Practices

Project Development

We understand the structure and requirements of large, complex projects and frequently take the leading role as project counsel in convening and supervising a team of attorneys, consultants, and other professionals with specialized expertise.  These projects include complex real estate developments, brownfields redevelopment, energy, airport, rail, and other transportation and infrastructure projects, and almost always include one or more public sector entities acting as project proponent and require special entitlements or other regulatory approvals and project financing.  They often require environmental review and permitting and environmental cleanup.  Our attorneys have represented both public and private entities involved in these projects.

Representative Experience

  • Represent the City and County of Denver on the redevelopment of the 113-year old, 250-acre National Western Center Campus.  Our Firm is advising Denver on the structuring and procurement of a P3 developer to design, build, finance, market, program, operate, and maintain approximately 60 acres on the southeast corner of the campus.  This project, referred to as the “Triangle” project and is likely to be structured as a hybrid availability payment and market rate real estate development revenue-risk P3.
  • Represent the Regents of the University of Colorado on the development of an on-campus hotel and conference center through a public-private partnership, including transaction structuring, negotiations with private partners, and development of transaction documentation.
  • Represent NJ Transit regarding the Gateway Program, a $23 billion dollar program of projects to improve the Amtrak owned Northeast Corridor railroad right-of-way and passenger facilities from Newark, NJ to New York Penn Station.
  • Advise NJ Transit on the Portal North Bridge Project, part of the Gateway Program, involving the financial plan for a Core Capacity Grant application to the FTA, regulatory and grant compliance, funding issues, railroad operating and maintenance issues, construction, right of way acquisition, risk allocation, as well as interagency and program implementation issues.
  • Represented the City and County of Denver Department of Aviation on a public-private partnership for the development of the Peña Station rail station as a transit-oriented development.  Our involvement included issues related to real estate, public and private finance, land use, federal airport regulation, and other regulatory issues.  The Denver City Council approved the key agreements associated with the $50 million infrastructure financing package in May 2015.  The financing closed, and construction commenced in June 2015.
  • Represented the private purchaser and redeveloper of the former Gates Rubber plant site.  Our involvement has included negotiation of the purchase and sale agreement, project due diligence, negotiation of the environmental insurance policy, environmental cleanup and risk management, entitlements, use of special district and tax increment financing, and private project financing.
  • Represented developer of transit-oriented mixed use development at light rail station.  Our work included real estate transaction documents, land use entitlements, public-private partnership with transit agency, use of special district financing and joint venture, and construction financing related to private components of the project and construction contracting.
  • Represented developer in brownfields redevelopment, including clean-up of two former landfills, river front restoration, and acquisition of large multiple parcel assemblage.  Our representation also included negotiations with major anchors, public finance, construction finance, and new market tax credit finance.
  • Provided similar representation to private master developers of the former Stapleton International Airport, Denver Union Station, Fitzsimons Army Medical Center, and the Lowry Bombing Range and Lowry Training Annex.

See Airports, Energy, and Transit descriptions for other project examples.