Case Studies

In 2006, our firm acted as redevelopment counsel to the Bayonne Local Redevelopment Authority (the “BLRA”) in the sale of land and development rights on two blocks of property located on the Peninsula at Bayonne Harbor to Trammell Crow Residential, a nationally acclaimed and recognized developer. The Peninsula is a decommissioned U.S. Army Military Ocean Terminal conveyed to the BLRA for redevelopment. The Alexan City View consists of two luxury residential rental buildings containing 544 units with stunning views of the New York City Skyline. The total costs of the project exceeded $176 million, including the cost of the land. The Alexan City View is also the largest LEED-certified community in the United States. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

In 2009, our firm worked with The Hudson County Improvement Authority, the County of Hudson, the City of Bayonne Redevelopment Agency and the City of Bayonne (the “City”) in a multi-public body financing through the New Jersey Environmental Infrastructure Trust (the “NJEIT”) of a portion of a redevelopment project consisting of the remediation of a former petroleum site and the construction of a 356,000 square foot “big box” retail project located in the City of Bayonne. The financing, secured by Payments In Lieu Of Taxes, a Letter of Credit during construction and guaranties of the County and City, involved ten different public entities, required over 80 public votes, 23 different public/government approvals and permits and endured multiple lawsuits, all during an economic recession. The success of the financing depended on our firm working closely with each of the public entities, the redeveloper and the NJEIT in creating solutions to questions never asked of the NJEIT in prior financings. As a result, in part, of our prior experience with the NJEIT and our working relationship with members of the NJEIT and the New Jersey Department of Environmental Protection, the City will now replace a severely contaminated 30-acre parcel of land with an exciting new retail power center that will generate tax revenue, urban enterprise zone revenue and thousands of construction and full-time jobs. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

The City of Perth Amboy entered into a 20-year public-private partnership with Middlesex Water Company in 1999 for the efficient operation and maintenance of the City’s water and wastewater treatment and distribution facilities. Pursuant to the New Jersey water and wastewater privatization acts, the City leased the systems and sold a franchise in the systems to the Middlesex County Improvement Authority. The Middlesex County Improvement Authority issued $67,974,076.20 Utility System Revenue Bonds, Series 1999, a portion of which were capital appreciation bonds, to finance the leasehold/franchise acquisition, provide for capital improvements to the systems and refund outstanding City-system debt. The City and the Middlesex County Improvement Authority then entered into various operating and revenue agreements with Middlesex Water Company to run the systems. In 2004, the City, the Middlesex County Improvement Authority and Middlesex Water Company agreed to extend the public-private partnership for an additional 5 years through the issuance by the Middlesex County Improvement Authority of additional utility system revenue bonds that were subordinate to the original 1999 bonds issued. For more information on this project, please contact Edward J. McManimon, III, Member.

The firm has been actively engaged with the City of Bayonne and the BLRA in the redevelopment of the Peninsula at Bayonne Harbor which was decommissioned by the United States Army and transferred to the BLRA.  We represented the BLRA in the negotiation and execution of several conditional designation agreements, four redevelopment agreements, a project development agreement and an infrastructure improvements redevelopment agreement along with a wide variety of financial instruments and other supporting agreements.  For more information on these projects, please contact Joseph P. Baumann, Jr., Member.

We represented the BLRA in connection with the proposed construction of a 102-acre parcel that will support at least 1,793 residential units, 500,000 square feet of office space, 134,000 square feet of retail space and 117,600 square feet of civic space. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

We represented the BLRA in the simultaneous negotiation of two redevelopment agreements and associated notes, mortgages, access agreements, and an infrastructure improvement redevelopment agreement. One redeveloper will construct approximately 1,300 condominiums and town homes and the other redeveloper will construct approximately 540 rental units and a clubhouse. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

We represented the BLRA in the negotiation of a redevelopment agreement with a global shipping company for construction of a roll-on roll-off facility for the importation and exportation of vehicles. We represented the BLRA in its efforts to win a motion for summary judgment in the law division and, after an appeal was filed, the successful motion requesting that the Appellate Division expedite the matter. Currently we are awaiting oral argument. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

We serve as redevelopment counsel to the Borough in connection with a project that will consist of the construction of an approximately 250,000 square foot warehouse that, together with surface parking facilities, will serve as the engineering control, or “cap”, for certain contaminated property. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

We serve as redevelopment counsel to the Borough in connection with the proposed construction of over 400,000 square feet of retail, office and warehouse space, a portion of which will be exempt from taxation under the Short Term Tax Exemption Law. We also represented the Borough in litigation, in the Superior Court of New Jersey, with the owners of some of the properties initially included in the designated redevelopment area. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

We serve as redevelopment counsel to the Borough in connection with the proposed construction of over 400 market rate residential units, some of which will be leased and some of which will be offered for sale, as well as over 40,000 square feet of retail space. All of these improvements have been exempted from taxation under the Long Term Tax Exemption Law for the purposes of financing a portion of the costs of the project. This project required the use of eminent domain and the relocation of a number of individuals, families and businesses under applicable State and federal laws. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

We serve as redevelopment counsel to the Borough in connection with the proposed construction of approximately 500 residential units and the construction of a terminal for a ferry service that is expected to serve the Borough and surrounding communities. The project will require the remediation of an environmentally-challenged area that is a designated Brownfields Development Area. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

We serve as redevelopment counsel to the Borough in connection with the proposed construction of a 36,000 square foot community health and wellness center, including weight and exercise rooms, an 8,600 square foot multi-purpose sports room, a 7,000 square foot aquatics center with a swimming pool, physical therapy facilities, a café, and related office space. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

We serve as redevelopment counsel to the Borough in connection with the proposed construction of a high-density housing project consisting of integrated market rate and affordable units offered for sale. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

We served as redevelopment counsel to the Township in the successful negotiation and redevelopment of the former Ford Plant Site, consisting of over 100 acres. The project will consist of a lifestyle center with a hotel, theater, restaurants and shopping anchored by two large-format commercial retailers. We also successfully negotiated the donation of 7.5 acres of the property for the expansion of an adjacent park and the payment of $1,500,000 in development fees to the Township. For more information on this project, please contact Joseph P. Baumann, Jr., Member.

In 2002, the Borough of Avalon solicited proposals for the operation, maintenance and management of the Borough’s potable water and wastewater systems. McManimon & Scotland, L.L.C. assisted the Borough in the Request for Qualifications and Proposals under the competitive contracting provisions of the Local Public Contracts Law, the evaluation of such proposals and the eventual contract. The Borough entered into a 10-year agreement with American Water Services, Inc.

In 2011, McManimon & Scotland, L.L.C. worked closely with the Borough, to publicly bid a new ten year operation, maintenance and management agreement with a private operator. Working with the Borough, we prepared a request for proposals that was made available online to potential bidders. The Borough was able to successfully negotiate and enter into a new ten year agreement with a subsidiary of the Middlesex Water Company. Additionally, the Firm negotiated a transitional contract with the American Water Services, Inc. and has been advising the Borough on its transition efforts.

For more information on this project, please contact Joseph P. Baumann, Jr., Member.

McManimon & Scotland, L.L.C. represented Elberon Development Co., L.L.C. in structuring one of the few Recovery Zone Facility Bond transactions to close in New Jersey. The Recovery Zone Facility Bonds were issued as part of the 2009 American Reinvestment and Recovery Act intended to stimulate private investment into new projects by offering tax-exempt interest rates. With the bonds, Elberon was able to secure $44,499,000 in tax-exempt bond financing to construct a new 524,000 sq. ft. state-of-the-art warehouse for Wakefern Food Corp. in Elizabeth. This project will generate 130 construction jobs within Elizabeth and help the City retain over 345 jobs. For more information on this project, please contact Joseph P. Baumann, Jr., Member.