Matters

Brooklyn Defenders Service – Leasehold Condo – Downtown Brooklyn

Represented Brooklyn Defenders Service in a leasehold condominium for a 31-year, 212,000-square-foot office lease across six full floors of in Downtown Brooklyn. The organization, which provides no-cost public defense in legal proceedings, will consolidate from multiple locations throughout the borough to this one Brooklyn location.

$450 Million – “Billionaires’ Row” Condo Offering Plan – NYC

Represented a joint venture with partners based in Israel and India in connection with $450 million offering plan on "Billionaires' Row" in Manhattan. 

64 University Place – Condo Offering Plan

Represented Bsafal Inc and Argo Real Estate in the condo offering plan for 64 University Place as well as in the contract negotiations for residential units at this luxury Manhattan mixed-use condo.

150 Unit Condo Offering Plan – Queens, NY

Represented developer in launch and condominium offering plan for a mixed-use condominium project in Flushing, Queens with total offering price of $135.5 million. 

Condominium Sales – Atlantic Yards – Brooklyn, NY

Represented a Chinese-based developer in addressing condominium matters for sale of multiple buildings in phased development in Brooklyn, NY. 

International Real Estate Developer – East Village, NY

Represented European-based developer in a new construction offering plan for a condominium development in New York City. 

Private Lender – Condo Inventory Loan – Manhattan

Represented a private lender in a condominium inventory loan in the Gramercy neighborhood of Manhattan.

$51 Million Manhattan Condominium Inventory Loan

Represented a private lender in a $51 million condominium inventory loan in New York City’s Financial District.

Summit Real Estate – Two Boutique Hotels NYC – Operations and Management Agreements

Represented Summit Real Estate Ltd. in the acquisition of the Gallivant Times Square New York and the Shoreham Hotel, two boutique hotels located in Manhattan, in partnership with a New York real estate operator, on operational agreements including hotel management agreements.

Northwind Group – $120 Million Financing for Manhattan Condo

Represented Northwind Group as the lender in connection with a $120 million mortgage and mezzanine refinancing for the 685 Fifth Avenue Condominium in the Midtown Manhattan. 

HOA Documents for Calyer Place – Greenpoint Waterfront – Brooklyn, NY

Represented the developer of a multi-site development in the amendment and restatement of Homeowners Association (HOA) documents and filings with the New York State Attorney General’s office.

Sell-Out of Condo Units – The Grand at Sky View Parc – Queens, NY

Represented Onex Real Estate in the sell-out of all remaining residential condo units at the Sky View Parc mega-development in Flushing, Queens.

Valley National Bank – $252 Million Construction Loan – Brooklyn, NY

Represented Valley National Bank on a $252 million syndicated construction loan for a property located in Coney Island, Brooklyn. The planned development includes a three-tower complex with 499 luxury rental units, 38,276 square feet of street-level retail space and 21,500 square feet of community facility space. This complex deal also involved series mortgages, zoning challenges, an amended and restated condominium declaration and a 421-a tax component.

Private Investment Fund $33.4 Million Construction Loan – Portland, CT

Represented private investment fund in a $33.4 million construction loan for a property in Portland, CT. The structure of local zoning approvals required the formation of a commercial condominium in order to separate the existing financed project and the additional collateral.

Real Estate Owner – Win in Significant Valuation Dispute

Represented a real estate owner in a bet-the-company dispute regarding the valuation of its capital contribution in a real estate venture. Herrick’s client owns property in North Carolina and contracted with a national developer to convey the site to joint venture entities for its phased development for residential, retail, hotel, and office use. A dispute arose concerning the proposed appraisal instructions governing the valuation designed to establish our client’s capital contribution. Namely, if the intended use of the property for affordable housing should be considered in ascertaining its fair market value. Following substantially varied party appraisals, the development agreement required baseball arbitration, including the appointment of an arbitrator to decide a dispute concerning the qualifications of a neutral appraiser and the selection of a neutral appraiser to determine the valuation of our client’s capital contribution. After submissions, discussions with party appraisers, and rounds of argument from counsel, the arbitrator sided with our client’s position on the qualifications of a neutral appraiser and the neutral appraiser selected our client’s appraisal—a valuation of more than fourteen million dollars more than the developer’s appraisal.

Private Lender – Condo Inventory Loan – Manhattan

Represented a private lender in a condominium inventory loan in the Kips Bay neighborhood of Manhattan.

Valley National Bank – $140 Million Syndicated Construction Loan for Manhattan Luxury Condo

Represented Valley National Bank on a $140.4 million syndicated construction loan to a subsidiary of El Ad Group, a major international development company. The proposed 32 story project consists of 42 residential luxury condo units located in the Upper East Side. Herrick was also responsible for negotiating an intercreditor agreement with the B-piece lender as well as a recognition agreement with the preferred equity lender.

Preferred Bank – $22 Million Loan for Affordable Housing – Jamaica, Queens

Represented Preferred Bank in a $22 million mortgage loan for a commercial condo retail unit in an affordable housing complex with a community center and parking facility in Jamaica, Queens.

Zeta Charter Schools – 25,000-Square-Foot Condominium Unit

Represented Zeta Charter Schools in connection with the negotiation of a lease for a to-be-built 25,000-sq.-ft. condominium unit in the Bronx, which will be occupied by them as a 3rd-8th grade charter school.

Not-for-Profit Corporation – Manhattan Leasehold Condo

Represented a major not-for-profit and an affiliate of Anbang Insurance Company for a full floor lease of 717 Fifth Avenue for 31 years. The lease will be converted to a leasehold condominium.

F&T Land Group – Tangram Development, Flushing, Queens

Represented F&T Group in the financing, development and construction of the Tangram development, an approximately 1.2-million-sq.-ft. mixed use project located in Flushing, Queens. Herrick assisted in the $230 million construction loan as well as in the filing of a condominium offering plan for a 48-unit office building, hotel, open air mail, movie theatre, restaurants and two residential buildings totaling 324 units.