As general counsel to the Albany Convention Center Authority, Harris Beach advises on a wide range of matters, including corporate and organizational issues, negotiation of contracts, leases, etc. on behalf of the Authority, real estate eminent domain construction law, litigation, environmental law including some State Environmental Quality Review Act (SEQRA) compliance, and Public Authority Accountability Act compliance.

Harris Beach introduced the idea of combining an IDA PILOT Agreement with Empire Zone benefits to encourage developers to make PILOT payments that can be utilized (with taxing jurisdiction consent) and borrowed against to fund site-specific infrastructure. The first PILOT Increment Financing (PIF) was used by the Erie County IDA (ECIDA) to bridge financing gaps related to the Tops store located in the city of Buffalo. Harris Beach later represented the developer of the Certainteed project at Union Ship Canal (now known as Buffalo Lakeside Commerce Park). The initiative balanced Brownfield Clean-up issues with IDA and Empire Zone benefits to create a unique Brownfield fund. (See following for details of the Buffalo Lakeside Commerce Park project.)

We served as counsel to Empire State Development Corporation for the Buffalo Inner Harbor development, including the areas of construction, environmental and related litigation. During Phase I, our primary function in that role was to assist and advise the ESDC, as lead and coordinating agency for the project, in conducting the necessary environmental review process in compliance with NEPA and SEQRA. Phase I included advising ESDC with respect to all environmental issues raised through the review process as well as assisting in the preparation of the Environmental Impact Statement. This project also involved extensive and complex NEPA and SEQRA litigation. The Canal Side Project will face similar legal issues and similar legal challenges.

Harris Beach has been retained by the Buffalo Urban Development Corporation (BUDC) to assist with creating a “beyond shovel ready” site designation with respect to an 80-acre Brownfield site, known as the Buffalo Lakeside Commerce Park (BLCP), located within the Union Ship Canal Urban Renewal Redevelopment Area in the southwest corner of the city of Buffalo. In this capacity, Harris Beach creatively utilized the New York State Empire Zone Program and the New York State Brownfield Cleanup Program to create Empire Zone certified and Brownfield Cleanup Program-eligible entities that can be utilized by parties interested in locating to and developing in the BLCP. In this manner, Empire Zone and Brownfield Cleanup Program tax benefits have been “locked-in,” eliminating months of application procedures and related unknowns that developers would otherwise have to endure. In addition, this structure added certainty to the calculation of tax benefits to assist interested developers in their financing efforts. This structure enabled the ECIDA to establish the recently announced Brownfield Redevelopment Fund that will finance site access and site infrastructure construction.

Harris Beach is acting as counsel to this public/private partnership to develop a research park adjacent to the site of the world-renowned Cornell University Ph.D. food science program in Geneva, New York.
The project has included: legislation to exchange SUNY land for Cornell land, the establishment of a local development corporation, negotiation of licensing with the Office of General Services (OGS), a master lease with Cornell, release of SUNY construction funds for environmental remediation, involvement in a Voluntary Cleanup Program (VCP) with the DEC, use of Empire Zone benefits and IDA benefits, and administration of federal and state grants to fund an incubator facility and related park infrastructure.

Harris Beach was brought in to assist in negotiating the transition of this site from warehouse usage to retail space. The effort includes balancing community concerns with the remaining tenant needs, timing the development to meet retail demands, and addressing infrastructure needs, including a new highway interchange.

Harris Beach acted as bond/transaction counsel to redevelop downtown Ithaca. The project involved condemnation and a unique financing package for a parking garage involving the IDA, urban renewal agency, city of Ithaca, and private parties based on air rights over the base floor that will be developed as retail storefronts. Harris Beach is involved in planning similar projects in both Yonkers and Peekskill.

Harris Beach has represented numerous retail developers in Pilot Increment Financing (PIF) transactions with respect to repositioning several regional malls.
For example, the Medley Center project was accomplished using structured tax increment financing (a PILOT Agreement) with Empire Zone certification, and the consent of affected taxing jurisdictions. As a result, the owner was able to utilize an agreed-upon portion of PILOT payments to make infrastructure improvements. The PILOT Agreement was instrumental in Target’s decision to build a freestanding 127,000 square-foot facility on the site.

Harris Beach is bond counsel and special counsel to the Nassau County IDA. For the past three and a half years, attorneys currently at the firm have represented the NCIDA in connection with numerous complex transactions, including the interest rate mode conversion for the bonds of the New York Institute of Technology, bond financing for the Alliance of Long Island Agencies, bond financings for affordable housing projects and various straight lease transactions, including those for well-known applicants/brands such as Nestle, Life Time Fitness, Arizona Iced Tea, Quick International Courier, and Cox and Company.

Harris Beach was counsel to Pfizer Inc. to negotiate economic development incentives associated with the acquisition of a city center site. The successful initiative brought the area 2,000 new jobs.

Harris Beach is counsel to the Empire State Development Corporation (ESDC) to pursue condemnation in an effort to implement the state compact with the Seneca Nation leading to redevelopment of 26 acres in the city center.

Ingersoll-Rand removed all improvements from a former foundry site, instituted Department of Environmental Conservation (DEC) site controls, and desired to leave the site undisturbed. After 12 years, a new opportunity was identified and the mayor and village board brought in Harris Beach to determine if a solution could be found to allow development. Harris Beach used a condemnation action and simultaneously negotiated a voluntary transfer using environmental insurance and the Brownfield Cleanup Program. The initiative created by Harris Beach was a winning solution for all parties.

Harris Beach is actively involved in comprehensive redevelopment efforts being undertaken on the waterfronts of several Hudson Valley cities. The initiatives incorporate benefits from local waterfront redevelopment, urban renewal, Brownfield Cleanup Program, IDA, use of condemnation, and preferred developer agreements.

Harris Beach acted as counsel to the developer to bring Empire Zone acreage to the 4 million square-foot site. Our attorneys also negotiated an IDA transaction involving a PILOT Agreement that makes the site more marketable. Additionally, Harris Beach assisted in: obtaining and administering an Industrial Access Program (IAP) grant to upgrade the road infrastructure; securing state funding to upgrade the steam facilities; forming a public utility; bringing Build Now NY and Foreign Trade Zone status to the site; securing approvals for dedicating roads; and subdividing the site. Our attorneys also assisted with other planning board and land use approvals. These milestones were accomplished with careful consideration to balance the enhancements of establishing the technology park as a competitive commercial site with potential community impact. Harris Beach also facilitated bringing research lab space and University of Rochester relationships to RTP.

Harris Beach represented this public benefit corporation with the development of a unique technology and energy park in Malta, New York. Work included SEQRA review, land use, planning, permitting, and grant application and administration. Our attorneys are now working to develop economic development incentives unique to STEP.

Harris Beach was engaged to assist this public benefit corporation with use of IDA, Empire Zone, and PIF benefits as part of the efforts to revitalize the Schenectady city center.

Harris Beach was engaged to assist this public benefit corporation with use of IDA, Empire Zone, and PIF benefits as part of the efforts to revitalize the Schenectady city center.

Harris Beach was brought in to negotiate site control through the bankruptcy of Shepard Niles. We also handled the formation of a redevelopment entity and the identification and financing of a development team. What started with the closing of the largest area employer and loss of 125 jobs after a 150-year history, ended with a redeveloped multi-tenant facility which created 150 jobs.

Harris Beach represents the Seneca County IDA, which has acted as the recipient of lands and improvements from the U.S. Army for this 10,600- acre facility. The representation involves balancing economic opportunities with community concerns during the negotiation of land transfers, negotiating with the Army for concessions to upgrade or demolish existing structures prior to the property transfer, reviewing of any environmental concerns and related indemnities, negotiating and transferring utility agreements, and creating economic development assistance packages to encourage new users to locate to the depot.

Harris Beach was counsel to AXA Financial, Inc. regarding the relocation of hundreds of jobs to the city center as part of the acquisition of MONY Life Insurance Company.

For the last ten years, Harris Beach has been involved with the Renaissance of the city of Yonkers through economic development, providing counsel for the IDA, urban renewal, Empire Zone, Empowerment Zone, and Brownfield Cleanup Program projects. The work includes coordinating projects with the master plan, urban renewal plans, the local waterfront redevelopment plan, compliance with the State Environmental Quality Review Act, and project-specific needs. Projects include Phase I and II of the Collins waterfront housing projects for $170 million; FC Ratner development of Ridge Hill into a $800 million village-theme retail and housing development; and the Struever Fidelco Cappelli downtown development involving over $3 billion in new retail and commercial projects. These developments involve IDA benefits, Empowerment Zone benefits, Empire Zone, SEQRA, and land-use issues; Department of Transportation (DOT) coordination; and New Market Tax Credits; as well as pursuit and monitoring of project-specific state and federal funding. We are currently working on what could be the largest use of Tax Increment Financing (TIF) in New York state history.