Brownfields

Colorado Projects

Ball Arena and Elitch Gardens Redevelopment

Represent the owner in negotiating cleanup requirements and environmental terms and conditions of agreements with the City and orders with the Colorado Department of Public Health and Environment, and environmental cost recovery associated with the redevelopment of 100+ acres in central Denver, which is currently home to the Ball Arena and Elitch Gardens Theme & Water Park.

PuebloPlex Chemical Depot Redevelopment

Represented a local redevelopment authority (LRA) redeveloping the U.S. Army Pueblo Chemical Depot, formerly one of the nation’s principal chemical weapons manufacturing and storage facilities; represented the LRA in negotiating cleanup requirements and environmental terms and conditions for the transfer of approximately 16,000 acres within the Depot to the authority; also advises on: environmental due diligence; negotiation of Army agreements; environmental risk management during phased acquisition; redevelopment, regulatory compliance and cleanup requirements; environmental insurance; institutional controls; and cost recovery and remediation funding sources.

Former Stapleton International Airport Redevelopment

Represented the master redeveloper of the 4,000+ acre former Stapleton International Airport site since the project began in 1998; drafted the core purchase and development agreements for phased remediation under the state’s voluntary cleanup and remediation program (VCUP); also negotiated and developed the client’s form resale agreement and environmental disclosure program, developed guidelines for negotiating environmental provisions of commercial leases, as well as assisted the client with construction materials management procedures, construction contracts, form of easements and other construction-related agreements; negotiated an environmental insurance program tailored to the transaction and assist in policy administration.

Projects Beyond Colorado

Bond Financing for Quarry Redevelopment

Represent the governmental entity issuing tax increment bonds for a 250-acre contaminated former quarry redevelopment near Washington, DC, advising on environmental risk management and disclosure matters.

Brownfields Development Advice

Represented a national redeveloper across 20+ projects nationwide on environmental due diligence, structuring property purchase and remediation agreements, regulatory negotiation and compliance, and construction requirements. In Seattle, Washington, provided environmental due diligence, drafted and negotiated the agreement to manage insurance recovery litigation and negotiated agreements for purchase and remediation of the property upon receipt of insurance proceeds. Also drafted and negotiated the agreement to resell the property to a biomedical real estate investment trust and negotiated an environmental liability insurance policy to cover the seller, client, and buyer of the property.

Solar Energy Redevelopment on Contaminated Sites

Represent a large national waste management company in developing solar facilities on active and closed waste sites nationwide; secured environmental permits and approvals and negotiated site access agreements, leases, and other necessary real estate contracts; also assisted a biotechnology company with licensing areas of its property under Resource Conservation and Recovery Act (RCRA) management for solar project development.

Remediation of Tribal Mine Site

Represented a Tribe in Plymouth, California, in preparing a Voluntary Agreement with the California Department of Toxic Substances Control (DTSC) for remediation of a former mine site, negotiating favorable terms to facilitate hazardous metals cleanup in anticipation of transferring the remediated property into federal trust ownership for the benefit of the Tribe.