Donna Brady works on transportation and real property matters, and on the transactional aspects of public infrastructure projects. After nearly ten years with Nossaman, Ms. Brady served for several years as Senior Counsel at an unregulated affiliate of a major electric utility, advising the company in all aspects of equity and mezzanine investment in domestic and international infrastructure projects, predominantly in the energy industry.
She is experienced in real estate acquisitions and dispositions, including procurement of right of way for public projects, public and private procurement of construction and service contracts, public and private equity and mezzanine-debt financing for domestic and international infrastructure projects, and cross-border lease financing.
Her international projects include the acquisition of equity in network cable television concessions in Mexico, equity investments in privatization projects in the U.K., electric industry facilities in Bolivia, and electric and telecommunications facilities leases in Switzerland, Australia, the Netherlands and South Africa. Her international experience includes advising on issues related to mitigation of political and currency risk, international arbitration, and compliance with the U.S. foreign corrupt practices act.
Representative Work
Orange County Great Park Corporation. One of the lead attorneys in the procurement of Master Design, Schematic Design, Program Manager and other contracts for Great Park Project to be developed in the City of Irvine at the former MCAS El Toro site. Drafting and negotiation of interim leases of Base property pending construction, including green waste recycling, agricultural, office and other uses. Assisting in coordination with Master Developer of adjacent private projects and assisting City with master boilerplate construction contract terms and training program for contract administrators.
Foothill-Eastern and San Joaquin Hills Transportation Corridor Agencies (TCAs)
. Negotiated and drafted contract provisions regarding acquisition of electronic toll technology from Lockheed Information Management Services Company, toll service center operations with The Chase Manhattan Bank, and systems maintenance, manual toll collection services and violations enforcements with a number of other contractors. Also worked on team drafting and negotiating design-build contracts for the project.
Federal Highway Administration
. Advised the development of innovative contracting methods for procurement of intelligent transportation systems, and was a principal author of the Federal Highway Administration's report on shared resources.
American Realty Advisors - Apple Valley Square Project.
Drafted reciprocal tenant agreement for operation of large commercial shopping center in Minnesota.
Washington State Department of Transportation.
Advised on a shared resources project for public-private transportation facilities development with an emphasis on shared use of intelligent transportation technologies deployed in projects.
Edison Capital. Acquisition of $100 million equity interest in a state-of-the-art wind turbine power facility. Reviewed and negotiated terms of design-build, installation and operating agreements for facility, loan documents, take or pay power sales agreement for sale of electricity into grid, and power curve and availability warranties. Reviewed underlying real estate issues, regulatory issues, and wind study and power curve due diligence and other corporate due diligence matters. Worked with tax counsel to address energy tax credit, indemnity and opinion issues.
Advised regarding proposed turbine purchase and installation agreement for domestic cogeneration facility, asset management issues related to portfolio of domestic and international power projects, including gas-fired, nuclear and hydro.
Negotiation of lease of electric transmission facilities in South Australia, generation facilities in the Netherlands and South Australia, and issues pertaining to subsequent restructuring of industry into separate generation, transmission and distribution businesses. Handled ongoing asset management issues.
Negotiation of agreements for installation and testing of various microturbines and other distributed generation technologies.