Public-Private Partnerships for Development: Best Practices
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Gain an understanding of how the P3 model works and the issues you may face.Public-private redevelopment projects typically involve the economic revitalization of underutilized or blighted areas, such as vacant waterfront properties, or former industrial contaminated sites. While these projects present exciting transformative opportunities for economic growth, they are usually considered high-risk, requiring private and governmental collaboration and financial investment. Public-private partnerships require a high level of coordination between the redeveloper and municipality on a wide-range of matters, including assembling the property, infrastructure investment, land use and zoning review, responding to changing economic or other conditions, environmental remediation, and public relations. This topic will provide practical suggestions to assist parties navigate a successful public-private partnership.
Authors
David J Cooper, Esq., Zarin & Steinmetz Brad K. Schwartz, Esq., Zarin & SteinmetzAgenda
Creating the Partnership
• Selecting the Redeveloper Partner
• Roles of Different Municipal Development Agencies
• Site Assemblage - Including Eminent Domain
• Master Planning and Zoning
Key Provisions in Land Disposition and Development Agreements
• Purchase Price
• Apportioning Responsibilities for Infrastructure and Other Improvements
• Project Flexibility
• Closing Conditions
• Construction Phasing and Timing
• Default/Termination
Advancing the Project
• Land Use Entitlements
• Financing Public Amenities/Infrastructure
• Navigating Project Evolution
• Post-Approval Modifications
• Environmental Remediation
Other Considerations
• Building Consensus (or Not) - Other Agencies, Community Stakeholders
• Vested Rights
• Construction During Litigation