Retail Real Estate in New York State

Our work supporting the retail industry is a cornerstone of the Harris Beach commercial real estate practice. Our retail clients include major regional malls with signature stores, grocery-anchored shopping centers, power centers, outparcel tenants and preferred developers.

We represent retail tenants and landlords in the negotiation and execution of shopping center

and standalone retail store leases (space and ground leases), access and signage rights, traffic impacts and line of sight matters. We also represent major retailers in class action lawsuits involving wage and hour disputes.

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 representation and design.

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, all types of municipal agreements, developer agreements with municipalities for the site and access to sewer and water, highway access and occupancy, construction and permanent financing, and property dispositions

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 any operational issues

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

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

Environmental Matters

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 stakeholders on environmentally sensitive projects in order to assuage concerns and facilitate the timely and successful completion of the SEQR process

Energy

Consulting with developers, landlords and tenants on sustainability building initiatives and requirements and 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

Public Finance and Economic Development Incentives

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

Construction and Surety Law

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

Litigation

Litigating contracts, leases, condemnation claims, tax certiorari proceedings, land use challenges and bankruptcy matters

Acquisitions and financing of properties in connection with ground up and existing retail, recreational, industrial and multi-family properties.
Draft and negotiate commercial leases and reciprocal easement agreements.
Lease enforcement actions, evictions, mortgage foreclosures and bankruptcies.
Obtaining zoning approvals for regional and national retailers in Babylon, Brookhaven, Islip, Riverhead, Smithtown and a number of Long Island villages.
Obtaining zoning approvals for gasoline stations and convenience stores to be co-located with fast-food restaurants, with and without accessory drive-thru uses.
We represented a real estate development company in its acquisition by a publicly traded Real Estate Investment Trust (REIT) in a $2.3 billion transaction.
Our attorneys represented a leading international big box retailer in facilitating a partnership with NYSERDA on Renewable Portfolio Standard incentives for rooftop solar installations on their stores in eight states from Maine to Virginia.
We assisted a retail client in a $20,000,000 construction and project loan for redevelopment of an existing retail mall.

Leader(s)

Team

Michael E. Condon

Member

(585) 419-8603

mcondon@harrisbeach.com

Melanie C. Marotto

Member

(716) 200-5230

mmarotto@harrisbeach.com

Kevin L. Overton

Member

(585) 419-8729

koverton@harrisbeach.com

Charles (Chip) W. Russell

Member

(585) 419-8635

crussell@harrisbeach.com

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Retail Real Estate in New York State

Service

Zoning, Land Use and Reciprocal Easement Agreements