Public-Private Partnerships (P3)

Representative Experience

• Advised Midwestern university seeking to build new facilities on P3 finance structuring in light of barriers in the state’s enabling legislation. Utilizing a P3 delivery method enabled the development, financing, construction, and operation of an academic integrated science facility, a student union, 1,200 beds of student housing in three buildings, a dining center, and approximately 2,000 parking spaces. The project also includes a central utility plant and the necessary utility and transportation infrastructure to support the project.
• Advised Wisconsin Center District on creation of a public-private partnership to develop, finance, own, and operate a new $524 million arena for the NBA’s Milwaukee Bucks. We created the arrangement in which the principal parties equitably shared the liability and benefits of the private-public venture. By the end of the negotiations, the Wisconsin Center District obtained annual rent of $1 million, escalating each year, and one of the strongest non-relocation agreements in professional sports.
• Helped Denver’s Regional Transportation District structure a public-private partnership of CDOT and RTD funds, developer equity, historic tax credits, and construction financing in order to redevelop Union Station. The station houses Denver’s AMTRAK station, a 110-room hotel, restaurant and retail space, and a 12,000-square-foot great hall.
• Structured P3 arrangement and negotiated primary agreements for design, development, funding, and use of new $477 million, publicly-owned arena for the city of Sacramento and the NBA’s Kings.
• Negotiated complex P3 development agreement for construction of a $60 million ballpark and long-term lease with the city of El Paso, Texas on behalf of MountainStar Sports Group in its acquisition of the Tucson Padres.
• Assisted the Texas Infrastructure Council with drafting new legislation to create the P3 Center of Excellence, enabling greater use of the underutilized financing potential of P3s created by the Texas Legislature to address public infrastructure needs.
• Crafted the P3 for the multiuse Arts District Garage parking facility in downtown Kansas City, Missouri.
• Serving as grantor’s counsel for Sarpy County and Cities Wastewater Agency in a potential Design Build Finance Operate Maintain (DBFOM)-P3 approach to build the Unified Southern Sarpy Wastewater System, a sanitary sewer system to serve the southern portion of Sarpy County.
• Represented Northwestern University in an energy P3 for the campus. Negotiated a master energy-as-a-service agreement that provides for multiple service agreements on behalf of the private university, which provides for long-term energy savings, a green campus initiative.
• Represented energy company as local counsel in a public-private partnership where client acquired a license and operating rights to the on campus electric utility system of a university.
• Advised both private sector and higher education clients on using P3 delivery models for development of higher education facilities, including student housing and energy districts.