Real Estate

Gonzalez Saggio & Harlan’s Real Estate Group attorneys have experience in all facets of real estate law and commercial and residential real estate transactions, with further experience in environmental law. From single-asset transactions to the largest multisite deals, Gonzalez Saggio & Harlan’s Real Estate Group provides a broad range of legal proficiency, experience and practical knowledge to its clients across a broad range of issues relating to real property. In addition, our real estate litigation attorneys bring suits to quiet title, defend financial institutions and title companies on lien priority matters and act on behalf of banks and financial institutions in foreclosure actions.

Our practice is national in scope. Our real estate clients value our national reach because, unlike most minority-owned law firms in the country, we have the capacity to provide counsel in several jurisdictions. Our lawyers pride themselves on working together seamlessly to complete multi-jurisdictional transactions. Also, unique to our Real Estate Group is the capacity to act as counsel in public/private partnership infrastructure transactions. From structuring formation to closing, we represent government on difficult projects involving the privatization of public assets. Our attorneys represent Fortune 100/500 corporate entities, state and local government and government agencies, partnerships, not-for-profits, condominium associations, small businesses, entrepreneurs, financial/banking institutions, and developers in the business of financing, developing, owning, managing and operating real estate assets.

Our services include:

• Acquisitions and Dispositions
• Development & Construction, including AIA Forms
• Development Financing, including TIF, LIHTC, NMTC and HOME
• Real Estate Backed Financings
• Complex Commercial Leasing (Tenant and Landlord Representation)
• Workouts & Foreclosures
• Public/Private Partnership Infrastructure Transactions
• Tax Deferred Exchanges (“1031 Exchanges”)
• Condominium and Homeowner’s Association Formation and Compliance
• Environmental Representation (Phase I and II, Due Diligence/Brownfield)
• Land Use and Zoning
• Real Estate Litigation
• Condemnation
• Property Tax Appeals

Representative Experience

Acquisitions & Dispositions

• $180M - Purchaser’s Counsel in a multisite acquisition transaction involving 60+ owned and leased properties located across the U.S.
• $50M - Purchaser’s Counsel in connection with the acquisition of a 50% partnership interest in an office building with ground floor retail, rooftop advertising signs and license for cellular antennas in New York’s Garment District.
• $40M - Local Counsel to a Fortune 100 Company in connection with the sale of assets of a distribution center located in Rochelle, IL.
• $6.5M - Seller’s Counsel to a national real estate investment and finance corporation in connection with the sale of distressed real property consisting of 40 condominium units, 3 acres of vacant land and 80 parking spaces within a condominium complex known as the Rainbow Project located in Chicago, IL. Client acquired assets directly from FDIC due to a failed banked situation.
• $12.25M - Seller’s Counsel to the YMCA of the USA in connection with the sale of that certain property located at 609-673 S. State Street, Chicago, IL.
• $30M - Purchaser’s Counsel to Fortune 100 Company in connection with the acquisition of a warehousing facility located in New Brunswick, NJ.
• $7M - Purchaser’s Counsel to a Non-Profit Environmental corporation in various acquisition transactions.
• Purchaser’s counsel in the acquisition of multiple Brownfield parcels located in Massachusetts.
• Due Diligence Counsel to FDIC with respect to a 14 property California Land Auction; responsible for title, entitlement, subdivision, personal property determinations and clearing title defects.
• $12M - Buyer’s Counsel in the acquisition of two office buildings located in the River North district of Chicago, IL.
• Seller’s Counsel in the disposition of public agency land for development of energy efficient housing in Massachusetts.
• $12M - Seller’s Counsel to Fortune 100 Company in connection with the disposition of a facility located in Aurora, CO.
• Purchaser’s Counsel in acquisition and financing of city owned land by a non-profit corporation for its new facility in Massachusetts.
• $23M - Purchaser’s Counsel to an Educational & Economic Development Corp. in the acquisition, leasing, construction and development of a LEED certified office complex located in Chicago, Illinois. The client is seeking LEED Silver Certification by the U.S. Green Building Council. Our LEED AP designation and experience have been instrumental in the Project.
• $10.6M - Purchaser’s Counsel to a national fuel multi-site operator in the acquisition of various Shell gas stations within the Chicagoland area.
• Seller’s Counsel in the disposition of property on a Superfund site for possible solar development in Massachusetts.
• $15.5M - Seller’s Counsel to the Chicago Housing Authority in connection with the sale of its real estate assets located in Chicago, IL.
• $2M - Seller’s Counsel to a Fortune 100 Company in connection with the disposition of real property located in Landover, MD.
• $8M Purchaser’s Counsel in the acquisition of a manufacturing plant located in South Carolina.
• $12.5M - Seller’s Counsel in connection with the sale of real property commonly referred to as Block 37, and also known as “Skate on State”, located in Chicago, Illinois. Transaction involved complex issues relating to selling real property to the City of Chicago, including negotiating the terms of the transaction, going before City Council in connection with the authorization of the sale, and public policy issues.
• $5M - Seller’s Counsel in the subdivision and sale of a multiple office floor condominium in lower Manhattan to the City of New York.
• $1M - (purchase option) Seller’s Counsel to New York State Job Development Authority in the disposition of two industrial buildings on Long Island, New York pursuant to a lease purchase option.
• $15M - (transaction value) Seller’s Counsel to (New York) Empire State Development in the disposition of a 384 room hotel and conference center, including two restaurants, to the lessee, pursuant to a purchase option following a 30 year lease finance arrangement (Albany, NY).

Financing/Lending

• $500M - Borrower’s Counsel for SPV affiliate of a global financial institution in forming and financing a new single purpose LLC to develop and manage a new 20 story office tower to serve as part of their headquarters complex in Downtown Newark, NJ.
• $100M - Lender’s Counsel to an International Banking Institution having a Chicago presence on the issuance of various financing development transactions, including construction loan financings and revolving lines of credit to Bickerdike Redevelopment Corp, Hispanic Housing Development Corp., Resurrection Homes; loan participation facilities to Community Reinvest IV and Oakwood Shores Development; and revolving lines of credit to Planned Parenthood.
• $50M - Lender’s Counsel to local Chicago Community Bank in connection with the workout of various defaulted commercial loan facilities. The client is an acquiring bank subject to an FDIC loss share agreement.
• $10M - Lender’s Counsel in the refinance of a mobile home community development located in Illinois.
• $10M - Lender‘s Counsel in connection with the financing, modification and assignment for rehabilitation of multi-story office building into a 232 Senior unit project, including Tax credit and municipal financial assistance.
• $50M - Bank’s Counsel to a national banking institution for a variety of affordable housing developments, including apartments, for-sale, and mobile home parks.
• $25M - Borrower’s Counsel on behalf of a multiple shopping center owner throughout the New York Metro area in securitized financings, including negotiation and review of all loan documents.
• $40M - Lender’s Counsel to a Christian Credit Union in connection with the financing of a 10,000 seat church facility known as the House of Hope, Salem Baptist Church, Chicago, IL.
• $15M - Lender’s Counsel to a regional banking institution in connection with the issuance of a letter of credit facility in connection with the construction of a facility in favor of The Better Boys Foundation in Chicago, IL.
• $10M - Lender’s Counsel to a regional banking institution in connection with the issuance of a letter of credit facility in connection with the construction of a YMCA in favor of Heritage YMCA in Chicago, IL.

Complex Commercial Leasing

• Represented The New York City Convention Center Operating Corporation (d/b/a “The Javits Center”) in a complex lease swap with the City of New York and a third party private interest.
• Landlord’s Counsel to the City of Chicago in connection with the negotiation of a Redevelopment and Concession Management Agreement with Westfield in connection with Terminal 5 of O’Hare International Airport containing approximately 500,000 sq. ft.
• Landlord’s Counsel for two affiliated entities owning two office buildings in Pittsburgh comprising approximately of 500,000 square feet.
• Tenant’s Counsel to an international not-for-profit corporation in connection with the Green leasing of its headquarters comprised of approximately 157,500 sq. ft. of space located at 101 N. Wacker Drive, Chicago, Illinois. The new space is seeking LEED Silver Certification from the U.S. Green Building Council. Our LEED AP designation and experience have been value-add to our client.
• Tenant’s Counsel to the Chicago Housing Authority in connection with the leasing of its new headquarters to be located at the CNA Building, Chicago, IL.
• Tenant’s Counsel to a Concession Tenant in connection with the retail leasing of four commercial spaces comprised of approximately 100,000 sq. ft. in the aggregate and located at Chicago’s Midway Airport, O’Hare International Airport, Navy Pier and Northwestern Station, Chicago, IL.
• Tenant’s Counsel to a cellular telephone franchisee in connection with the retail leasing of approximately 30 commercial retail spaces for the purposes of the sale of cellular telephone services and equipment. Such commercial spaces are located in Illinois, Missouri and Indiana.
• Tenant’s Counsel to a national grocer in connection with the retail leasing of approximately 60,000 sq. ft. of commercial space for the purposes of a grocery store in Chicago, IL.

Public/Private Partnership Infrastructure Transactions

• $1.83B - Lead Real Estate Counsel to the City of Chicago Department of Finance in connection with the privatization of the Chicago Skyway Toll Bridge, located in Chicago, Illinois. The Project consisted of the privatization of a public asset to a private consortium via a Concession Lease Agreement having a 99 year Term. The Lease Agreement provides the Concessionaire (Tenant) with rights to all toll revenue and all rents payable by certain other businesses located on the Skyway Toll Bridge during the Term. The rent in the amount of $1.83B was paid in a single upfront payment at closing.
• $563M - Lead Real Estate Counsel to the City of Chicago Department of Finance in connection with the privatization of the 4 publicly held underground parking garage structures, located on Chicago’s famous Michigan Avenue underneath Chicago’s highly acclaimed Millennium Park. The Project consists of the privatization of the public assets to a privately held company via a Concession Lease Agreement having a 99 year Term. The Lease Agreement provides the Concessionaire (Tenant) with the rights to all revenues from parking during the Term. The rent in the amount of $563M is to be paid in a single upfront payment at closing.
• $2.8B - Lead Real Estate Counsel to the City of Chicago Department of Finance in connection with the privatization of Midway International Airport. The Project consists of the privatization of the largest FAA approved airport in the nation to a privately held company via a Concession Lease Agreement having a 75 year Term. The Lease Agreement would provide the Concessionaire (Tenant) with the rights to all revenues from Midway Airport during the Term. The rent in the amount of $2.8B is to be paid in a single upfront payment at closing.

Development & Construction

• $80M - Developer’s Counsel in the construction and development of a major art, residential and educational facility in a downtown redevelopment district. Issues and documents include right to enter permit, real estate options, disposition and development agreement, long-term ground lease, amendment to existing reciprocal easement agreement, street vacation and public access for project.
• $250M - Represented a public owner/transit agency in a very complicated land exchange, and joint development of a mixed use transportation, retail and office complex including a 28-story headquarters tower and multi-modal transportation facility. Exclusive right to negotiate, development agreement, reciprocal easement and operating agreement, access and easement agreements, master construction contract, construction management agreement and other documents were drafted and negotiated.
• $50M - Developer’s Counsel in the acquisition, construction and development of approximately 25,000 sq. ft. residence on the inland waterway of the West coast of Florida.
• Provided local counsel assistance to large out-of-state real estate investment trust with shopping center interests in Wisconsin. Engagement consisted of providing guidance as to title matters, easements and zoning/land use issues.
• Developer’s Counsel in connection with the development of major public works projects, including convention centers in multiple states, as well as a professional baseball park district.
• $120M - Developer’s Counsel in connection with the redevelopment, including demolition, zoning, infrastructure and construction, of approximately 100 acres of land currently known as the ABLA Homes public housing development, located in Chicago, Illinois. The project involved (i) state, local and federal government regulation, including zoning and land use; (ii) financing, including the use of public/private funds, tax increment financing (TIF), HOPE VI/Public housing capital funds, public housing operating subsidiaries, affordable housing development subsidies, and infrastructure resources; and (iii) real estate development, including issues of condominium law and land acquisition and condemnation strategies.
• $1–25M - Developer’s Counsel in connection with the acquisition, construction and development of various shopping centers and office buildings located within the United States.
• $13M - Developer’s Counsel to an Educational Development Company in connection with the acquisition of real property and the redevelopment and construction of such real property into 250 units of student housing to be located at Southern Baton Rouge, Louisiana University. Transaction involves advising client on issues related to acquisition of real property, construction, and financing.
• $125M - Developer’s Counsel for an affordable housing non-for-profit developer for multiple zoning variances to build for a 200,000 sq. ft. mixed use project (affordable housing/community facility) in Upper Manhattan, New York City.
• Developer’s Counsel in a zoning variance application for a 56,000 square feet gourmet food market in New York City.
• Zoning counsel to one of the largest film and TV production companies in New York City with over 200,000 sq. ft. of sound stages on the waterfront in Brooklyn and Queens, New York City.
• Developer’s Counsel in the rezoning of over 250,000 square feet from manufacturing to mixed-use residential/retail development, including a 1,650 seat high school facility (housing four separate high schools) and two residential apartment buildings with ground floor commercial space.

Real Estate Litigation, including Foreclosures

• Represented mortgage lending company in a class action suit on five causes of action, alleging unfair and illegal practices after the institutions assumed title to foreclosed properties. All defendants filed motions to dismiss. The District Court granted the motions with leave to amend. After filing the amended complaint and a second motion to dismiss, the court sua sponte remanded the case to the Superior Court, reasoning that our client, having filed an unlawful detainer against one of the named plaintiffs, waived federal jurisdiction. GSH appealed and the Ninth Circuit reversed the court’s remand. The matter was returned to the District Court and GSH filed motions to dismiss the three remaining counts. The District Court granted our motion to dismiss without leave to amend, while the other defendants remained in the litigation.
• Represented lead Defendants in federal court litigation between real estate tax liens buyers in which RICO allegations predominated and damages sought exceeded $30M. Successfully achieved settlement for client Defendants. Significant judgments were entered against by other counsel who remained in the case through trial.
• Successfully lobbied a City Council to reverse a Landmark Preservation Commission designation of a bank branch (the first reversal of a landmark designation in over 15 years).
• Pending representation of state agency in the foreclosure of two mortgages for approximately $19,000,000 and $17,000,000, respectively. The foreclosure would be on two separate lots improved with 338 residential units and 335 residential units in Brooklyn, New York.