Public Financing for Infrastructure

Bond Counsel: Represented the Massachusetts Port Authority as bond counsel, including recent issuances of revenue bonds, subordinated obligations, commercial paper and special facility revenue bonds for the Boston Logan International Airport fuel system improvements.

Counsel to Airports: The firm has served as disclosure counsel for Salt Lake City International Airport and also served as underwriter’s counsel for financing at Milwaukee’s General Mitchell International Airport.

Colorado Department of Transportation: Represented the Colorado Department of Transportation (CDOT) on the financing, acquisition and entitlement of property from the Metropolitan Football Stadium District for the construction of a new state headquarters building. This has entailed negotiating a shared-use parking agreement with the Denver Broncos and advising on the disposition of the existing state and regional headquarters properties to the City and County of Denver for a proposed mixed-use affordable housing development.

National Western Center Campus: 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.

Central 70 Project: Represented the Colorado Department of Transportation (CDOT), High-Performance Transportation Enterprise, and Bridge Enterprise as both procurement counsel and environmental/litigation counsel for the complex Central 70 project on I-70 to replace an aging interstate viaduct in central Denver with a below-grade, covered segment of the interstate with greater capacity. This availability payment P3 project was financed through a combination of TIFIA and private activity bonds and backed by a unique Bridge Enterprise credit. P3 Bulletin awarded the Project its 2018 Best Road / Bridge / Tunnel Project “Gold” award and Best Financial Structure “Silver” award.

Transit-oriented development: Represented the City and County of Denver Department of Aviation on a public-private partnership for the successful 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 and regulatory issues..

Stapleton International Airport Redevelopment: Represented the master redeveloper of the former Stapleton International Airport property in structuring and implementing a plan for more than $600 million in infrastructure financing.

Convention Center Hotel: Represented a nonprofit authority in the issuance of more than $350 million in bonds to finance construction of a convention center hotel and in negotiating the construction/program management agreements and the hotel operating agreement.

Inter-Modal Transportation Hub Development: Represented the master developer of a regional inter-modal transportation hub in finance and governance issues associated with project development, as well as structuring the master development related to land purchase and development.

Tax Increment Financing: The firm has done a variety of work in this space, including:

• Represented the master developer of a proposed bioscience park in structuring the transaction, negotiating the master development agreement and restructuring the tax increment package to provide for infrastructure.
• Represented an industrial developer in drafting and negotiating public finance and redevelopment agreement for tax increment financing for an industrial project in Commerce City, Colorado.
• Represented a Colorado city on an agreement related to tax increment and grant financing for a new hotel.