Real Estate Public Private Partnerships and PF1/PF2/PF3 Projects

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Real Estate Public Private Partnerships and PF1/PF2/PF3 Projects

Real Estate Public Private Partnerships and PF1/PF2/PF3 Projects

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At Dentons, we recognize the need for real estate projects to adapt to changing markets, the challenges of today’s financial structurings and restructurings, and evolving owner, occupier, tenant and investor requirements. We also fully understand that the parties to any PPP/P3 project must cope with allocation of risk between the public and private sectors and the participants in often extremely complex transactions. Let Dentons contribute our creativity and breadth of understanding to your project. We have the deeply rooted experience and depth of resources for your demanding, rewarding projects. From urban mixed-use to large-scale developments of any type, Dentons’ lawyers have the experience to assist you from conception to disposal.

We have been involved in PPP/P3 since its inception, often advising on its strategic use and creating documentation on pathfinder projects. Our track record includes:

Accommodation projects
Prisons
Courts
Custodial facilities
Education
Health
Housing
Roads
Rail
Power projects and other infrastructure.

Our team understands the needs of such projects and can contribute valuable skill and experience at all levels including procurement and strategic structuring processes, advising on contractual models and delivery of complex transactions. We can assist you in:

Negotiation of purchase and redevelopment documents
Land assembly
Planning and zoning advice
Creating and using practical and appropriate development and delivery structures
Negotiating documents to deliver schemes
Appropriate risk allocation
Operational and tax efficiency
Maximum liquidity
Compliance with local laws and land ownership restrictions
Workable joint venture terms
Appropriate procurement/entitlement strategies.

We see all sides. We act for the public sector, sponsors, contractors, equity investors and lenders, so we understand issues and pressure points from the viewpoint of all participants. We understand the complexities of funding major projects and have extensive experience in acting for developers, owners, operators and investors on all kinds of financing and funding. And because we have represented clients in the public and private sectors, we offer valuable insight into and knowledge of formal and informal partnerships, through use of PPP/P3 structures or through models such as local, asset-backed vehicles that local authorities and private contractors/investors use. At Dentons, our passion is to work with you locally to deliver real estate PPP/P3 and projects successfully across the globe.

Experience

Domtar Corporation: Advising on the sale of its hydro assets in Ottawa, ON and Gatineau, QC for CA$45 million. The purchaser is Energy Ottawa Inc. (Energy Ottawa), the renewable energy subsidiary of Hydro Ottawa Holding Inc. The agreement with Energy Ottawa signed on April 4, 2012 is subject to customary closing conditions, including certain third party approvals.The transaction includes Domtar's three power stations (21 MW of installed capacity), Domtar's water rights in the area, as well as the company's equity stake in the Chaudière Water Power Inc. (CWPI) ring dam consortium. Domtar currently has 12 workers operating its hydro assets in Ottawa/Gatineau and all employees are to become employees of a subsidiary of Energy Ottawa upon closing of the transaction.
EDF EN Canada Inc.: Advising on the sale to Enbridge Inc. of a 50 percent undivided interest in the 300 MW Lac Alfred wind project. The project, which will entail investments of approximately CA$700 million by both co-owners, is located 400 kilometers north east of Québec City in Québec’s Bas-Saint-Laurent region and will consist of 150 wind turbines supplied by REpower Systems SE. EDF EN Canada Development Inc. will lead and manage the construction phase under a fixed price, turnkey engineering, procurement and construction (EPC) agreement. EDF EN Canada Inc.’s operation and maintenance affiliate, enXco Service Canada Inc., will provide long-term operations and maintenance (O&M) services to the project. Hydro-Québec will buy the power under a 20-year power purchase agreement (PPA) and construct the 30 km transmission line to connect the project to the grid under an interconnection agreement.
Le Plateau Wind Power L.P.: Advising the Agent and Lenders on the project financing, which entered into a credit agreement with Royal Bank of Canada (Agent), as administration agent, and the lenders party thereto as lenders (Lenders), establishing project financing credit facilities in excess of $252 million. The Project Financing related to a wind power energy generation facility located in the Ruisseau-Ferguson unorganized territory in the MRC d’Avignon in Quebec. The Project Financing will be used for the development, construction, ownership and operation of the Project. RBC Capital Markets, Natixis, New York Branch ("Natixis"), Sumitomo Mitsui Banking Corporation of Canada ("SMBC"), Bayerische Landesbank, New York Branch ("BLB") and Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank Nederland", New York Branch ("Rabobank") acted a joint lead arrangers for the project financing. The Lenders under the Project Financing consist of Royal Bank of Canada, Natixis, SMBC, BLB, Rabobank and Union Bank, Canada Branch.
Royal Bank of Canada Natixis New York Branch: Advising on a CA$252 million project financing by Le Plateau Wind Power LP (a wholly owned subsidiary of Invenergy Wind LLC) for the development, construction, ownership and operation of a 138.6 megawatt wind-power generation facility in the MRC d’Avignon, QC.
The Salvation Army: Advising on a wide range of matters and issues, including matters relevant to the delivery of healthcare and social services. Our work includes serving The Salvation Army in regard to the operation of health service providers including: hospitals, long-term care facilities, community mental health service providers, addiction services and the provision of housing and services to those who live with developmental disabilities. Such work includes relations with regional health authorities and local health integration networks, partnerships with other funders and other health service providers. Key areas in which we provide support include internal governance and corporate matters, governance, accreditation, contractual and other arrangements with healthcare professionals, patient care issues, technology and related issues, privacy and the protection of personal health information, P3 and construction project matters, employment, litigation and related matters. Our work for The Salvation Army encompasses and supports the broad range of services provided by The Salvation Army, the largest non-governmental provider of services in Canada.

Recognition

Dentons once again named one of the UK's highest rated planning law firms

March 24, 2017

Dentons is pleased to announce that the Firm has been named one of the top-5 highest rated law firms in Planning Magazine's 2017 Planning Law Survey. The Firm's UK Planning team was ranked fourth overall, rising one place from fifth position in 2016.

Insights

Dentons’ COVID-19 Interactive Lease Tool Kit

April 1, 2020 (Updated on July 15, 2021)

United Kingdom: Dentons’ Real Estate UK team has created a COVID-19 Interactive Lease Tool Kit setting out guidance on some of the most frequently asked questions by landlords and tenants regarding the impact of COVID-19 on both existing and new leases in England, Wales and Scotland.

Dentons' COVID-19 Interactive Agreement Tool Kit

April 23, 2020 (Updated on June 25, 2021)

United Kingdom: Dentons' Real Estate has created a COVID-19 Interactive Agreement Tool Kit for real estate agreements and contracts in England, Wales and Scotland. This interactive tool sets out guidance on some of the most frequently asked questions regarding the impact of COVID-19 on both existing and new agreements.