The 150m euro N33 highway PPP (private public partnership) project achieved financial close on 21 November 2012. NautaDutilh acted for the lenders consisting of BTMU, KfW-Ipex, Rabobank and pension fund APG. The project will be carried out by the 'Poort van Noord'. BAM joint venture, which includes BAM PPP, BAM Civiel, BAM Wegen and BAM Infratechniek Mobiliteit, and which will be supported by BAM Infra Projectmanagement. The project is a first of its kind in the Netherlands as it features index availability payments, which facilitated the debt participation of a pension fund for the first time. The work will start in 2013 and the project will be completed in the spring of 2015.
The project involved the design, building, financing and maintenance of a 38-kilometre stretch of the N33 - the N33 Assen-Zuidbroek road - to improve road safety, traffic flow, and the accessibility of the region, including an upgrade from a two-way road into a dual carriageway with two lanes in each direction. A traffic interchange creating a link with the A28 motorway will also be built at Assen-Zuid, while a clover-shaped junction at Zuidbroek creates an optimal connection for the new road with the A7 motorway will also be undertaken as part of the project. At various locations the connection between the access road network and the N33 will be optimized by the construction of roundabouts. The activities also include the improvement of existing, and the construction of new, wildlife crossings.
The NautaDutilh team consisted of Pravesh Singh and Onno Hakvoort headed by Jaco Belder, Erik Geerling and David van Ee. Arjan Pors and Jesler Hartman Kok acted as counsel to pension fund APG. The teams were supported by Marcel Peeters, Jinne van Belle, Sara Israelyan and Amrith Jagesar.
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