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Jeffrey A. Leonard

Chair, Business Law Department
P (215) 665-4157

Herman C. Fala

Co-Chair, Real Estate
P (215) 665-4643

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      Real Estate

      Cozen O’Connor has a premier real estate practice, recognized nationwide for its capacity to complete multiparty cross-jurisdictional transactions and utilize the most current and sophisticated deal structures. Our attorneys represent REITs and other public companies, regional and national developers, owners, builders, managers, private equity funds, institutional investors, banks, and governments in all manner of real estate transaction. We have experience advising clients at every stage of the process from acquisition and development to disposition and disputes. We can execute complex real estate financings via senior debt, mezzanine debt, or structured finance as well as advise clients on partnering, leasing, zoning, and restructuring.

      In real estate, deal norms change from month to month, depending on the economic climate and marketplace. Because the real estate team at Cozen O’Connor are regularly involved in some of the nation’s largest transactions, we are fully aware of the latest trends in deal structure, regulation, profitability, leverage, and liability protections. Knowing “what’s market” allows us to calibrate our advice to maximize clients’ advantage under any circumstances.

      Our approach involves developing a deep and accurate understanding of our clients’ businesses, one that goes well beyond their immediate stated goals. We strive to understand, and then zero in on, the underlying financial and strategic motivation that drives every party in the transaction. A good lawyer does not simply draft documents and perform due diligence. A good lawyer also asks hard questions and listens. The better we understand the big picture, the more adept we can be at forging a new path when deals take an unexpected turn or external conditions change.

      Our attorneys are fluent in the financial concepts and formulas that underpin real estate investment, development and finance decisions. Recognizing that high-level negotiation is not an idle debate scored on the basis of points won and points lost, we focus instead on understanding the bottom-line financial impact of each negotiated issue. Many of the lawyers in our group have advanced training in mathematics, science, accounting, and finance, and the firm runs specialized internal programs on the business of real estate. We pride ourselves on our precise drafting of these formulas – we know that a real estate deal is only as good as the underlying documentation.

       

      SERVICES

      • Lead acquisition and disposition of all manner of real estate assets, from individual properties to national billion-dollar portfolios
      • Oversee project design, development, and construction of multi-use, multi-phase projects such as brownfields, office buildings and commercial or residential condominiums
      • Structure multi-party, tax-efficient transactions involving real estate development, investment, and financing (such as like-kind exchanges and tax-exempt REIT contributions)
      • Negotiate all types of debt financing on behalf of borrowers and lenders, including construction lending, bridge loans, securitized loans, structured finance, CDOs, mezzanine financing, loan sales, and capital-marketing financings
      • Arrange all facets of equity financing transactions, including joint ventures, syndications, formations of private equity funds, initial public offerings, and preferred equity transactions
      • Lead projects that involve significant public-private interaction in the form of government grants, loans, tax increment financing, and tax-free empowerment zones
      • Conduct office, retail, and industrial leasing throughout the U.S., including built-to-suit projects with large multinational companies
      • Advocate for clients regarding land use, zoning, special legislation, and other entitlements before public agencies and elected officials
      • Counsel hospitality industry leaders, including hotels, conference centers, and casinos, on matters ranging from management to franchise agreements to operations
      • Execute transactions involving hospitals, nursing homes, assisted living facilities, and medical office buildings
      • Negotiate workouts, foreclosures, evictions, deeds in lieu of foreclosure, restructurings of debt and equity, and acquisition of distressed debt

       

      CLIENTS

      • Commercial developers of retail, office, and industrial properties
      • Residential developers of single and multi-family properties
      • Global corporations
      • Hotel chains, shopping centers, health care facilities
      • Building management companies
      • Real Estate Investment Trusts (REITs)
      • Real estate investors, pension funds, and institutional investors
      • Banks, lending institutions, and real estate brokerage firms

       

      TEAM

      The Cozen O’Connor team is made up of noted real estate practitioners. Both the practice group and individual attorneys are ranked by Chambers & Partners, and Chambers USA recently designated one of our senior attorneys as a “star individual,” an honor shared by only ten real estate lawyers in the country. Other honors include fellowships in the American College of Real Estate Lawyers and recognized “deans” of the real estate bar. Moreover, many of our real estate lawyers have previous experience as in-house counsel, financial analysts, or accountants, which means they are adept at seeing things from a client perspective.

      During the last decade, many large law firms have made the decision to focus strictly on the finance side of the real estate industry. Cozen O’Connor has taken a markedly different approach. We continue to invest in building a full-service national real estate practice because we believe all participants in this sector deserve and demand the most sophisticated counsel. The recent recession has only served to underscore the centrality of real estate to our global economy. Where others may see limitations, we see opportunities.

      Experience

      Represented an affiliate of Arden Real Estate Partners I LP in its acquisition, in joint venture with affiliates of Carey Watermark and Marcus Hotels and Resorts, of the 372 room Atlanta Westin Perimeter Hotel. In less than thirty (30) days the team and our co-counsel negotiated and concluded the acquisition, joint venture, hotel management and franchise and loan documentation. Total acquisition and property committed property improvement costs were $57,000,000.


      Represented developer/landlord in the development and leasing of new regional headquarters for Glaxo SmithKline in the Philadelphia Navy Yard Corporate Center.


      Closed the $253 million sale of a Manhattan office building in our offices. The 389,000 square foot building, known as the HarperCollins Building, 10 East 53rd Street, was sold by an Italian pension fund to SL Green, the REIT that is the largest owner of New York office buildings.


      Represented Liberty Property Trust in the development, leasing and debt/equity financing of the $500,000,000 Comcast Center office tower in Philadelphia.


      Closed a $180 million construction loan with a syndicate led by Bank of America for our client, Atlantic Realty Development Co., for the development of a high-rise luxury rental project on Avenue of the Americas (a/k/a Sixth Ave.), two blocks south of Herald Square. At the time, this was one of the few projects in New York City fortunate enough to obtain construction financing, a tribute to the well-established track record and financial commitment of Atlantic Realty, a family-owned developer based in New Jersey embarking on its second ground-up development in Manhattan.


      Assisted national, publicly traded REIT in development and leasing of retail center appurtenant to 1.3 million square foot office complex. Handled all aspects of the transaction, including condominiumization of the retail and public components of the development, negotiating and documenting complex easement and cost sharing agreements among the various parties to the development, and negotiating leases with all retail tenants.


      Represented GE Asset Management in the sale of individual buildings and development properties in Raleigh, North Carolina.


      Represented a borrower in a $230MM commercial mortgage-backed securities loan secured by a regional shopping mall.


      Served as lead counsel for redevelopment of Center City office building and bank facility into the $100,000,000, 330 room Philadelphia Ritz-Carlton Hotel. Principal responsibilities included structuring, negotiating and documenting equity participation, hotel management and project construction and permanent debt financing.


      Assisted a national health and fitness center operator in negotiating leases for space in many shopping centers nationwide as part of a national expansion program. The premises leased included in-line space, anchor stores and stand alone buildings on outparcels. Our services typically also included the review of title and other due diligence materials, as well as the review and negotiation of complicated declarations of reciprocal easements, covenants and restrictions. With regard to New York City locations, our land-use attorneys represented the client in obtaining the necessary special permits or zoning variances.


      Represented the developer of the Wachovia Center in Philadelphia, home arena of the Sixers and the Flyers, in a multi-hundred-million project finance of the development of the facility.


      Represented a major international bank in connection with the increase and modification of a construction loan. The aggregate loan proceeds, in excess of $80MM, were funded for the renovation of an existing midtown (New York City) south residential building and its conversion to operation as a hotel.


      Represented a major international bank and a German bank, as lead lenders in connection with a syndicated acquisition and development loan in excess of $400MM.


      Represented a major international bank as a lead lender for a syndicate of lenders in connection with a construction loan of approximately $168MM to be advanced for the renovation, repositioning and reconstruction of an existing retail center located in Hampton, Virginia.


      Represented a major international bank, as agent for a syndicate of lenders, in connection with the conversion of a construction loan in the approximate principal amount of $150MM into a loan secured by the unsold shares in a newly-constructed leasehold cooperative apartment building in New York City.


      Represented a major international bank and a syndicate of lenders in a loan of approximately $318MM for the construction of a resort hotel and spa outside San Antonio, Texas.


      Represented a major international bank as a lead lender for a syndicate of lenders in connection with a $103MM construction loan to be advanced in connection with the construction of an eleven-story office building of approximately 321,000 square feet located in Washington, D.C.


      Sourced, structured and closed $85,000,000 debt financing and $132,000,000 recapitalization with $45,000,000 equity infusion for 6 asset, 1650 unit multifamily apartment portfolio. Responsible for identification and selection of debt and equity providers and all aspects of the transactions from term sheets through closing.


      Represented Duane Reade in all of its New York and New Jersey real estate matters.


      Assisted our client, GE Asset Managment, in the sale of equity interests in an entity that owned Wellington Apartment Complex located in Arlington, Virginia.


      Represented GE Asset Management, in the sale of Riverwood 100, office building located in Cobb County, Georgia which sold for $80 million.


      Represented the borrower in the construction loan financing for development of retail shopping center known as Oxford Commons, located in Oxford, PA.


      Represented the seller in the sale of equity interests in Benjamin Franklin Apartment Building, Philadelphia, PA.


      Represented GE Asset Management, in the sale of equity interests in the entity that owned office buildings known as Metro Place located in Fairfax County, Virginia.


      Represented landlord in lease of shopping center development parcel to Wawa Inc.


      Sourced, structured and closed $50,000,000 and $75,000,000 joint venture equity programs for investment in multifamily properties with New York investment bank and government sponsored agency and national insurance company; established an additional $80,000,000 of joint venture equity relationships with opportunity funds and fund managers for investment in multifamily properties.


      Sourced, evaluated and structured off market acquisition of $50,000,000, 4 asset, 550 unit multifamily portfolio. Responsible for identification of assets, presentation to and approval by joint venture equity partner, assumption of asset based debt financing and all aspects of due diligence and closing of the transaction.


      Sourced, evaluated and structured acquisition and financing of $400,000,000, 15 asset, 6100 unit multifamily apartment portfolio. Responsible for identification of assets and financial partners, structuring acquisition offer and joint venture equity and debt financing, negotiation and legal documentation of acquisition and equity and debt transactions, underwriting of assets and management of due diligence and closing processes.


      Structured and negotiated acquisition and equity and debt financing of a $20,000,000, 1,800,000 square foot, industrial and office facility, Tinicum Township, Pennsylvania. Responsible for evaluation and underwriting of transaction, due diligence and closing processes, negotiation and documentation of acquisition, joint venture equity and debt financing transactions and management arrangements.


      Served as the lead counsel for developer of the 300 room Lancaster Marriott Convention Center Hotel and 90,000 SF Lancaster County Convention Center. Principal responsibilities included negotiation of joint development and operating documents with the Lancaster County Convention Center Authority and advising on multiple equity and debt financing arrangements, including historic tax credit and public financing segments.


      Served as lead counsel for redevelopment of the Reading Terminal HeadHouse, Philadelphia, Pennsylvania, an $80,000,000, tax credit assisted urban redevelopment project for The Redevelopment Authority of the City of Philadelphia. Principal responsibilities included structuring and negotiating the redevelopment and equity and debt financing program for the project including public area, retail and hotel components, condominium structure, construction and permanent financings and historic tax credit investment.


      Served as lead counsel for development of the $75,000,000, 500 room Sheraton Atlantic City Convention Center Hotel. Principal responsibilities included the structuring, negotiation and completion of the joint venture equity and debt financing among the project participants including a private investor, Caesars Atlantic City, Fleet Bank, New Jersey Casino Reinvestment Development Authority, Doubletree Hotels Corporation and Sheraton Hotels Corporation.


      Served as lead counsel for acquisition of portfolios of multifamily residential apartments in the Mid-Atlantic and Southeastern United States, aggregating $500,000,000. Principal responsibilities included structuring, negotiation, documentation and closing of the acquisition, joint venture equity, bridge loan and permanent financing transactions.


      Served as counsel to investors in urban and suburban office properties valued at over $400,000,000. Principal responsibilities included structuring, negotiation, documentation and closing of property acquisitions and equity, interim and permanent debt financing and negotiation of major leases.


      Served as counsel to developer of neighborhood and power shopping centers in suburban Philadelphia and Southern New Jersey valued at over $250,000,000. Principal responsibilities included negotiation, documentation and closing of land acquisition, construction financing, and leasing and related transactions with tenants and owner occupants.


      Represented a financial institution/investor in the restructuring of many real estate joint ventures involving dozens of properties nationally and approximately $500M of assets.


      Led a team of Real Estate lawyers who represented the Commonwealth of Pennsylvania in closing the transactions for the development of a new $140 million Family Court Building at 15th & Arch in Philadelphia. This was a multi-faceted transaction involving many state and local government agencies.


      Represented Upper Uwchlan Township in the Route 100 by-pass road project about 2 miles from the Route 100 exit of the Pennsylvania Turnpike. This project also included the acquisition of rights-of way via negotiated agreements and/or condemnations.


      Represented Towamencin Township in the Forty Foot Road and Sumneytown Pike Road improvement projects that began in the late 1990's. The projects included the acquisition of rights-of way via negotiated agreements and/or condemnations. These improvements are located near the Lansdale Exit of the Northeast Extension of the Pennsylvania Turnpike.


      Led the effort to overcome title issues through grants from the New York State Office of Governmental Services and Westchester County and to negotiate and close pre-development financing and mezzanine debt with a Japanese financial partner for the Davids Island Project (the multifaceted development of an island in the Long Island Sound off the coast of New Rochelle), which is owned by the City of New Rochelle. Participated, through and with the developer’s local representative, in seeking a bridge permit from the Coast Guard, seeking to acquire Con Edison’s fee title in exchange for an easement (or to take the fee title through eminent domain, in consultation with special condemnation counsel to the project.


      Handled the Queens West Waterfront Development Project, a joint project of the state, city and the port authority of New York and New Jersey, which is being developed on a 74-acre waterfront site directly across the East River from the United Nations, at Hunters Point, Queens. It is a mixed-use project to include residential and commercial uses, and comprises 14 development parcels to be leased to private developers, totaling 9.3 million square feet, and 19+ acres of parkland.


      Represented Oliver Tyrone Pulver Corp. in Conshohocken, PA and West Conshohocken, PA, in riverfront development since 1987. The project included PA redevelopment and condemnations, about 1.5 million square feet of office space, and two Marriott Hotels


      Handled the redevelopment of the former 500,00 square foot Radio Corporation of America "Nipper Building" in Camden, NJ into 300-unit luxury apartment complex.


      Handled the redevelopment of the former 67-acre Stop & Shop North Haven, CT facility.


      Represented a client in connection with the acquisition of six multifamily apartment complexes in the Southeast and the structuring of a joint venture arrangement between the firm’s client and the seller of the properties.


      Represented the developer of a 500,000 square foot office/hotel project in suburban Philadelphia in connection with the receipt of all land-use and development approvals.


      Handled the acquisition of the former IBM plant in East Fishkill, NY, which included more than one-million square feet of space with plans to build 600,000 square feet and an investment of $300 million to $400 million in the project for our client, Assisted Preferred Real Estate Investments, Inc. (who took title under the entity name of PREI Hopewell Junction Associates, L.P.).


      Remediated and redeveloped the contaminated 10-acre Campbell’s Soup riverfront manufacturing site in Camden, NJ into a state-of-the-art minor league baseball stadium.


      Handled the redevelopment of the former 391-acre Ingersoll-Rand Phillipsburg, NJ facility into a multi-tenant industrial park.


      Represented a regional drugstore chain in all of its real estate-related matters, which representation has included the acquisition of a 30-store chain.


      Redeveloped the former American Standard facility in Hamilton, NJ into commercial and residential mixed use.


      Converted Ford Electronics/North Penn No. 7 Site, a 35-acre former industrial site in Lansdale, PA, into a mixed-use transit-oriented redevelopment.


      Developed a cleanup agreement with PADEP and proposed development for Pennsylvania Turnpike Commission Service Plazas - a 21-site project.


      Converted Taylor Landfill, a 10-acre former landfill in Wheatland, PA, into municipal parkland.


      Converted PECO Generating Station, a 90-acre, Chester, PA site, into adaptive commercial re-use of Delaware River site.


      Remediated and converted a closed municipal landfill, the 8-acre Glassboro, NJ Landfill, which is proposed for redevelopment into an age-restricted residential development.


      Obtained a significant land development approval for a 14-building, seven-phase project in Lower Gwynedd Township, PA, for our client, Ortho-McNeil, a subsidiary of Johnson & Johnson.


      Handled the redevelopment of the former 261-acre Texas Instruments Attleboro, MA facility into a mixed-use commercial office park.


      Represented HSBC Bank in a construction loan closing. The transaction consisted of an $80 million multi-lender construction loan for a $153 million, 320,000 sq. ft. mixed use project in Queens, New York, which included a senior loan, building loan and project loan. The three-loan structure is a creature of the unique requirements of New York’s statutory treatment of mechanic lien priority. The site itself is a complicated combination of a Hyatt Hotel, residential apartments that share certain hotel amenities, first-floor retail space, office space, community facility space and a multi-level garage.


      Represented a joint venture owning a super regional shopping center in one of the largest commercial mortgage-backed securities (CMBS) loans closed in 2010.


      Represented a nationally known private equity fund in the overhaul of a distressed portfolio of national real estate assets involving the restructuring of several hundred million dollars of senior debt and recourse guaranties, and extensive modification of the internal equity structure of scores ownership entities.


      Represented a private equity fund in acquiring a loan secured by a failed residential high-rise condominium development in the Southeast United States.


      Represented a private equity fund in acquiring a distressed loan secured by a major office building in the Southeast United States and a contemporaneous deed in lieu transaction.


      Represented the buyer of a loan secured by a failed residential condominium development in the Philadelphia, Pennsylvania area.


      Represented a lender making a loan in connection with a major mixed use development in the Cleveland, Ohio area.


      Represented the developer of a New York residential condominium development in connection with a work/out restructuring of three loans.


      Represented private equity client in connection with a $15 million loan secured by (I) multiple real estate parcels, (II) pledge of membership interests, (III) pledge of cash collateral account held by third party, and (IV) a personal guaranty. Proceeds of this loan were utilized, together with proceeds of other private/institutional lenders and bond offerings to develop a multi-use project in Cleveland, OH.


      Represented a large Connecticut-based developer in the sale of federal historic tax credits and the related construction loan refinancing to convert an abandoned warehouse into a 235-unit residential apartment building. We also handled the later $30 million refinancing of the project with Freddie Mac as part of its capital markets execution program for large multifamily loans.


      Represented a family and their real estate entity in two transitions in which they disposed of approximately $700 million of commercial real property to two separate REITs


      Represented a major regional shopping center developer and owner in two unsuccessful transactions involving the disposition of their real estate portfolio to a company and later to a REIT. We have continued to represent them in connection with two new REIT acquisition proposals. The value of their portfolio is in excess of $150 million.


      Represented a large trust in connection with the disposition of properties to a variety of UPREITs in exchange for units.


      Advised a client regarding their closely-held REIT and certain real estate acquisitions that cannot be made through the Fund because of concerns about the tax on the unrelated business taxable income of otherwise tax-exempt entities.


      Represented a client in connection with its acquisition a private REIT which owns shopping malls. This was largely a cashless transaction. The REIT is in the process of being liquidated.


      Represented a client in connection with the acquisition and liquidation of a private REIT that owned a Texas shopping center.


      Represented the owners of about ten office/light industrial properties in the contribution of those properties to a partnership in exchange for REIT units.


      Represented a REIT in connection with certain real estate matters and, in connection with those matters, were involved in the application of the REIT rules to the transactions.


      Represented a client that disposed of a number of office properties in contribution transactions to a REIT based in Memphis, TN.


      Represented a client that had a privately held REIT as its equity partner in connection with its relations with that entity, the operation of its business to conform to the REIT requirements in its LP Agreement, and the redemption of that entity.


      Represented the Miller family entity in connection settling claims against the Simon REIT and entering into a joint venture with a subsidiary of Simon to own a shopping center.


      Represented Acorn Properties in selling office properties to Equity Office Properties Trust.


      Handled an initial public offering for EQK Realty Investors.


      Represented seller of property to a REIT in an "upreit" transaction –where the seller took back OP Units in the REIT.


      Represented the Special Committee (independent directors) of the Board of Directors of a few REITS when they negotiated related party transactions; e.g., internalizing management by terminating the management contract with the external company controlled by REIT management (interested directors.)


      Assisted a Virginia-based developer in the development of a grocery anchored shopping center in Virginia. Negotiated grocery store lease as well as leases for in-line tenants and outparcels for national restaurant and drug store chain, together with office and residential users. Handled the satisfaction of various title, survey, easement and site plan complexities.


      Assisted a Florida-based developer in the development of retail outparcel in a large regional big box retail shopping center. Negotiated the amendment of a master declaration affecting the property to permit the use and variances necessary to construct and reconfigure signage, access, utilities and other easements necessary to develop the site. Assisted in all matters of title, acquisition, construction and permanent financing and the entitlement process.


      Assisted a Pennsylvania-based developer in the development and leasing in Pennsylvania and New Jersey of multiple big box shopping centers anchored by national retailers such as Wal-Mart, Lowe’s and Home Depot. Our representation included the acquisition and financing of the centers, the negotiation of anchor and in-line leases, and the negotiation of agreements vesting easements, covenants and restrictions.


      Assisted a large, regional retail bank in its aggressive program to open multiple new branches throughout the New York City metropolitan area. Sites ranged from first floor retail spaces in Manhattan high-rises to pads in outer-borough shopping centers to free standing buildings in Staten Island and New Jersey.


      Assisted an internationally known, European mono-brand retailer in its U.S. leasing program in both the highest end retail centers for current merchandise and off-price centers for after-season merchandise liquidation. Centers include the Forum Shops in Las Vegas, Royal Hawaiian Shopping Center, Tyson’s Galleria in Virginia and Woodbury Common in New York.


      Assisted in a general, large scale development plan involving rezoning, special permits and siting of a public school in connection with plans to construct a 170 square foot mixed-residential, commercial and community facility building and public parking garage.


      Handled an application before the Board of Standards & Appeals to permit the construction of a 220 square foot residential building over extensive community opposition and controversy over the underlying zoning calculations for the design.


      Handled the authorization of the conversion of a former manufacturing building in a historic district by the Landmarks Preservation Commission and City Planning Commission into 91 units of housing.


      Obtained special permits and Waterfront Certification to permit construction of a 300 square foot. mixed building complex including 140 units of affordable housing and a new public park.


      Handled a general large scale development plan amendment to facilitate the acquisition of vacant land and development rights from the New York City Housing Authority for the development of three phases of affordable housing.


      Handled the foreclosure of a major, urban, residential, high-rise condominium project in which out-sales had already taken place, assisting the lender in matters related to the condominium association and in preparing a new public offering statement for outsales.


      Defended a foreclosure and negotiated and structured a workout related to a 400 unit residential phased development.


      Handled a foreclosure on an iconic urban office building and negotiating and documenting an assignment of sheriff's sale bid.


      Represented a borrower in structuring a deed in lieu transaction (in the context of a confirmed bankruptcy plan) to facilitate a §1031 deferred exchange.


      Negotiated and documented a workout in which the borrower provided additional collateral consisting of a 50 percent interest in a shopping mall and then acquiring such interest in a subsequent workout.


      Represented a major financial institution in restructuring numerous real estate joint ventures involving in excess of $400 million in the aggregate.


      Represented an institutional investor in the restructuring of significant portions of a multibillion dollar real estate portfolio.


      Handled the sale of equity interests in entity that owned Wellington Apartment Complex located in Arlington, Virginia.


      Won a motion for summary judgment in the United States District Court for the Eastern District of New York on behalf of our client, the Republic of Senegal. The plaintiff was a broker, who claimed a commission for the $24.5 million purchase of the site of the future embassy and mission on East 44th Street near the United Nations.


      Represented New Millennium Estates Ltd., in the sale of 10 East 53rd Street New York, New York for Italian Pension Fund.


      Represented Government of the Republic of Senegal, in the development of the site for the Senegal Mission to UN and Consulate.


      Represented IRSA International, Inc. in the Argentina/US Domino Sugar Development Site; however, the transaction did not close.


      Represented Mark Knopfler, in the lease of investment property at 36 Bank Street, New York, New York for a U.K. Investor.


      Represented Xin Zhang (Soho China), in the China/U.S. purchase of New York home for Chinese Developer.


      Represented FNMA DUS lender in connection with the origination of commercial mortgage loans secured by multi-family properties throughout the country.


      Represented a real estate investment trust in connection with the acquisition of whole loans, participations, A/B notes and mezzanine interests and has experience in negotiating both intercreditor and participation agreements.


      Represented an institutional investor in connection with $213 million sale leaseback transaction involving 65 restaurant properties in 20 states. The representation included lease negotiations, acquisition diligence and the ultimate disposition of the properties.


      Represented the structuring advisor in connection with two consecutive sale leaseback transactions involving more than 100 retail auto parts stores located across the country.


      Represented a private equity fund in the restructuring of approximately $400,000,000 of distressed debt and equity capital in numerous joint ventures nationally.


      Represented a large Philadelphia-based developer in the restructuring of a joint venture agreement for an existing multifamily apartment project located in Baltimore, which included the contribution of $9 million of additional equity by a new preferred equity investor.


      Represented a national developer in the work-out of a defaulted $35 million construction loan with respect to a failed Florida condominium project and the negotiation of a related partnership restructuring with the developer's joint venture partner.


      Represented a large private equity fund in obtaining permanent financing for a North Carolina-based joint venture in order to refinance approximately $30 million of preferred equity.


      Served as primary real estate counsel to DCO-Energenics in connection with the ground leasing of sites for the installation of co-generation facilities and energy plants serving casino resorts, college campuses and urban areas in the Northeast.


      Represented the Pennsylvania Turnpike Commission in connection with the drafting, negotiation and execution of a Lease and Funding Agreement with the Pennsylvania Department of Transportation (PennDOT), under which the Turnpike Commission leased Interstate Route I-80 from PennDOT – a unique and innovative public-public partnership that will provide $83 billion in funding for road and bridge improvements, as well as mass transit, over the next 50 years.


      Served as primary outside counsel for the Port Imperial Ferry, both in negotiating a ferry service agreement with the Port Authority of New York and New Jersey to relieve crowding on the Hoboken PATH line (including licenses for landing facilities in both Battery Park City and Hoboken), and in drafting and negotiating various licenses and leases relating to landing facilities and terminals on both the New York and New Jersey shores of the Hudson River.


      Represented the owner of a portfolio of multi-family properties in connection with the sale of fifteen apartment complexes located primarily in Pennsylvania, and elsewhere on the East Coast, for a purchase price of approximately $150 million.


      Prosecuted Board of Standards and Appeals variance applications that enabled the conversion and enlargement of three manufacturing buildings in Brooklyn's Fulton Ferry Historic District and the conversion of a 70,000-square foot warehouse to residential use.


      Secured Landmarks Preservation Commission approval for the demolition of a non-contributing, low-rise structure and replacement with a 19-story, glass, contemporary landmark building in Manhattan's Madison Square North Historic District.


      Drafted Uniform Land Use Review application, transactional documents and other supporting material to facilitate the transfer of air rights from city-owned parcel to development site in downtown Brooklyn.


      Prepared chair certification and special permit applications to the City Planning Commission for approval of the landscape plan and special permit waiver of the maximum height limit for a development on a full square block along the Greenpoint waterfront.


      Guided development team through special permitting process for the demolition and replacement of landmarked parking garage with state-of-the-art facility.


      Worked with code consultant and architect to secure agency approvals from the Department of Buildings and Fire Department for a three-acre site with private roads on the Staten Island waterfront. Prepared chair certification and authorization applications to the City Planning Commission for approval of the landscape plan. Coordinated zoning compliance for project team and facilitated transfer of property from the City of New York to developer client.


      Represented SL Green Realty Corp., a publicly traded REIT and the largest commercial landlord in New York City, in the acquisition of a 9,650 square foot retail cooperative apartment at 747 Madison Avenue in Manhattan for a purchase price of $66 million.


      Represented a real estate investment management firm in its investment in and financing of the majority interest in a $2.5 billion joint venture formed to develop or redevelop a portfolio of 93 assets on 42 development sites located throughout the greater Washington, D.C., metro area, as office, retail, hotel and multifamily residential.


      Handled all aspects of the acquisitions of portfolios of office and industrial properties in Minnesota and Arizona, some by purchase of defaulted loans.


      Attorneys

      Arthur J. Abramowitz Member Cherry Hill (856) 910-5004
      Christian G. Beltz Member New York (212) 883-4941
      Richard H. Berney Member New York (212) 453-3847
      Michael E. Botos Member West Palm Beach (561) 515-5259
      Simeon D. Brier Member Miami (305) 704-5942
      Howard M. Brown Member West Conshohocken (610) 832-8362
      James S. Burns Of Counsel Philadelphia (215) 665-2000
      William F. Davis Member New York (212) 883-4947
      Herman C. Fala Co-Chair, Real Estate Philadelphia (215) 665-4643
      Anthony Faranda-Diedrich Member Philadelphia (215) 665-2736
      Kenneth K. Fisher Member New York (212) 883-4962
      Peter J. Fontaine Co-Chair, Energy, Environmental & Public Utilities Philadelphia (215) 665-2723
      Kevin Golden Associate Philadelphia (215) 665-2133
      Lindsay A. Gold Associate New York (212) 297-2665
      Howard Grossman Member Philadelphia (215) 665-4176
      Edward L. Harris, Jr. Member New York (212) 453-3789
      Susan S. Healey Member Philadelphia (215) 665-4188
      James H. Heller Chair, Products Liability Philadelphia (215) 665-2189
      Marc S. Intriligator Member New York (212) 453-3801
      Menachem J. Kastner Member New York (212) 453-3811
      Elizabeth E. Kearney Member Philadelphia (215) 665-4169
      Vivien Krieger Associate New York (212) 883-2228
      Bernard Lee Member Philadelphia (215) 665-6961
      Jeffrey A. Leonard Chair, Business Law Department Philadelphia (215) 665-4157
      Rachel Lewis Associate Philadelphia (215) 665 2151
      Jennifer M. McHugh Member West Conshohocken (610) 941-2366
      Stacy A. Mitchell Member Cherry Hill (856) 910-5006
      Tracey B. Nguyen Member Philadelphia (215) 665-2067
      Forrest T. Passerin Member Philadelphia (215) 665-2765
      Jennifer E. Pope Associate New York (212) 883-4933
      Christopher J. Preate Member Philadelphia (215) 665-6951
      Paul J. Proulx Member New York (212) 883-4944
      Richard S. Roisman Member Philadelphia (215) 665-5543
      Richard Salomon Member New York (212) 883-4952
      Gerald N. Schrager Of Counsel New York (212) 453-3872
      John P. Schwartz Member Philadelphia (215) 665-4604
      Adam M. Silverman Member Philadelphia (215) 665-2161
      Robert A. Silverman Member Philadelphia (215) 665-4620
      Benjamin Suckewer Member New York (212) 453-3894
      R. David Walker Associate Philadelphia (215) 665-7214
      Matthew I. Weinstein Member Philadelphia (215) 665-4199
      Ross Weiss Office Managing Partner West Conshohocken (610) 941-2361
      Abby M. Wenzel Office Managing Partner New York (212) 883-4997
      James R. Williams Member Philadelphia (215) 665-4698
      Thomas P. Witt Member Philadelphia (215) 665-5578

      Publications


      Escalations and Rents - the Defensive Side of the Voluntary Payment Doctrine [New York Law Journal]

      April 18, 2013

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      Senator Charles McIlhinney Plans to Introduce Bill to Reform Pennsylvania's Building Code Adoption Process [Energy, Environmental and Utilities Alert]

      April 16, 2013

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      A Supplemental Whitepaper Addressing Sandy's Impact on Commercial and Residential Property Owners and Construction Companies [Cozen O'Connor Whitepaper]

      January 23, 2013

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      Fiscal Cliff Act Impacts on Energy Efficiency Credits [Real Estate Alert]

      January 07, 2013

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      The Push for a Greener Philadelphia: City Adopts New Energy Benchmarking Requirements for Owners of Large Commercial Buildings [Real Estate Alert]

      December 14, 2012

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      Leases and Licenses Grow Increasingly Indistinguishable

      February 01, 2012

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      Events & Seminars

      Financeable Ground Leases & Leasehold Mortgages Webinar 05/14/2013
      Air Rights Innovations: Using TDRs to Achieve Policy Goals New York, NY 12/13/2012
      Hot Topics Review: Legal Issues Affecting Property Management in Complex Times New York, New York 11/29/2012
      PLI’s 14th Annual Commercial Real Estate Institute New York, New York 11/26/2012
      PLI's 14th Annual Commercial Real Estate Institute Chicago, IL 10/29/2012
      Intelligent Jobsites Conference "Construction's Technological Revolution" New York, New York 10/19/2012
      Land Use and Zoning 101 Philadelphia, PA 10/17/2012
      Financeable Ground Leases and Leasehold Mortgages Webinar 06/26/2012
      Future of South Philly & the Navy Yard Philadelphia, PA 06/21/2012
      Realistic Solutions to Financing the Reduction of Building Energy Loads Combined with Compliance with NYC Local Laws New York, New York 04/19/2012
      2011 ICSC U.S. Shopping Center Law Conference Phoenix, AZ 10/26/2011
      Investing in Distressed Real Estate: Risks and Rewards St. Davids, PA 05/18/2011
      CPI Planning Classroom: Session Two, How Zoning is a Good Tool of Planning Philadelphia, PA 05/05/2011
      Developing the 21st Century: Land Use, Construction Law, and Project Finance in the Built Environment New York, NY 01/25/2011
      Land Use: Recent Developments In Zoning, Land Use And Building Controls New York, NY 11/08/2010
      New York City Bar, Committee on Land Use, Planning & Zoning: “Community Benefit Agreements: Time For Reform?” New York, NY 05/17/2010
      Distressed Commercial Mortgage Loans: From Acquisition Through Foreclosure Philadelphia, PA 06/02/2009

      In The News


      Tom Gallagher Quoted in Wall Street Journal on Ending REIT Tax Exemption

      April 24, 2013

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      Ken Fisher quoted in City & State

      October 16, 2012

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      Ken Fisher featured in The Commercial Observer

      August 09, 2012

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      Cozen O’Connor Earns Client Recognition in 2010 Chambers USA Rankings

      June 18, 2010

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      Related Practice Areas

      Brownfields Development

      Distressed Real Estate

      Eminent Domain

      Office/Retail/Industrial Leasing & Development

      Real Estate Finance

      Real Estate Litigation

      Tax

      Zoning, Land Use & Development

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