Public/Private Infrastructure & Development
Building the Framework for Success
The attorneys in the Infrastructure & Development Practice help businesses prepare for opportunities, navigate changing landscapes, and find innovative solutions to build the framework for the new economy. We help steer projects that create jobs and develop the communities where people want to live, work and play.
In addition to the traditional infrastructure of pipelines, railroads, and highways, we are actively engaged in public facilities infrastructure, sports venues, and mixed-use development projects constructed for public and private uses, and often with public and private ownership. Spiritus Law is adept at working closely with municipalities and states and their elected officials to negotiate the optimum financing structure and navigate complex regulatory environments for clients entering into infrastructure and development projects.
Developing Communities for Everyone
- Serving as General and Special Counsel for various Community Redevelopment Agencies in the South Florida area.
- Negotiation and drafting of Infrastructure Grant and Tax Increment Financing agreements between local governmental entities and private developers for Public/Private Partnership projects.
- Assisting local governmental entities in the development of public facilities, negotiating and drafting the terms and conditions of agreements entered into between local governments and private contractors.
- Drafting grant agreements between Community Redevelopment Agencies and local businesses, reinvesting tax dollars into the revival of local communities.
- Advising clients with respect to terminal development and airport leasing.
- Negotiating and documenting interstate highway development projects, including procurement, construction, and real estate matters.
- Advising clients on sports stadium and arena development, financing, construction, and permitting.
- Wearable innovations are making their way to the job site with work boots that connect to Wi-Fi and alert others if a person has fallen. Material moving “mules” transport heavy or hazardous materials, and tasked robots construct scaffolding or lay bricks autonomously.
- The biggest differentiator for builders and developers this year is likely to be technology in construction — specifically, the innovations that can enhance efficiency. The COVID-19 pandemic is causing increased reliance on construction technology; these are a few types of tech that will only increase in popularity through 2021 and beyond.
- Experts see blockchain technology improving relationships in the construction industry — it’s a powerful component in providing a more secure and fast-moving workflow that allows all involved parties access to improved productivity.
- Drone use in the construction industry continues to be one of the fastest growing trends, with usage rising by 239 percent year over year. The technology offers far more uses than just aerial photography for real estate and commercial efforts.
- Augmented Reality: On the client front, AR means efficient project-staging, and making pre-construction projects tangible for buyers and tenants. For builders and developers, AR facilitates the use of wearable technology and 360-degree video to enable things such as 3D visualization of future projects on their surrounding environment, automated measuring of buildings, fast and affordable simulation of architectural and structural changes, safety training and hazard simulations.
- Building information technology is helping industry leaders stand out with improved efficiency. BIM allows users to generate computer renderings of buildings and utilities.
- Mobile applications in the construction industry allow worksite access like never before possible, including real-time inspections, on-site accountability, and accurate measurements taken from a mobile phone camera.
- Some of the biggest tech companies in the world, like IBM, Microsoft, and Cisco, are investing heavily in megaprojects to build smart, sustainable cities. These cities are more intricate and interconnected than most megaprojects and require intense planning and development prior to commencement.
Connecting in More Ways Than One
- The team represented American Airlines, Inc. in the construction, financing, and lease of the North Terminal Development (NTD) Program on behalf of Miami-Dade County at Miami International Airport. The NTD Program will cost $2 billion and is planned to span 3.2 million square feet and stretch 1.3 miles. The Program includes airline terminals, ticket offices, counters, departure/arrival gates, lounges, Immigration and Naturalization Service facilities, laser baggage systems, concessions, and an automated people mover system. Our team handled drafting, negotiating, and obtaining governmental approval of all agreements with Miami-Dade County and helped navigated procurement, permitting and construction matters.
- We worked closely with the Florida Department of Transportation in coordinating a public/private transaction for the development of the Cypress Creek Park and Ride Facility as a mixed-use complex featuring office, retail, and public transportation components. The team drafted and negotiated a 99-year lease agreement with the developer and helped hurdle integral transportation issues relative to the Tri-Rail Authority.
- On behalf of the Florida Department of Transportation, our attorneys helped close a public/private transaction for the development of the Sheridan Street Park and Ride Facility. This mixed-use project combines affordable housing, education, government office, retail, and public transportation components. We handled the drafting and negotiation of a 99-year lease agreement with the developer and addressed transportation issues relative to the Tri-Rail Authority.
- Our attorneys represented The Heat Group (d/b/a Miami Heat) in its construction, management and operation of the American Airlines Arena, a state-of-the-art waterfront venue owned by Miami-Dade County. We drafted, negotiated, and obtained integral governmental approval of agreements with Miami-Dade County and the City of Miami, and helped navigate procurement and construction matters related to the project and its impact on the Port of Miami.
- The City of Homestead, Florida turned to the Spiritus team to handle its construction and leasing of the ambitious Homestead Motorsports Complex (HMC). The HMC is a 65,000-seat auto racing complex located on a 600-acre site which hosts, among other events, the final race of the NASCAR NEXTEL Cup Series every year. We advised the City on all public financing, environmental permitting, and construction matters (including contractor litigation), as well as drafted the lease and management agreements with the arena's operator.
Spiritus Law has created pricing and budgeting guidelines designed to provide transparency in our fee structures and efficient cost accounting and planning.
We understand the importance of cost management, and we continually identify alternative billing structures that can accommodate both large projects involving various service and permitting needs and as well as small focused projects.
Our vast knowledge in the industry has always allowed us to create a competitive rate structure and alternative fee arrangements. This allows us and our clients to examine and consider the most effective billing method for their project. Our fee arrangements may include any of the following:
- Traditional Hourly Billing with monthly invoicing;
- Flat Fee per project billing for routine licensing matters;
- Monthly retainer billing for ongoing consulting services;
- Fee caps for special limited projects; and
- Quarterly billing arrangements based on project scope.
Interactive and collaborative client communication is a primary focus of our project management and enables us to promptly identify issues that may increase projected budgets or require the need of additional legal services. We routinely produce work plans so our clients can see what we will be doing in addition to what we are doing.
While each matter and each client’s goals are unique, we strive to identify and streamline standard processes and document requests to ease the burden various regulatory filing processes can impose on your in-house team and reduce the risk of unexpected legal fees.