Holland & Knight - Transit Industry and Transit-Oriented Development

Transit Industry and Transit-Oriented Development

Holland & Knight has a deep and long-standing commitment to and participation in the public transportation industry. We have more than 15 lawyers firmwide who represent public and private sector clients in the transit industry. Our lawyers represent or have provided legal services to departments of transportation, transit agencies, commuter railroads, public authorities and governmental agencies. We also have an active and substantial practice assisting private sector companies, including investment bankers and other investors, planning consultants and engineers, developers, contractors, operation and maintenance companies, transit and bus operators, and material and equipment suppliers in their dealings with the public transportation sector and each other.

Our lawyers have substantial experience in the transit industry and have held noteworthy positions with federal, state and local governments, transportation agencies and in private sector transportation companies. Included on our team are a former general counsel to the New York Metropolitan Transportation Authority and Metro-North Commuter Railroad; the head of two major industry coalitions that are shaping federal policy on transit issues; and former congressional staff members who worked on surface transportation issues, including transit projects, while on Capitol Hill.

In the recently passed Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Holland & Knight secured nearly $600 million in rail and bus transit projects for our clients. These projects include funding for the acquisition of new buses, new start projects, intermodal facilities and bus maintenance facilities. These funds are in addition to the more than $2 billion in project funding for our appropriations clients, including numerous transportation-related projects, over the past five years.

Our transit industry attorneys work closely with other practices within the firm to serve every dimension of our clients’ legal needs. Our combined experience in matters affecting the transit industry includes:

federal authorizations, appropriations and grants, including grants management
intergovernmental relations
transportation plan review and approval
new starts and full-funding grant agreements
environmental review, mitigation, litigation and remediation
bond issuances and other instruments of public indebtedness
project finance and innovative financing techniques
federal, state and local regulation and licensing
public-private partnerships, privatization and outsourcing
real estate: acquisition, condemnation, land use and zoning, leasing, and joint and transit-oriented development
right-of-way, trackage rights and permitting matters
Americans with Disabilities Act (ADA) and Disadvantaged Business Enterprise (DBE) compliance
preparation of procurement documents, legal challenges to procurements and legal counseling
construction: contract drafting and administration, bid issues and disputes, contract claims and litigation
design-build, build-operate-transfer and turnkey contracts
audits and advising clients on compliance with FTA audit reviews
labor and employment law
civil rights matters, including First Amendment issues

Representative Engagements

Charlotte Area Transit System – In addition to representing the city of Charlotte before Congress on legislative matters, Holland & Knight also represented the Charlotte Area Transit System (CATS) during the negotiations with the Federal Transit Administration (FTA) to secure a full funding grant agreement (FFGA) for the South Corridor Light Rail Project. We reviewed all documents, negotiated with FTA on revisions to the documents and participated in FTA quarterly meetings. This project is now under construction.
Transportation District Commission of Hampton Roads – Holland & Knight represents the Hampton Roads District Commission before Congress on legislative matters, as well as advising the Transportation District Commission of Hampton Roads (TDCHR) on all aspects of the FTA new starts process. Our lawyers worked closely with the FTA to enable the Norfolk Light Rail Project to advance into preliminary engineering; a decision by FTA to advance the project into final design and construction is expected by early 2006.
Rockville Metro Town Center – Holland & Knight serves as advisor to the City of Rockville, Maryland, on their Town Center metro redevelopment. This project involves over $270 million of real estate development adjacent to the Rockville Metro station. In addition, we have assisted the City of Rockville in securing over $7 million in infrastructure support from state and federal sources.
Central Florida Regional Transportation Authority (LYNX) – Holland & Knight served as outside counsel to LYNX in Orlando, Florida. In this capacity, the firm represented LYNX in negotiations with CSX to acquire access to the CSX right-of-way; we developed the financing proposal and drafted the intergovernmental agreements needed for LYNX to secure a full funding grant agreement (FFGA); and, we represented LYNX in the negotiations to secure an FFGA from FTA for the light rail project.
Georgetown Business Improvement District – On behalf of the Georgetown Business Improvement District (BID), Holland & Knight attorneys drafted the request for proposals and base contract for the Georgetown Metro Connection bus service, advised the BID during the course of the bidding and award of the contract, negotiated the contract with the contractor, and advised (and continue to advise) the BID on matters concerning the operation and federal funding of the bus service.
Massachusetts Bay Transportation Authority – Holland & Knight serves as outside counsel to the Massachusetts Bay Transportation Authority (MBTA) on construction litigation and claims work on procurement matters for bus and rail car acquisitions; and assisted with the development of an operating agreement with Amtrak for a commuter rail maintenance facility. Our lawyers were also engaged by MBTA to analyze ethnic and racial diversity within MBTA and to prepare a report with recommended actions to address the issues identified in the report.
Florida Overland Express (FOX) – Holland & Knight was retained as counsel for Florida Overland Express in connection with the design and construction of the Florida high-speed rail transportation system.
Johnsontown Community Development Corporation – Holland & Knight represented the property owners in working with Metropolitan Atlanta Rapid Transit Authority (MARTA) officials to craft a unique arrangement for the development of the Lenox transit station including, among other things, the retention of air and touchdown rights for private development.
National Air and Space Museum – Holland & Knight attorneys advised the National Air and Space Museum (NASM) on the preparation of a request for proposals and base contract for the new shuttle bus service running between the National Air and Space Museum in Washington, D.C., and the Udvar-Hazy Center in Dulles, Virginia. We assisted the NASM in the bidding and award process as well.
Dadeland, Florida, North/South Metrorail Stations – Holland & Knight provided legal guidance to Green Datran Center, Ltd. during the construction of this project, which included a 1,500-space garage, three hotels (780 rooms), four office towers (approximately 800,000 square feet) and 460,000 square feet of retail space. Our lawyers were responsible for the negotiation of the first two joint development leases between Miami-Dade County and a private developer with respect to Dadeland South Metrorail Station and the Dadeland North Metrorail Station. We handled all development issues for the projects, including easement and operating agreements, all phase leases and all financing issues.
Federal Triangle Project (Ronald Reagan Office Building) – This $750 million, 3 million square foot project was the largest U.S. government building project undertaken since the construction of the Pentagon. Holland & Knight represented the Pennsylvania Avenue Development Corporation in preparation and negotiation of development, management, design, and construction contracts, financing, and dispute resolution related to development and construction of a federal joint-use government office building and international trade center complex.
Tri-Rail Commuter Rail Authority – As lead counsel to a development group consisting of U.S. Equities Development, Inc., RER Financial Group, Barretta & Associates, Maglev Transit, Inc.and EDSA, Inc., Holland & Knight provided legal guidance for the response to RFP No. 96-490 issued by Tri-Rail. The proposal for joint use development was submitted in May 1997 and it pertained to, among other Tri-Rail sites, the old Boca Raton, Florida, site. The firm participated in the preparation of the proposal, preparation of the master development and long-term lease agreement, formation of the development group itself and the negotiations. This development group was initially selected for further discussions, but ultimately Tri-Rail did not accept their economic proposal on the terms of the lease agreement; discussions were terminated in the spring of 1998.
South Florida Regional Transportation Authority – As special counsel to the South Florida Regional Transportation Authority, Holland & Knight lawyers provide legal advice and guidance on joint development projects around the transit stations along the 72-mile system. This role includes negotiation with interested developers, documenting the transaction, and advising the agency and board on joint development matters.