mall-Specific Issues
- Counseling clients in mall-specific matters such as leasing restrictions and exclusives, pursuit of signature stores as anchors, operating covenants, CAM reconciliation and percentage rent requirements
- Counseling clients to identify and benefit from leading economic development programs and business tax incentives
- Providing counsel on projects involving Payment in Lieu of Tax (PILOT) Increment Financing, Host Community Benefit Agreements, Tax Increment Financing, Brownfield Redevelopment Tax Credits, New Markets Tax Credits, Empire Zone Credits, Empowerment Zone Incentives, and Taxable and Tax-Exempt Bond Financing
Zoning, Land Use and Reciprocal Easement Agreements
- Assisting retail developer clients with site acquisition, title, purchase agreements, joint development agreements, due diligence investigations, obtaining zoning and land use approval and permits, ordinance drafting and adoption, density and intensity of use, construction contracting, and store and ground leasing
- Negotiating and obtaining reciprocal easement agreements, and all types of municipal agreements, including developer agreements with municipalities for the site and access to sewer and water, highway access and occupancy, construction and permanent financing, and property dispositions
Complementary Consulting Services
Through our subsidiary, HB Cornerstone LLC, we provide fully integrated, comprehensive, non-legal consulting solutions for retail real estate clients, such as owner and tenant representation, construction administration and design.
- Served as lead leasing counsel to a privately held developer in connection with lease-up of an approximately 40,000-square-foot prime retail property near Eastview Mall in Victor, New York
- Represented a leading international big box retailer in facilitating a partnership with NYSERDA on Renewable Portfolio Standard incentives for rooftop solar installations on stores in eight states
- Assisted retail client in a $20 million construction and project loan for redevelopment of an existing retail mall
- Represented property management firm in renegotiating partnership tax provisions of agreements with owners of shopping malls across the United States
- Assisted a major national commercial and retail property developer in securitized or structured finance transactions in excess of $750 million that required handling rated single asset mortgage loans, servicing agreements and private REITs