Public Facilities

Fox Rothschild attorneys are experienced in guiding key stakeholders in public facilities, including airports and major transit projects, from conception and negotiation through execution.

We have advised developers, owners, design professionals, contractors and subcontractors on a wide array of construction and real estate matters for public and private construction and real estate development projects, including:

  • access agreements
  • agreements of sale
  • commercial leases
  • construction and design professional contracts
  • deed research
  • development agreements
  • easements
  • lease amendments and renewals
  • right-of-way agreements
  • subleases
  • title conflicts
  • zoning matters

Representative Matters

Miami International Airport
$3 billion, 3.5 million-square-foot expansion of its North Terminal, representing American Airlines for nearly 10 years. Completed in 2013, the 1.3 mile-long concourse includes a Skytrain people mover, 72 retail spaces, 50 gates, more than 150 ticket counters, 120+ self-service devices, and a 400,000-square-foot Federal Inspection Services (FIS) Facility with 72 service lanes and the capacity to process 3,600 passengers per hour.

Recreational Center – City of Coatesville
Represented the City of Coatesville in its acquisition of properties for a regional recreation center. In those cases, we defeated a series of challenges to the condemnation and the project by property owners and others.

Airport Expansion – Louisville International Airport
Represented the Regional Airport Authority of Louisville and Jefferson County in a major expansion of the Louisville International Airport. We assisted the Airport in virtually every aspect of this project from pre-condemnation planning through the just compensation stage.

Highway Projects – Delaware Department of Transportation
Represent the Delaware Department of Transportation in its acquisition of properties to complete major highway expansions and improvements in Delaware. We assist DelDOT in acquiring properties through negotiated acquisitions and, when necessary, in defeating challenges to condemnations or litigating the amount of just compensation owed to property owners.

Metropolitan Airports Commission
Represented the operator of the Minneapolis-St. Paul International Airport in connection with the development of an on-airport $75 million, 300-room, 13-story high-end hotel. The Intercontinental is the first on-airport hotel at MSP Airport.  The scope of our work included all aspects of initial RFP preparation and review together with negotiation of the terms of the 75-year ground lease and oversight of all related hotel agreements, including the ownership agreements of hotel owner, brand franchise agreement with Intercontinental and Hotel Management Agreement. The hotel is unique in that it has its own TSA inspection facility located on site, allowing hotel guests to walk directly into the secure boarding area. 

Also represented Metropolitan Airports Commission in connection with public/private partnership involving the State of Minnesota, the Metropolitan Airports Commission (MAC) and Delta Airlines. The transaction involved a $270 million by MAC to the airline secured by multiple airport facilities and equipment, including a flight simulator training facility. The transaction was linked to over $500 million in airline facilities required to be constructed in Minnesota and included the negotiation of detailed public policy covenants during the loan term requiring statewide employment commitments and compliance with other economic metrics.