Public / Private Partnership Law: Calfee

In recent years, limited state and federal resources have heightened the need for innovative approaches to take community development projects from the drawing board to completion.

Calfee has become a leader in counseling clients on the development of projects requiring the cooperative use of public and private resources. The firm’s experience in real estate, partnership law and taxation, and commercial and municipal finance, combined with broad experience in governmental matters, has enabled us to assist clients in developing programs that are models of public and private sector collaboration.

In addition to providing the traditional real estate and financing representation that these projects require, Calfee attorneys bring a unique understanding of the public sector derived from years of professional experience in public law, public finance and government relations. This background provides the firm with significant strength in advising clients on programs requiring government involvement.

Calfee represented the State of Ohio in the State’s first public-private partnership financing of a new public highway. Our attorneys have counseled nonprofit organizations and public universities regarding student housing and parking alternatives to address funding concerns. In addition, we have represented governments and developers in partnering on complex mixed-use projects.

Experience

Calfee served as counsel to the Ohio Department of Transportation with respect to ODOT’s first P3 project, the Portsmouth Bypass (now known as Veterans Memorial Highway). Our engagement included preparing Requests for Qualifications and Requests for Proposals including a detailed Public Private Partnership Agreement, as well as assisting in structuring private activity bond financing for the project.
We have recently served as bond counsel on a public private transaction to provide alternative financing of multiple parking facilities.
Assisted Fortune 500 corporation in obtaining commitments for supplemental government loan guarantees to further secure federally guaranteed loans.
Served as counsel to three Cleveland public/private investment funds involved in providing more than $100 million of debt and equity funding for area housing, retail, commercial and public improvement projects.
Represented utility company in tax-deferred exchange involving two nuclear and five fossil fueled electrical power plans and related assets.
Represented public hospital in synthetic lease transaction for new parking garage.
Acted as Ohio local counsel for one of Ohio’s full-service casinos, assisting with land assemblage, tenant relocations, demolition and construction, historic landmarks, landowner lawsuits, receivership purchases, and venture financing in excess of $800,000,000.
Assisted the developer during the acquisition and restoration of the Old Arcade in Cleveland’s central business district, including the negotiation of multi-tiered public and private financing arrangements and real estate tax abatement.

Services

Real Estate

Calfee’s practice group represents a wide range of clients including developers, investors and syndicators, institutional lenders, individuals and corporate clients in connection with matters related to the acquisition, disposition, construction, development, leasing, and financing of real property assets. In addition to conventional purchase, sale, loan, and lease transactions, this practice encompasses the formation of investment syndications, joint ventures, and economic development incentives, the structuring of synthetic leases and tax-deferred exchanges, and the representation of clients in complex multi-site and multi-state transactions.

Master development programs
Joint ventures and syndications
Site acquisition and control
Building and zoning compliance
Environmental due diligence and compliance

Government Relations

Calfee’s Government Relations and Legislation practice is respected for its political savvy and effectiveness, legal expertise, honesty, and relationships with all levels of local and state government on both sides of the political aisle. Since 1988, our full-service lobbying group has appeared before the Ohio General Assembly, statewide elected officials, executive agencies, commissions, and departments of state government. We advocate for our clients in a strong, clear voice that makes an impact.

Analysis of public policy perspectives
Legislative strategy, development and implementation
Creation of coalitions
Development of “grassroots” support programs

Commercial Finance

We represent clients in all aspects of transactions, financings and debt structures. The firm's commercial attorneys counsel financial institutions and borrowers in analyzing, structuring, documenting and negotiating all aspects of finance in private, public, syndicated, international and governmental settings. Our diversified backgrounds enable Calfee attorneys to understand all aspects of securing financing for a project.

Public Finance

Calfee is regarded as one of the foremost bond counsel firms in the State of Ohio. With more than 30 years of experience in this field, we regularly represent Ohio municipalities, counties, townships, the State of Ohio, special districts and other political subdivisions as bond counsel, issuer's counsel and special counsel, and serve as underwriters' counsel to various local and national investment bankers.

Public/private investment funds
Low income housing credit projects
Historic rehabilitation credit projects
Conduit financing
Tax increment financing
Tax abatement
Governmental loans and grants

We were among the first firms to serve as bond counsel in connection with the issuance by a port authority of bonds payable from municipal tax increment financing revenues and “backed up” by voluntarily-imposed special assessments paid to the municipality. This novel structure permitted the financing of a public parking facility adjacent to an inner-ring suburb retail center.