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Public-Private Partnerships

Municipal Law

Uniquely positioned to provide strategic advice for both public and private clients from negotiation through implementation of successful public-private partnerships and joint ventures.

Best Best & Krieger LLP’s Public-Private Partnership/Joint Venture Group -- which integrates the practices of public agency law, land use, commercial law, real estate transactions and finance, public finance and construction law -- is uniquely positioned to provide strategic advice for both public and private clients from negotiation through implementation of successful public-private partnerships and joint ventures.

A Public-Private Partnership is an arrangement between a public agency (federal, state or local) and a private sector entity.  Through this arrangement, the expertise and assets of each sector (public and private) are combined to deliver a service or facility for the benefit of the community.  Public-Private Partnerships combine real-world business expertise with extensive knowledge about how government agencies work – from their legislative and decision-making processes and political environments to financing tools, governing laws and public relations concerns.  Our attorneys leverage this unique understanding when counseling public agencies, as well as the private entities with whom they partner. 

Allocation and management of the risks inherent in a particular transaction, including design, construction, operation, financing and taxation impacts, as well as state and federal regulatory issues is at the heart of Public-Private Partnerships.  Our attorneys have pioneered new and evolving public-private contractual arrangements for transportation and public infrastructure projects, redevelopment, military base reuse, master planned communities, commercial and industrial projects.  The proper alignment of public and private interests is critical for success.

BB&K’s Public-Private Partnership/Joint Venture Group provides a set of tools that allow public entities, private project proponents and investors new and expanded opportunities for successful endeavors, especially during these economic times.  Whether it is the delivery of capital projects or a particular service, a concession, performance, incentive, or philanthropic agreement, BB&K has the experience and tools to help reach a workable solution.

Our attorneys provide specialized service in the following areas:

Affordable Housing

  • Community Facilities Districts/Assessment Districts: Serve as bond counsel for local agencies that finance public infrastructure, including affordable housing, with Community Facilities Districts or Assessment Districts which levy a special tax or assessment on new development in the area.
  • Multi-family Housing Projects: Served as bond counsel to both for profit and non-profit entities to finance the construction, acquisition and rehabilitation of multifamily housing projects.
  • Mobile Home Parks: Helped local non-profit housing operators throughout California acquire mobile home parks in order to preserve low- and moderate-income housing.

Arenas

  • Arco Arena: Represented the owner of Arco Arena in the City of Sacramento and the owner of the Sacramento Kings NBA team in negotiations and implementation of a public-private partnership. The city issued taxable bonds to refinance the private indebtedness on the arena, allowing the team to commit to remain in the city for the duration of the bond financing.
  • Downtown San Jose Arena: Represented the San Jose Redevelopment Agency in negotiations and implementation of a public-private partnership for the public funding, construction and ownership of a new downtown arena with the San Jose Sharks NHA team as the major tenant. Under a management agreement, the owners of the Sharks were responsible for the maintenance and operation of the arena.
  • Portland Rose Garden Arena: Represented the City of Portland in negotiations and implementation of a public-private partnership for the private financing, construction and ownership of the Rose Garden Arena, home of the Portland Trailblazers NBA team, with city participation in public open space areas and parking for the arena.

Asset Management, Monetization and Joint Use Agreements

  • Lemon Grove School District: Represented the Lemon Grove School District in negotiating contracts for construction and services related to the new Library which is a project between the County of San Diego and the Lemon Grove School District.
  • Jewish Federation Sacramento Campus: Represented the Jewish Federation of the Sacramento Region in their efforts to monitize their former eight acre campus.
     

Commercial/Retail/Industrial Incentives

    BB&K attorneys have represented many corporations on various industrial incentives/public-private partnerships throughout California such as the:

    • NEC Plant (Roseville)
    • Kikkoman Plant (Folsom)
    • Campbell Soup Plant (Sacramento)
    • Blue Diamond Plant (Sacramento)
    • Ritchie Bros. Auction House (Tulare)

Health Care Services and Facilities

  • Antelope Valley Hospital District: Served as special counsel to the Antelope Valley Hospital District regarding commercial paper notes to fund the development of doctors’ office and radiology lab facilities on district property.
  • Beaver Medical Clinic: Served as special counsel to the Beaver Medical Clinic for commercial paper notes to finance construction of additional doctors’ offices.
  • Fullerton School of Optometry: Served as special counsel to the Fullerton School of Optometry in connection with a public offering of bonds to fund capital expansion.

Major Downtown Projects/Hotels/Convention Centers

  • Silicon Valley Financial Center: Represented the San Jose Redevelopment Agency in the negotiations and implementation of a public-private partnership with a private developer for the Silicon Valley Financial Center, a mixed-use hotel, office, retail and housing project to anchor the city’s downtown core.
  • Yerba Buena Gardens: Represented the San Francisco Redevelopment Agency in the negotiations and implementation of a public-private partnership with a private developer for the Yerba Buena Gardens, a mixed-use hotel, office and retail project integrated with new museums and public gardens on and adjacent to the San Francisco Convention Center. Public capital costs were funded from developer’s purchase of office sites, and maintenance and operating costs were funded from a combination of developer’s lease payments for the hotel/retail sites and common area assessments on the private development within the project.
  • Vineyard Creek Hotel and Conference Center: Represented the Santa Rosa Redevelopment Agency in negotiations and implementation of a public-private partnership for the Vineyard Creek Hotel and Conference Center. This included a ground lease from the agency to the developer for construction, maintenance and operation of the privately-owned hotel and a facilities and parking lease from the agency to the developer for the construction, maintenance and operation of the publicly-owned convention center and parking.
  • Sacramento Sheraton Convention Center Hotel: Represented a private developer in negotiations and implementation of a public-private partnership for development of the Sheraton Convention Center Hotel in the City of Sacramento to support the expansion of the city’s convention center. This project is believed to be the first hotel in California financed by the issuance of tax-exempt bonds.

Military Base Reuse

    • Former March Air Force Base (Riverside): Serve as general counsel to the March Joint Powers Authority with regard to the redevelopment of the former March Air Force Base. Among other projects, these include the long-term development and build-out of a 236-acre, sustainable medical campus (the March Lifecare Campus) and the long-term development and build-out of a 1,290-acre mixed-use business park which features LEED certified buildings, solar array facilities and a multitude of developments owned and operated by a variety of private developers (the Meridian Business Park).
    • Former Mare Island Naval Shipyard (Vallejo): Represented the City of Vallejo in negotiations and implementation of a public-private partnership with a private developer and the U.S. Navy for the transfer of the Mare Island Naval Shipyard for private reuse development. Hazardous waste remediation to be conducted by the private developer with funding from the Navy administered by the City – the first transfer of its kind under an environmental services cooperative agreement for a closed military base in California.
    • Air Force Property (Hawthorne): Represented the City of Hawthorne in negotiations and implementation of a public-private partnership with the United States Air Force and a private developer for the closure and disposal of Air Force property for civilian reuse.
    • Former Fort Ord Army Base/The Dunes at Monterey Bay (Marina): Represented a private developer in negotiations and implementation of a public-private partnership for a large mixed use project called The Dunes at Monterey Bay (formerly University Villages). The project was approved by the City of Marina on lands conveyed by the U.S. Army at the former Fort Ord Army Base for civilian reuse, including specific plan entitlements and transactional documents with the city and its redevelopment agency, in addition to implementing agreements with other agencies.
    • Former Fort Ord Army Base/East Garrison (Monterey County): Represented a private developer in negotiations and implementation of a public-private partnership for a large mixed use project called East Garrison. The project was approved by the County of Monterey on lands conveyed by the U.S. Army at the former Fort Ord Army Base for civilian reuse, including specific plan entitlements and transactional documents with the county and its redevelopment agency, in addition to implementing agreements with other agencies.
    • Former Hamilton Field (Novato): Represented the City of Novato and its redevelopment agency in negotiations and implementation of a public-private partnership for the purchase of property owned by the U.S. Navy at the closed Hamilton Field. Attorneys also assisted the city with the planning and developer selection process for the reuse of the property, including the negotiation of all transfer, planning, financing and transactional documents and the creation of unique long-term financial mechanisms to provide the city with sufficient funding for city costs of public facilities and on-going maintenance and provision of city services for the property.

Procurement and Alternative Service Delivery

  • San Ysidro High School – Phase II Improvements: Represented Sweetwater Union High School District in the development of more than 50,000 square feet of building and facilities including a new three-story, 18-classroom building, a performing arts/multipurpose building, covered walkways, athletic courts, a synthetic football field, and other improvements. The design/build budget was approximately $24 million.
  • North County Regional Education Center: Represented a JPA consisting of the San Marcos Unified School District and the San Diego County Office of Education in the construction of a multi-story building shared by the two agencies with general office and administrative facilities, as well as specialized educational facilities for Juvenile Court and Community Schools' students, special education students and other educational support services. The design/build budget was approximately $20 million.
  • San Diego County Operations Center and Annex Redevelopment: Representing the San Diego County Redevelopment Agency, BB&K attorneys drafted and negotiated the design-build component of a development and disposition agreement requiring a private developer to design and construct six office buildings, a new central plant and one parking garage to be silver level LEED certified. Estimated construction cost was $377.5 million.
  • Redwood City Cinemaplex/Parking Garage: Represented the City of Redwood City in a design-build agreement with a private developer to design and construct a 590-space underground parking garage to city specifications as part of a downtown cinema complex.
  • City of Davis Police Headquarters: Drafted and negotiated a design-build agreement on behalf of the City of Davis for a new police headquarters, including updated communications systems and safety features. The attorneys also participated in the vendor selection process. The building was an "essential services" facility as defined in the Health and Safety Code.

Public Facilities and Infrastructure Procurement and Financing

  • Three Rivers Levee Improvement Authority: Represented a land owner group composed of national home builders, developers and landowners in a $400 million public-private partnership to construct a public-safety levee system in Yuba County.
  • East Alameda County Hall of Justice: Served as special counsel to Alameda County on a design-build project for a new court house.
  • Developer-constructed Public Infrastructure: Serve as bond counsel for projects which help developers construct public infrastructure near or adjacent to commercial and retail development.
  • Public Finance: Various public finance projects

Statutory Development Agreements

 BB&K attorneys pioneered the early use by cities and counties of statutory development agreements involving multiple property owners and developers to assure public infrastructure and other public benefits from large master planned projects.  Examples include:

      Public Entity Representation:

    • North Natomas: Represented the City of Sacramento in negotiations with private developers
    • San Joaquin County Regional Distribution Center: Represented San Joaquin County  in negotiations with private developers
    • South San Jose Technology Center: Represented the City of San Jose  in negotiations with private developers
    • Tracy Shopping Mall/Retail Center: Represented the City of Tracy  in negotiations with private developers
    • Town of Mountain House Community: Represented San Joaquin County  in negotiations with private developers for master-planned community
    • Closed Military Bases: Master planned development projects implemented by use of statutory development agreements in conjunction with redevelopment disposition and development agreements at former closed military bases referenced above under the heading “Military Base Reuse

      Private Entity Representation:

    • Wildwood, Nevada County:  Represented private developer in conjunction with residential, master-planned community, and County’s first development agreement
    • Redington Ranch, Colusa County:  Represented private developer in conjunction with residential, master-planned community, and County’s first development agreement
    • Castle Oaks Country Club, City of Ione:  Represented private developer in conjunction with residential, master-planned community.

Telecommunications (Domestic and International)

  • International Telecommunications Policy Counsel: BB&K attorneys have served as legal consultants to more than 30 foreign governments, international financial institutions and foreign investment counseling firms on a variety of telecommunications policy matters including telecommunication regulation, restructuring, liberalization and privatization.
  • Eastern African Submarine Fiber-optic Cable System: Firm attorneys assisted the staff of the World Bank in reviewing and advising developers of EASSy, a 10,000 kilometer submarine fiber-optic cable system deployed along the east and south coast of Africa, on its corporate governance. Our attorneys also provided a regulatory evaluation of the key issues to assure that the group’s submarine project serving Eastern Africa would stimulate competition and fair prices within the participating countries.
  • Honduras Telecommunications Services: Under a direct contract with Honduras Comision Nacional de Telecomunicaciones (CONATEL), BB&K attorneys, in partnership with an economic consulting firm, drafted regulations for nine classes of telecommunications services in Honduras. In addition, the firms conducted 14 seminars for CONATEL commissioners and staff concerning the economic and legal aspects of regulation, and changes in telecommunications technology. The InterAmerican Development Bank provided the funding for this project. Later, firm attorneys again assisted CONATEL preparing proposed interconnection regulations for the telecommunications sector, draft regulations governing paging operators, and a draft of broadcasting licensing regulations.

Transportation Projects

  • SR 91 Toll Road: Represented the general contractor in negotiations and implementation of a public-private partnership between a development team and Caltrans for the design, financing, construction, operation and maintenance of the SR 91 toll road from Orange County to Riverside County, one of two completed pilot toll road projects authorized as public-private partnerships by the Legislature in the early 1990s.
  • Fairfield I-80 Interchange/Mall: Represented the City of Fairfield and its redevelopment agency in negotiations and implementation of a public-private partnership with the developer of the Solano Mall and Caltrans for the financing and construction of an expanded freeway interchange from I-80 to the shopping center.
  • Novato SR 101/Mall: Represented the City of Novato and its redevelopment agency in negotiations and implementation of a public-private partnership with the developer of the Vintage Oaks shopping center and Caltrans for the financing and construction of a new freeway interchange from SR 101 to the shopping center.
  • SR 91 and I-15 Toll Roads: Represent the Riverside County Transportation Commission in the implementation of design-build toll road projects for SR91 and I-15 in Southern California.

 

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