main content

Harris Beach PLLC Discover True Engagement image

People

About
  • About Harris Beach
  • Offices
  • Inclusion and Diversity
  • Community and Pro Bono
  • Lateral Opportunities
Careers
  • Careers at Harris Beach
  • Lateral Opportunities

Contact Us

Subsidiaries
  • HB Cornerstone
  • HB Solutions
  • Caetra.io
Industries
Legal Practices
Resources
Automotive and Vehicle Dealerships
Blockchain and Digital Assets
Cannabis
Construction and Surety
Education, K-12
EMS and Fire Protection Providers
Energy
Energy Industry Team
Sectors
Residential Electrical Submetering
Renewable Energy
Financial Institutions and Capital Markets
Food and Beverage
Food and Beverage Industry Team
Sectors
Nutritional Supplements
Health Care
Health Care Industry Team
Sectors
Long-Term Care
Higher Education
Industrial and Consumer Manufacturing
Medical and Life Sciences
Medical and Life Sciences Industry Team
Sectors
Long-Term Care
Nutritional Supplements
Pharmacy Law
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Real Estate Developers Industry Team
Sectors
Retail Real Estate in New York State
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems – Drones
Veterinary Medicine
  • Alternative Dispute Resolution
  • Appellate
  • Business and Commercial Litigation
  • Collections
  • Commercial Real Estate
  • Corporate
  • Cybersecurity Protection and Response
  • Diversity Compliance
  • E-Discovery (e-info℠)
  • Employee Benefits
  • Environmental
  • Environmental, Social and Governance (ESG)
  • Financial Restructuring, Bankruptcy and Creditors’ Rights
  • Foreclosure
  • Government Compliance and Investigations
  • Immigration
  • Insurance Coverage
  • Intellectual Property
  • International Trade
  • Internet Commerce
  • Labor and Employment
  • Mass Torts and Industry-Wide Litigation
  • Political Law
  • Product Liability and Comprehensive General Liability
  • Public Finance and Economic Development
  • Residential Real Estate
  • Tax
  • Wills, Trusts and Estates
  • Insights
  • News
  • Events
  • Covid-19 Resources

Retail Real Estate in New York State

Service

Profile
Services
Experience
People

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 Condon

Michael E. Condon

Member
(585) 419-8603
mcondon@harrisbeach.com
Melanie Marotto

Melanie C. Marotto

Member
(716) 200-5230
mmarotto@harrisbeach.com
Kevin Overton

Kevin L. Overton

Member
(585) 419-8729
koverton@harrisbeach.com
Charles Russell

Charles (Chip) W. Russell

Member
(585) 419-8635
crussell@harrisbeach.com
Harris Beach PLLC, Attorneys at Law, Discover True Engagement

Contact us

  • Privacy Policy
  • Legal Disclaimer
  • Site Map

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2023 Harris Beach PLLC

Twitter Facebook Linkedin Instagram
Make a Payment
MAke a Payment
TRUSTe
Harris Beach PLLC Discover True Engagement image

Retail Real Estate in New York State

Service

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.

 

■ All Services

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

■ People

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

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of April 2, 2023 5:08 am
Cookies
This website uses cookies as specified in our privacy policy. You consent to the use of cookies by clicking accept or by using our site. We do not sell your personal information.
.
Cookie settingsACCEPT
Manage cookies

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT