A. Real Estate and Land Use – Firms selected would represent ESD on real estate and land use matters, including, but not limited to, the acquisition, sale, leasing, and licensing of real property and all negotiations related thereto; real estate development, including publicprivate partnerships; real estate financing; real estate taxation and tax exemption matters; national, regional and local land use matters; zoning and other land use controls; building and construction codes; compliance; enforcement of lease provisions; property maintenance; and title disputes. While ESD’s real estate and land use matters are predominately transactional or regulatory, experience handling real estate and land use disputes (pre-litigation and litigation) is also desirable. B. Construction – Firms selected would be asked to review and analyze contracts, specifications, purchase/job orders and change orders relating to construction and design projects; advise on procurement laws, payment/performance bonds and bid award process; and construction dispute resolution, including surety related issues, litigation and alternative dispute resolution procedures. C. Environmental – Firms selected would represent ESD on environmental law matters, including, but not limited to, compliance; regulatory matters; permitting; strategic advice; environmental reviews (under the State Environmental Quality Review Act, the National Environmental Policy Act, and the New York City Uniform Land Use Review Procedure); hazardous and solid waste management; environmental issues associated with the acquisition, disposition and development of real property subject to environmental contamination, brownfields regulation, or federal or state regulatory oversight or enforcement; historic preservation; and environmental litigation and administrative proceedings. D. Condemnation – Firms selected would represent ESD on matters involving condemnation (a/k/a eminent domain) and takings jurisprudence under the New York State Eminent Domain Procedure Law (“EDPL”), the New York and United States constitutions, and all applicable laws, regulations and procedures. In addition to providing general advice, the selected firms must be qualified to handle all aspects of condemnation practice, including drafting papers; holding public hearings; conducting property acquisition negotiations; working with real estate appraisers and other consultants; advising ESD on all related matters; and representing ESD in all relevant legal proceedings, including, but not limited to, challenges to ESD’s condemnation findings and/or statutory authority, tenant relocation assistance and claims, property vacate orders, valuation trials, and any appeals related to the foregoing litigation matters. E. Taxation – Firms selected would advise ESD on matters related to federal, state and local taxes and possible tax exemptions on various projects.
