The importance of private/public partnerships in today’s business climate cannot be overstated. It has become increasingly apparent that governments at the city, county and state level across the nation have ongoing revenue issues. Infrastructure costs continue to mount as revenues continue to drop. This creates an opportunity to forge private/public partnerships (P3) situations where private sector companies contract with governmental entities to fund and run specific projects. The attorneys at Clark Hill have counseled clients on both sides of these partnerships, representing the interests of both the private and public sectors in a wide variety of situations.
Each side of a P3 relationship has a unique perspective. The Government wants to protect its assets while mitigating the cost of running and operating them. The private industry wants to make profitable investments while fostering innovation and building revenue streams. With the best private/public partnerships, both sides achieve their goals: One side does not have to lose in order for the other to win. Clark Hill understands what it takes for government to work smoothly with private sector clients, and we can help all participants to navigate the business landscape as smoothly as possible.
Clark Hill is equipped to provide services across all phases of P3 projects: Design, Finance, Build, and Operate.
The world of private/public partnerships can be dauntingly complex and, frankly, filled with red tape. The key is knowing how to unravel it all. Clark Hill has been involved in a great many of these partnerships from their very beginning bid stages, and worked through them with both our public and private sector clients on the many types of issues that arise including labor, zoning, licensing, legislation and regulatory hurdles.
Clark Hill attorneys have unique capabilities across areas such as Tax-Exempt Bond Financing, New Market and Historic Tax Credits and traditional commercial financing. We have represented universities, banks, and municipalities in finding the right blend of financing, which is essential to the implementation of a project. Clark Hill attorneys have been able to unlock projects that had been stalled because traditional funding sources were not sufficient. The Clark Hill P3 team has been able to unleash tremendous value for clients such as public universities that have needed capital projects. We have also assisted municipalities looking for a method to accomplish much needed improvements to governmental buildings in times of shrinking tax revenue.
When it is time to break ground on your P3 project, there is no greater ally than Clark Hill’s construction practice group to navigate through all areas of the construction process. Many of our attorneys have engineering degrees and contracting backgrounds which allow us to understand the day-to-day aspects of seeing a project to completion. We have assisted multiple clients in structuring RFPs and negotiating contracts. Our areas of strength include drafting of bid and contract documents, project administration, claim preparation and dispute resolution.
Once the project has been built, there is a myriad of complexities during the operations phase. One of the most important is the management group that will be running the project on a daily basis. The structure of the management agreement or lease is key to the long term success of all parties. How these operating agreements are structured will have a significant impact on the project’s rate of return for both public and private investors.
Clark Hill represents clients across the nation, and has offices in nine states (Michigan, Pennsylvania, Illinois, New Jersey, Arizona, West Virginia, Delaware, California and Nevada), Washington D.C., and Dublin, Ireland. Each jurisdiction has unique guidelines to navigate in order to implement P3 projects. We also have partner lobbyists and attorneys in Ohio and Indiana that have the depth and breadth of knowledge to guide you through the possibilities and achieve positive outcomes.
Regional representation of numerous shopping center owners and developers in the development, construction, financing and leasing of their projects, including the negotiation and drafting of complex leaseholds with national anchor tenants.
Performed a pesticide due diligence review of a client’s sale of a subsidiary which manufactured and sold fertilizers, nutrients and registered pesticides. During the due diligence investigation, an unresolved “show cause letter” from EPA’s pesticide enforcement office alleging that the subsidiary was selling unregistered pesticides was uncovered. The scope of the potential liability was narrowed sufficiently to allow the transaction to close and EPA eventually decided not to pursue the enforcement action
Advised clients engaged in acquisitions of the potential implications of GHG emission limits and regulatory programs
Performed due diligence on a client’s planned acquisition of another sulfuric acid manufacturing facility
Provided bounding estimates on the future remediation costs during environmental due diligence on a “to be acquired“ company
Advised clients in due diligence investigations on complex future environmental risks that are likely to impact the economics of a transaction
The Split Ring sculpture, by Clement Meadmore, will return to downtown Grand Rapids in June 2016. It originally sat outside the Frey building before being moved to Woodland Mall. The sculpture is now returning to downtown after almost 50 years. Steve Stapleton and Ingrid Jensen worked on the negotiations and contracts to bring this iconic piece back to the heart of downtown.
Represent national real estate company in various contract and business tort disputes, including not only litigation but advising on pre-litigation strategies and cost beneficial approaches
Represent and defend substantial real estate developer and owner against large scale mechanic’s lien claims surrounding work and improvements performed by tenant
Successfully defended coal mining company in state court litigation by land owners, involving breach of contract, fraud and civil conspiracy claims in connection with lease disputes
Defended coal mining company against claims for statutory violations, breach of implied contract/unjust enrichment, breach of contract, negligence, misrepresentation, unfair trade practices, trespass in property damage and subsidence actions by landowners
Representation of non-profit corporations in a wide array of zoning and land-use matters.
Representation of developers in joint ventures and real estate limited partnerships.
Redevelopment of the iconic Argonaut Building in Detroit, Michigan at a project cost in excess of $150,000,000 through a multi-layered tax credit transaction involving State and Federal Historic Tax Credits, New Market Tax
Provide legal representation to several small business owners, developers and franchisees in the development of single site properties (gas stations and quick service restaurants) with a focus on land acquisition, annexation, easements (utilities) government entitlements, leasing and construction matters
Represented local municipality in the creation of a not for profit development entity to facilitate the development of a $500 million dollar comprehensive redevelopment plan to accommodate the acquisition and development of land for a multi carrier cargo development plan
Represented and counseled a not for profit developer in the establishment of a development joint venture in the construction of a 96 unit Section 42 federal tax credit low income senior housing facility
Represented developer in the acquisition and development of 300 acres of industrial land in the southern suburbs of Chicago with a value of $20 million dollars. Coordinated the preparation of a redevelopment plan for the area targeting land acquisition; brownfield assessment/cleanup; site planning/design; development/ project finance; training /job creation with a goal of attracting environmentally safe and non invasive businesses to the industrial area
Represented a local municipality and economic development group in obtaining the first State of Illinois single community Redevelopment Authority with bonding authority of $200 million dollars
Represented fund in designing and structuring the real estate investment models to accommodate raising foreign investment capital to be blended with other investment incentives such as New Market Tax Credits, Tax Increment Financing and other incentive based programs
Represented commercial development client in the development of over 200,000 square feet of commercial retail strip centers located in the Chicago metropolitan area. Responsible for land acquisition, site planning/design; government entitlements; (zoning/incentives); analysis and procurement of project financing, and construction management. Utilized various economic development tools to improve profitability such as real estate tax rebates (class 8) and tax increment financing
Representation of investment companies in 1031 exchanges and tenant in common agreements
Representation of Michigan developer in all aspects including condominium documentation, negotiation of purchase contracts, closings and tax appeals at the local level and state level
Represented development joint venture consisting of private equity firm and real estate developer for the development and construction of quick service restaurants throughout the United States
Representation of private companies, including a local real estate investment fund raising equity to purchase multi-family properties in the Chicagoland area, in the preparation of private placement memoranda and subscription documents under Regulation D of the Securities Act of 1933
Represented a private equity fund to establish an immigrant investor fund for the investment in real estate and/or mid-market with a funding goal of $100 million dollars
Representation of purchasers and sellers in the acquisition and disposition of real property
Representation of landlords and tenants in negotiation of leases for multi-use buildings, industrial and office space
Representation of local and regional lenders in sophisticated lending transactions, including multi-family housing and shopping center loans, nursing home accounts receivable lending, senior and mezzanine finance, construction loans, and asset based lending
Preparation and negotiation of AIA Contracts on behalf of owner with respect to general contractors, engineers and architects
Lead counsel for various retail shopping plaza owners in multiple counties. Draft leases and amendments and enforce landlord rights
Lead defense counsel in dispute over lease of warehouse involving over $1 million in claims. Filed motion for summary judgment leading to successful resolution of action
Represented local and national real estate developers in multi-million dollar breach of commercial contract/lease actions against landowners and tenants
Represent national title company in litigation matters involving alleged title defects, tort claims and contractual disputes
Representation of several high-profile hospitality groups in connection with the development, sale, purchase, financing, refinancing, leasing and management, as applicable, of many prominent restaurants and taverns located in Western Pennsylvania and the surrounding area
Representation of many local, regional and national retailers in connection with their purchase and/or lease of real property, equipment and inventory, as well as in connection with the day-to-day operation and management of their business affairs