Real Estate Development, P3, and Infrastructure

Venable's real estate development attorneys offer fully integrated and innovative solutions to clients embarking on complex development projects.

Our comprehensive real estate development law practice allows us to advise clients on the full range of real estate, construction, land use, environmental, property management, and other matters that can arise. These include:

  • Assisting with transaction structuring, public and private funding and financing, complex utility and easement issues, development rights (FAR), acquisition, and disposition
  • Documenting and negotiating lease agreements, development agreements, design and construction agreements, and financing and funding transactions
  • Managing government approvals and other regulatory issues, including land use and environmental reviews – under the federal National Environmental Policy Act (NEPA), the New York State Environmental Quality Review Act (SEQRA), the New York City Environmental Quality Review (CEQR), and the California Environmental Quality Act (CEQA), among others

Venable is widely recognized for its representation of governmental and quasi-governmental entities and private parties undertaking public-private partnerships (P3) for the development of infrastructure, transit-oriented development, and other mixed-use projects. In this capacity, we are adept at working with government authorities to reconcile conflicting requirements of multiple government sponsors and funders.

Experience
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Representative Matters

Development

Development of a New Museum (NYC)

Representing the Studio Museum in Harlem in the design, construction, and financing of a new 80,000 square foot, $175 million museum. The project involves a design and approvals process; real estate transactions bridge financing; new markets tax credit financing; state attorney general, Department of Education, and state court approvals; City Public Design Commission and Community Board review; CEQR environmental review; design and construction contracting; and local and M/WBE contracting, among other matters

Large-Scale Mixed-Use Development (New Jersey)

Representing the owner of a large tract of land in an urban center multiphase redevelopment, which includes residential towers, retail use, a park, parking facilities, and infrastructure. Our work includes formation of a development joint venture and negotiation of a reciprocal easement agreement in collaboration with New Jersey counsel

Development of Gas Storage Terminals (St. Thomas and St. Croix)

Represented the U.S. Virgin Islands Water and Power Authority in the financing, acquisition, and development of liquified petroleum gas receiving and storage terminals on St. Thomas and St. Croix, together with a related management agreement and an LPG supply agreement with global energy trading giant Vitol

Jacob K. Javits Convention Center (NYC)

Providing legal services for the $1.5 billion expansion of the Jacob K. Javits Convention Center, including contract negotiation and services related to the design-build agreement. The expansion will increase the total area of the facility to 3.3 million square feet, including a multistory atrium, 100,000 square feet of permanent exhibition spaces, a 165,000 square foot conference room, and a 58,000 square foot ballroom, which will be the largest on the East Coast, and will add an extra 22,000 square feet to what is already the largest green roof in New York City

Public-private Partnerships (P3)

Rhode Island State Health Lab (Providence, RI)

Represented Ancora L&G in the negotiation of development and land acquisition agreements with two Rhode Island state agencies for the construction of a 200,000 square foot building in Providence, Rhode Island. The new building will be a commercial condominium with two units – one owned by the State of Rhode Island and one owned by Ancora – and will be the new home of the Rhode Island State Health Lab. This project will be the first capital project to receive funding from the U.S. Centers for Disease Control and Prevention. Venable will also represent Ancora in connection with the building construction.

Moynihan Train Station (NYC)

Represented Amtrak in the redevelopment of the Farley Post Office in New York City as the new Moynihan Station. This project involved real estate, land use, and environmental issues; multiple sources of government funding; negotiation of construction agreements and a development agreement for design-build construction; formation of a commercial condominium; title transfers; and negotiation of property management arrangements

Refurbishment of 800 Bridges (Missouri)

Represented Zachry American Infrastructure in Missouri's Safe and Sound Project to refurbish 800 bridges throughout the state of Missouri, intended to be financed through private activity bonds and structured as one of the state's first public-private partnerships

Willets Point Neighborhood Redevelopment (NYC)

Representing New York City Economic Development Corporation (NYCEDC) in the remediation, redevelopment (including new district-wide infrastructure), and ground leasing of portions of the Willets Point neighborhood in Queens, New York

Silver Line – Phase 1 Design and Construction (Washington, DC)

Represented a private consortium that partnered with the Commonwealth of Virginia and a public entity in the design and construction of Phase 1 of the Silver Line, now owned and operated by a large metropolitan East Coast transit authority. The project represented the largest single addition to the Metro's capacity since its inception, with 25 miles added to the 106-mile system. Advancing this project required continuous coordination with Virginia's congressional delegation, the Federal Transit Administration, the government of Virginia, the public entities involved, area business leaders, transportation organizations, and members of the public

Brooklyn Navy Yard Mixed-Use Development (NYC)

Represented Brooklyn Navy Yard Development Corporation in the negotiation of the Admiral's Row development, which involved the leasing of over six acres of the Brooklyn Navy Yard to a developer for the construction of light industrial, office, supermarket, community facility, and retail improvements, including development covenants and expansion options

Toll Road P3 Partnerships (Texas)

Represented Zachry American Infrastructure in connection with several public-private partnerships involving major toll roads in Texas

Crystal City (Virginia)

Represented JBG Smith in a deal with Arlington County to provide new affordable housing, park space, and transportation improvements in Crystal City in exchange for increased density at three of its Amazon-adjacent mixed-use projects. As a result of these efforts, our client will be able to build an additional 1 million square feet of density above that typically permitted by zoning in one of the strongest real estate markets in the region

Infrastructure

Tradepoint Atlantic Container Terminal (Baltimore)

Representing the owner of a 3,000+-acre intermodal facility in connection with a joint venture with port operator Terminal Investments Limited to develop and operate a 165-acre container terminal in the Port of Baltimore

Frederick Douglass Tunnel (Baltimore)

Representing Amtrak in connection with the development of the Frederick Douglass Tunnel, a proposed new rail tunnel in Baltimore that will replace the 150-year-old B&P Tunnel, part of the Northeast Corridor route

Amtrak's Hudson Tunnel Project (NYC)

Representing Amtrak in connection with the development of a new trans-Hudson rail tunnel on the West Side of Manhattan, running from New York's Penn Station to New Jersey. This highly complex project involves the drafting and negotiation of construction agreements, including the design-build construction contract for the initial phase of the project, as well as easement agreements, development agreements, and other agreements with public and private owners and stakeholders, including the developer of the 6 million square foot mixed-use Hudson Yards project above the tunnel, MTA/Long Island Rail Road, and other property owners. The transaction involves federal, state, and city approvals and government funding

Tradepoint Atlantic Intermodal Facility (Baltimore)

Representing the owner of Tradepoint Atlantic, a 3,000+ acre site (formerly the largest U.S. steel manufacturing facility), in connection with the redevelopment of the site as an industrial park and intermodal distribution facility. We are advising the owner regarding multiple infrastructure and industrial projects, including the development and construction of water and sewer facilities and roadways within the site, which involved negotiation of agreements for federal TIGER grants and Baltimore County funding agreements

World Trade Center Redevelopment (NYC)

Representing the Lower Manhattan Development Corporation (LMDC) since shortly after 9/11, as land use/regulatory, construction, and real estate counsel for the redevelopment of the World Trade Center site and other projects in Lower Manhattan funded by federal grants. Advised on the State Urban Development Corporation Act and Public Authorities Law and on LMDC Board and other requirements for the planning and implementation of the World Trade Center Memorial and Redevelopment Plan, including land use review, environmental review, appraisals, public hearings, use of federal funds, and negotiation of contracts with government and private stakeholders

Red Line Expansion (Chicago)

Members of our team advised the Chicago Transit Authority (CTA) in the preparation of related procurement documents, including the RFP and accompanying design-build agreement for use with the CTA's $57.5 million rehabilitation and expansion of seven rail stations along the North Main Line (the Red Line)of the CTA's elevated train system

North Potomac Yard (Virginia)

Represented a joint venture owner in connection with the negotiation of definitive documents relating to the North Potomac Yard redevelopment in Alexandria, Virginia, including the transfer to and redevelopment with Virginia Tech of its contemplated $1B North Virginia Innovation Campus, as well as the infrastructure and predevelopment relating to six additional office and multifamily sites adjacent to the soon-to-be-completed Potomac Yard Metro station