Continued downward pressure on government budgets combined with mounting need for improvements to roads, sewers, schools and other public assets creates business opportunities for private companies to partner with public entities to fill that void. Public, Private Partnerships (P3) are mutually advantageous arrangements allowing public needs to be met with private financing, ingenuity and experience and permits the public sector to transfer some of the risks of such projects to the private sector.
Becker established its Public, Private Partnership practice team with attorneys having proven public and private sector knowledge, experience and contacts in order to assist governmental entities and businesses seeking to partner on public facilities in overcoming dwindling government funds and ever-increasing demands for improved roads, sewers, schools, civic buildings and other public assets.
Becker’s P3 team has long standing experience representing governmental entities and private sector governmental vendors. Representative projects include Louisiana State University’s P3 development of the Nicholson Gateway, a residential hall/mixed use, multi-phase project estimated at approximately $400 million. Other P3 representations include projects at the University of Central Florida and Bethune Cookman University (a private development following the P3 model). The firm is currently engaged on P3 projects such as the Wet N Wild water park in Fort Lauderdale, the Broward County Convention Center Hotel and Nova Southeastern University’s residential hall (another private development following the P3 model). The firm represents both public and private sector participants, so we are adept at anticipating issues and concerns our client’s partners may have and we can offer early solutions.
Our team adds value to every engagement. We assess the political landscape, reach out to key decision makers, and advise on regulatory requirements. We also advise on procurement strategies, deal structure, and contract negotiations. We assist in structuring all aspects of the transaction, while continually providing general legal and strategic counsel in areas including:
- Real Estate, Transactional, Financing. Our Real Estate, Corporate and Securities attorneys help structure, document and close transactions; they assess project feasibility, address land use issues, handle all contracts and draft funding agreements;
- Legislation and Lobbying. Our Government Law & Lobbying team provides on-call 24 hour/day service helping clients navigate the political landscape for a project and develop strategies for winning support with stakeholders;
- Procurement. Our procurement attorneys assist clients in complying with all requirements of the public contracting and procurement process;
- Development Reviews and Project Permitting. Our firm’s land use attorneys advise clients on compliance with laws relating to development, environment, land use and more that are needed for government approval of major infrastructure projects;
- Contract Drafting. Our firm handles the drafting and review of all manner of agreements necessary to implement P3s, including, but not limited to, development agreements, operation agreements, lease agreements, memoranda of understanding, and financial agreements.
Experience
- Currently represents Hall of Fame Partners LLC, on the International Swimming Hall of Fame project. The $190 million P3 project will include the redevelopment of the Hall of Fame property with the abatement and demolishing of certain existing facilities located on the property. The project will also include the design, development, construction and equipping of an ocean rescue building, refurbishment and repair of the sea wall, a public dock facility, a promenade, welcome center, museum, gift shop, café, aquarium, approximately 27,000 sq ft of office space, parking garage, and more. The East and West Buildings will be fully designed and built in various phases, located at the Fort Lauderdale Aquatic Center peninsula.
- Represents Greater Orlando Aviation Authority on P3 projects for the Authority
- Represents the Miami Dade County MetroCenter Redevelopment P3 Project
- Represents the Florida Community Development Corporation in a P3 transaction with the City of Miramar to develop and construct ParcView at Miramar, a 66-unit workforce townhome development for ownership by buyers within the 80-120% AMI for Broward County, FL. The City of Miramar is providing the land, an infrastructure grant and a purchase assistance program for end buyers. The developer is also developing a green space park for the City is part of this project.
- Represented Carrie Meek Foundation in the formation of a joint venture with Foundry Development to develop property subject to a ground lease from Miami-Dade County located at the Opa-Locka Airport, on which The Meek Business Park was developed which business park includes the 800,000 sq ft Amazon Distribution Center that was developed and constructed.
- Acted as lead counsel for the Louisiana State University Property Foundation’s public/private partnership development called the Nicholson Gateway Project, the largest development project in the history of LSU, featuring a multi-phased bundled package of facilities with a total estimated development budget for the first phase of $400 million.
- Represents developer, Azur Equities, negotiating a package of CRA incentives as well as a $2.5 million purchase and developer’s agreement from Davie’s Town Council for the entertainment project, Frontier Square. The 150,000 square foot commercial space will bring restaurants, a 60-room hotel, and other entertainment to the Town of Davie.
- Represented My Park Initiative, LLC in a P3 transaction with the City of Fort Lauderdale to design, construct, operate, and maintain a pickleball facility at Snyder Park.
- Hired as P3 counsel by the City of North Miami for the downtown redevelopment of a new city hall, parking solutions, police station and downtown district renovation. Providing strategic advice on options for organizational structuring and financing mechanism. Will advise on RFP and procurement process. Additionally, we are working on negotiating a ground lease on behalf of the City with a developer to develop a non-P3 mixed-use development consisting of multifamily housing, including “workforce housing” units, retail and a garage. We drafted and guided the enactment of a P3 procurement ordinance for the City.
- Represented Nova Southeastern University on a private housing development deal structured after a P3. When the private partner’s financial model didn’t accommodate a P3 delivery model, we steered the University’s conversion of the procurement into a design/build delivery to save the project procurement and deliver the facility.
- Represented the Government of Puerto Rico in its pursuit of a P3 solution for the expansion of the University of Puerto Rico’s Mayaguez Campus, consisting of student housing, parking, and student life facilities.
- Represented the University of Central Florida’s performance bondholder for a student housing project. Provided advice on P3 and housing-related laws.
- Represented Bethune-Cookman in a P3 type transaction involving the sale/leaseback of land for the construction of a new student housing project on campus.
- Represented a private developer in the negotiation and purchase of land from the Town of Davie CRA, which project was located on a prominent corner of the main street in Town for the construction of a mixed use commercial retail center, hotel and parking garage in which the Town will have the use of 250 parking spaces.
- Represent MBA Development Partners of Florida, LLC in the purchase and development of land owned by the City of Deerfield Beach, Florida for the development of a mixed-use development on the land to be purchased from the City of Deerfield Beach. Developer submitted said proposal to purchase and develop the land in response to the ITN issued by the City of Deerfield Beach and was approved by the City Commission and was awarded the right to negotiate the purchase and sale as the top ranked proposer.
- Represented Premier Water Parks, Inc. in a P3 transaction with the City of Fort Lauderdale in the redevelopment of the Lockhart Stadium and surrounding property to include, but not be limited to, a refurbished stadium and water park.
- Developed and guided the enactment of a P3 procurement ordinance and issuance of a RFP for a P3 development project for the City of South Miami for a new City Hall, with utility upgrades added to enrich the project.
- Sent overseas eight times by the US Department of Commerce’s Commercial Law Development Program to train the governments of allied countries on behalf of the US Federal Government on how to set up their P3 programs and develop a successful P3 practice.
