Kaplan Kirsch & Rockwell lawyers understand the structure and requirements of large, complex projects and frequently take a lead role as project counsel in convening and supervising a team of lawyers, 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. In almost all cases these 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 lawyers have substantial experience advising clients in these matters and have represented both public and private entities in these projects.
On-Campus Public-Private Partnerships: Represented 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.
Work on the Gateway Project: Represented NJ Transit regarding the Gateway Program, a $23 billion program to improve the Amtrak-owned Northeast Corridor railroad. Also advised NJ Transit on the Portal North Bridge Project, part of the Gateway Program. This involved the financial plan for a Core Capacity Grant application to the Federal Transit Administration, regulatory and grant compliance, funding issues, railroad operating and maintenance issues, construction, right-of-way acquisition and risk allocation, as well as interagency and program implementation issues.
National Western Center Campus Redevelopment: Represented the City and County of Denver on the redevelopment of the 113-year old, 250-acre National Western Center Campus. We advised the City and County of 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. Referred to as the “Triangle,” the project was structured as a hybrid availability payment and market-rate real estate development revenue-risk P3.
Transit-Oriented Development: Represented the City and County of Denver Department of Aviation on a successful public-private partnership for development of the Peña Station rail stop 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. Gates Rubber Plant Site: 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 and use of special district and tax increment financing and private project financing.
Brownfields Redevelopment: Represented the developer in a brownfields redevelopment, including clean-up of two former landfills, riverfront 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.
Resources and News
Central 70 Project Reaches Commercial CloseNews | December 4, 2017
National Western Center Framework Agreement Headed for Final ApprovalNews | August 31, 2017
Sarah Rockwell, Polly Jessen Guest Lecture on Construction Project ManagementPresentations | February 15, 2018
Lawyer to Owner: Issues in Construction ContractingPublications | June 30, 2018