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August 2012 - Empire State Development - New York State

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FOR CONSIDERATION<br />

<strong>August</strong> 16, <strong>2012</strong><br />

TO:<br />

FROM:<br />

SUBJECT:<br />

REQUEST FOR:<br />

The Directors<br />

Kenneth Adams<br />

Procurement of Legal Services<br />

Authorization to Enter into a Contract with Foley & Lardner LLP<br />

I. Contract Summary<br />

Contractor:<br />

Scope of Services:<br />

Contract Term:<br />

Foley & Lardner LLP (the “Firm”)<br />

Advice and counsel in connection with negotiations concerning the Ralph<br />

Wilson Jr. Stadium f/k/a Rich Stadium<br />

One year<br />

Contract Amount: Not to exceed $50,000<br />

Funding Source:<br />

Corporate funds or other source to be determined<br />

II.<br />

Background<br />

In December of 1998, <strong>New</strong> <strong>York</strong> <strong>State</strong> Urban <strong>Development</strong> Corporation, now doing business as<br />

<strong>Empire</strong> <strong>State</strong> <strong>Development</strong> (“ESD”), through its subsidiary the Erie County Stadium Corporation<br />

(“Stadium Corp”), together with the County of Erie (“County”) and the Buffalo Bills, Inc. (the<br />

“Bills”) agreed to a plan for the renovation of Ralph Wilson Jr. Stadium, f/k/a Rich Stadium (the<br />

“Stadium”) and for a new 15-year lease. Under the agreements, the County leases the Stadium<br />

to Stadium Corp, which in turn subleases it to the Bills. The current lease is set to expire on July<br />

31, 2013. Discussions have begun regarding a lease extension.<br />

Because of the complexity of the transaction and the specialized nature of the negotiations, the<br />

advice and assistance of outside counsel is required. ESD is assembling a legal team to provide<br />

these services. In consultation with the Office of the Governor, ESD staff propose that ESD<br />

enter into a contract with Foley & Lardner LLP to form part of the team to provide the required<br />

services.<br />

1

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