Practice Areas
Public/Private Partnerships
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The attorneys in Miller Starr Regalia’s Public/Private Partnership Practice Group have extensive expertise representing both public entities and private developers in public/private partnerships. This enhances our ability to structure public/private partnership transactions, which require the long-term cooperation of public and private parties with disparate goals and motivations, to successfully achieve mutually beneficial projects.
Our public/private partnerships have resulted in innovative, financially successful projects, which include mixed-use development in former blighted or underutilized areas, adaptive reuse of underperforming assets, rehabilitation and preservation of historic properties, and transit-oriented development.
Our attorneys have extensive experience with structuring, documenting, entitling, financing and implementing long-term, complex projects involving public/private partnerships on privately- and publicly-owned land, including urban infill and other lands within redevelopment areas and former military bases, as well as state lands, lands held by transit districts, and federal enclaves such as lands held by the National Park Service, the Presidio Trust, and NASA.
Our comprehensive expertise arises from extensive experience in complex public/private partnership projects from inception, through entitlements, financing, and construction, to management and operations. Our experience includes development of (or response to) requests for proposal, negotiating letters of intent, exclusive negotiating agreements and term sheets, which will in turn guide the negotiations of development agreements and disposition and development agreements that will govern entitlements and embody the project phasing and development, whether through long-term leases, fee dispositions or a combination. We are well-versed in the financing requirements of the private entities involved in the public/private partnerships and the financial tools available to the public entities, including bond and tax increment financing, affordable housing and historic preservation tax credits, community facilities and municipal service districts, and other funding sources.
We are also adept at addressing public agency requirements, such as the transfer of contaminated former military bases, with related governmental cleanup and oversight obligations, subdividing and developing transit-oriented projects adjacent to an operating transit station, and leasing and financing the adaptive reuse of federally-owned buildings, historic and otherwise.