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Jim Grice is a project development and real estate lawyer with significant experience in the area of project finance and tax incentives. Over the course of his career, Jim has developed a diverse portfolio of experiences, having advised numerous clients on dozens of transactions and projects throughout the U.S. involving more than $5 billion in total project activity and more than $1 billion in tax incentives. Industry sectors in which Jim has accumulated significant experience include:

  • Data Centers and Cloud Infrastructure
  • Energy, Renewables and Oil and Gas
  • Infrastructure Finance & P3
  • Commercial Real Estate

In addition to handling the tax incentive work in each of the industries and projects referenced above, Jim’s experience also includes involvement with many other facets of each project including:

  • State and local tax issues and legislative affairs
  • Tax credit financing, tax increment financing, tax abatement and other local tax incentives
  • Tax-exempt bond financing and conventional debt structures
  • Legislative strategies to manage state and local tax issues
  • Purchase and sale agreements, commercial leasing, service level agreements, colocation agreements; fiber agreements and wireless facility agreements
  • Entitlements, permitting and environmental approvals
  • Renewable energy facility development and finance
  • Utility matters, power purchase agreements and interconnection agreements

Professional Affiliations

    • American Bar Association
    • International Council of Shopping Centers
    • International Council of Shopping Centers
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Representative Experience

Data Centers and Cloud Infrastructure

  • Developed legislation that enhances data center operations in Arizona and led the effort to seek passage.
  • Developing legislation that enhances colocation data center operation in Texas and is leading the effort to seek passage.
  • Assisted data center operator with $75 million redevelopment of an urban building in a midwest city so that it could be repurposed as a colocation data center.
  • Assisted developer with development issues on a 350 acre master planned campus in the Midwest to accommodate the needs of large scale enterprise data centers. The project involved power delivery arrangement for 100MW of utility power at a high voltage rate.
  • Assisted approximately 10 data center owners and operators with certification of approximately 65 MW of space in Arizona to benefit from the new Arizona CDC program.
  • Assisted data center client to obtain tenant based certification under the new data center incentive program in Texas.
  • Assisted data center client with making a private letter ruling request in Texas to clarify certain state tax issues that impact the client’s data center operations in that state.
  • Assisted real estate client with negotiation of agreements associated with deployment of micro cell wireless technology on roof tops and location of cell towers on excess land.
  • Assisted major data center developer with planned campus expansion in a Midwest metropolitan area valued at more than $750 million, including negotiation of the incentives for such project.
  • Assisted telecommunications client with negotiation of more than a dozen local franchise agreements to access public right of way to install new fiber.

Energy, Renewables and Oil and Gas

  • Assisted an oil pipeline operator with strategy development for state siting authority and permitting for petroleum pipelines in Minnesota, Iowa, Nebraska, Missouri, Kansas, and Illinois.
  • Assisted an oil pipeline operator with development of Presidential Permit strategy to cross the international border with petroleum pipeline and development of a federal permitting strategy for construction of petroleum pipeline to cross various multiple states.
  • Assisted energy developer with project financing for biomass and organic fertilizer facility in the Midwest including assistance with tax credit financing utilizing the renewable energy investments tax credits (ITC’s).
  • Assisted energy developer with project finance structure and permitting strategy for redevelopment of 45 MW decommissioned coal fired power plant to use biomass solid fuel utilizing next generation coop structure and state based investment tax credits.
  • Assisted various clients with approximately 125 MW of solar facility projects. Jim’s involvement with such projects included issues related to development and permitting, FERC regulation, electrical power agreements (PPAs) and master lease agreements, interconnection agreements, net metering, renewable energy investment tax credits (ITC) and monetization, and renewable energy credits (REC) and monetization.
    • 100 MW Multi-Site deployment of roof top solar across more than twelve jurisdictions for a major big box retailer.
    • 4 MW rooftop and 22MW offsite solar deployment with two New Jersey Housing Authorities.
    • 3MW solar system deployment with Missouri municipality.
    • 6MW solar system deployment with Texas County.
    • 2MW solar system deployment with Massachusetts municipality.
    • 6 MW solar system deployment with Massachusetts school district.
    • 2MW solar system deployment with Maryland municipality.
    • 5 MW solar system deployment with New Mexico prison facility.
    • Solar system deployment on behalf of a Missouri corporation with a solar developer.
    • Representation of a solar site developer negotiating with Wal-Mart for solar development rights.
    • Representation of solar developers in developing form documents and negotiating deal points.

Commercial Development, Infrastructure Finance and P3

  • Assisted developer with $115 million redevelopment of iconic office building in Kansas City including assistance with all transactional documents (i.e. purchase and sale agreement and commercial leases) along with property tax abatement and historic rehabilitation tax credit financing.
  • Assisted developer with 1,000,000 sq. ft retail development in Branson, Mo. Worked to devise purchase/ incentive structure and negotiations to secure $50 million in tax increment financing, along with assistance of transaction documentation for development, lease up and sale of the project.
  • Assisted developer to devise a $900 million redevelopment financing strategy for a proposed downtown arena and associated entertainment district in Las Vegas NV.
  • Assisted various private development interests with dozens of other retail and commercial developments undertaken throughout the Midwest.
  • Assisted various agencies of Kansas City, Missouri (i.e. KC Tax Increment Financing Commission and the Planned Industrial Expansion Authority) with more than 85 different large scale development projects throughout Kansas City, Missouri.

Publications

  • Advisory Council Working Group and Editor, Sustainable Site Selection: The Convergence of Data Center Site Selection and Sustainability, 2013 Green Grid Organization Research Report

Speaking Engagements

  • Moderator, “Anatomy of a Data Breach and Emerging Strategies to Manage Risk,” Topeka, KS, June 2016
  • Moderator, “Financing Growth: Today's Debt/Equity Options for Data Center/Colocation/Cloud Service Providers,” IMN Provider Forum on Data Center & Cloud Services Infrastructure, Washington, D.C., June 2016
  • Moderator, “Anatomy of a Data Breach,” Kansas City Institute of Internal Auditors, Kansas City, MO, May 2016
  • Moderator, Panel on Emerging Security Strategies to Effectively Manage the Risk of a Data Breach, Kansas City, MO, February 2016
  • Moderator, “If Platform Requirements Drive Infrastructure Decisions, Does It Matter Who Owns It?” DataCenters Dynamics Converged, New York, NY, March 2015
  • Panelist, “Site Selection 2015: What are the Key Factors?” The Fifth Annual Forum on Investing & Real Estate Development for Data Centers by IMN, Half Moon Bay, CA, November 2014
  • Moderator, “Texas Legislative Update Including Analysis of Tax Incentives & Strategies for Owners: Proactive Steps and Strategies for Developers & Investors/Operators,” The Second Annual Texas Data Center Summit, Plano, TX, October 2014
  • Speaker, “A Summary of the Arizona Rulemaking Process and Key Issues for the Industry,” Arizona Data Center Coalition, Phoenix, AZ, October 2014
  • Panelist, “Analysis of Tax Incentives & Strategies for Owners/Operators: Steps to Avoid the Property Tax Burden While Repurposing or Expanding a Data Center and Analysis of New Illinois Sales Tax Incentives for Operators,” The Third Annual Greater Chicago and Midwest Data Center Summit, Chicago, IL, June 2014
  • Featured Panelist with eBay, Executive Roundtable to Discuss Advantages of New Arizona CDC Program, Digital Realty, San Francisco, CA, June 2014
  • Panelist, “The New Rules of Data Center Site Selection,” Uptime Symposium 2014, The Uptime Institute, Santa Clara, CA, May 2014
  • Featured Speaker, “Data Center Tax Incentive$, What$ the Big Deal?” 7x24 Exchange SoCal Chapter Meeting, Irvine CA, May 2014
  • Panelist, “Proactive Steps to Avoid the Property Tax Burden While Repurposing or Expanding a Data Center,” The Third Annual Northern California Data Center Summit, San Francisco, CA, April 2014
  • Panelist on Technology Issues, Industry Update: Financial Services & Insurance in Arizona, Phoenix Chamber of Commerce Board Retreat, Phoenix, AZ, January 2014