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Practices
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One of the evolving areas in United States public finance is infrastructure development involving public-private partnerships (P3). Kamlet Reichert has a multi-disciplinary team to serve as counsel to participants in multiple aspects of public-private partnerships. Our firm’s attorneys are ready to provide legal advice and counsel to governmental entities, concessionaires, lessees, managers, lenders, credit enhancers, and other P3 participants.
We have assembled a multi-disciplinary team to service P3 clients because P3 infrastructure development is multi-dimensional and complex. On one level, P3 infrastructure development can be viewed under the umbrella of public finance. In a general sense, public finance involves the allocation of capital resources to the funding of state and local governments and hard economic and social infrastructure projects by or through state and local governments, public authorities and quasi-governmental corporations. P3 infrastructure development is itself an umbrella term that describes various techniques to allocate capital and risk in the delivery and/or operation of public infrastructure projects by private parties. In a more particular sense, P3 infrastructure development may involve congruous public and private projects and financing, or may involve public financing of certain privately developed and/or operated infrastructure facilities, with the public financing achieved through the issuance and sale of tax-exempt bonds. P3 infrastructure development, however, entails much more than simply public finance elements.
Advice and counsel on public finance law indeed can be an important aspect of the services we provide to a particular P3 client under applicable circumstances, but we recognize P3 also covers the procurement, delivery, operation and/or management of hard economic and social infrastructure investments. Accordingly, Kamlet Reichert’s P3 resources include seasoned attorneys with relevant experience across a range of disciplines. To serve our P3 clients, we have the capacity and the capability to assemble multidimensional teams of our attorneys, with relevant experience in:
Representative examples of our depth and capability are set forth below.
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Kamlet Reichert’s attorneys were integrally involved with the creation of applicable authority under Colorado law to support P3 infrastructure development by state and local governmental entities. Barbara Kelley, whose has extensive public finance, structured finance and project finance experience locally, nationally, and internationally, led the firm’s efforts in the drafting of Colorado’s “Integrated Delivery Method for Public Projects Law” enacted in 2007
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Attorneys in Kamlet Reichert’s Public Finance practice group have served, at either Kamlet Reichert or at their prior law firms, as bond counsel, underwriter’s counsel, disclosure counsel, trustee’s counsel, bond insurer’s counsel, letter of credit bank’s counsel, borrower’s counsel, and/or investor’s counsel across a wide spectrum of projects, including hard economic infrastructure projects such as airports, highways, toll roads, railways, rapid transit systems, telecommunications, bridges, tunnels, ports, and electric and gas generation, transmission and distribution facilities, and hard social infrastructure projects such as hospitals, schools, colleges and universities, water projects, wastewater treatment systems, resource recovery facilities, affordable multifamily residential rental housing, elder care communities and facilities, correctional facilities, and sports stadiums
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Attorneys in Kamlet Reichert’s Real Estate practice group regularly represent lenders, developers and other investors with regard to the acquisition, development, construction, interim and permanent financing and disposition of a wide variety of major commercial, retail, industrial, residential, and mixed-use facilities. Our experience covers, without limitation, the negotiation and documentation of development and construction agreements for major retail centers, office buildings, and resort facilities
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Kamlet Reichert’s public finance and real estate attorneys have represented developers in innovative public-private partnerships and joint developments in the Denver metropolitan region, including, without limitation, the Denver Convention Center Hotel, the Colorado Mills destination retail complex, and the Belmar mixed-use retail and residential community
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Kamlet Reichert attorneys have created innovative solutions for public-private development collaboration, including tax increment financing structures, private improvement fee revenue bonds, various leasing arrangements, and design-build contracts and other integrated project delivery and operation methods
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