Environmental

Allen Matkins represents owners, buyers and sellers in connection with environmental due diligence (including, e.g., Phase I and Phase II Environmental Site Assessments, environmental compliance audits, evaluation of vapor intrusion issues), negotiation of purchase and sale agreements, access agreements, and consultant agreements, interactions with regulatory agencies and development of work plans relating to nature and scope of environmental remediation, vapor intrusion mitigation, allocation of liability, and insurance coverage.

"Excellent real estate lawyers who provide practical commercial advice."

- General Counsel, International Shopping Center Operator

EXPERIENCE

Shopping Centers (Livermore, California). Represented property manager and owner in connection with investigation and remediation of PCE-contaminated commingled groundwater plumes stemming from former dry cleaning operations at two shopping center sites in Livermore, California. Representation included enforcing "not-to-exceed" cleanup contract; working closely with client, environmental consultants, and regulatory agencies in strategizing the scope and type of remediation, including in-situ chemical oxidation, in view of threatened impacts to down-gradient drinking water well; successfully representing property manager in defending against claims of liability relating to clean-up.
Shopping Center (Palo Alto, California). Represented owner/ground lessee of shopping center in connection with investigation of source(s) of indoor air quality exceedences of PCE in a portion of the shopping center identified during the course of refinancing the center. A portion of the site had formerly been used for a dry cleaning operation under a lease from the ground lessor and it was presumed that the indoor air concentrations of PCE stemmed from contaminated soil or groundwater under the building. We worked with the environmental consultant to develop potential alternative theories and, in repeat sampling events, it was determined that a tenant had a tube of glue on the premises that had been used in the tenant's business operations. The glue itself contained a high concentration of PCE and it was determined that it, alone, caused the indoor air levels to exceed acceptable concentrations. Once that mystery was solved, and the glue and all glue-containing materials removed, the indoor air quality was at acceptable levels and the refinancing was completed.
Shopping Center (La Verne, California). Represented former owner of shopping center that had a dry cleaner operation in multi-party CERCLA and related state law litigation with current owner, lender, and historical dry cleaner operators. Successfully resolved matter with minimum contribution by client under mediated settlement agreement.

Starwood CPG Operations, LLC/Carson Marketplace, LLC (Carson, California). Advise and represent Starwood/Carson Marketplace on defining and implementing the remediation, maintenance and monitoring plan, negotiating with the California Department of Toxic Substances Control, addressing entitlements with the City of Carson, managing this client’s environmental contractor and addressing environmental insurance coverage matters for the client’s redevelopment of an environmentally impacted 157-acre former landfill into a mixed-use factory outlet shopping center, retail big box, entertainment, hospitality and residential project, currently the largest of its kind in Los Angeles County.
Swedbank's 12th & Figueroa (Los Angeles, California). Advised Swedbank on all development rights and environmental risks involved in its foreclosure, acquisition and disposition of this complex 600+ condominium unit, retail and entertainment mixed-use development project in the Los Angeles Sports and Entertainment District area of downtown.
Smart & Final. Represented Smart & Final in all environmental due diligence aspects for more than 250 of this client's sites nationally in connection with Smart & Final's revolving credit loan transaction exceeding $200 million in financing for which these sites, among other assets, served as security.
AutoNation, Inc. Represented AutoNation in this client's program for acquiring the fee interest of nearly 70 locations across the country where its auto dealerships are tenants; supervised firm's team in handling all environmental due diligence aspects of each of these site acquisitions.
Kaiser Foundation Hospitals, Inc. Represented this client in successfully obtaining land use entitlements and environmental compliance, including CEQA review, for several hospital, medical office, health care clinic and mixed-use medical and retail projects throughout Southern California, including Los Angeles, San Diego, Irvine, Downey and other cities; many projects required several entitlements each and involved several phases of development.

Land Use

Wood Partners (San Francisco, California). Advised Wood Partners on its acquisition of and land use entitlements for a mixed-use development of 330 dwelling units, 110 affordable senior dwelling units and retail space and adaptive reuse and preservation of three San Francisco landmark buildings.
The Olson Company (Montebello, California). Negotiated an amendment to a development agreement with the City of Montebello by which Olson re-positioned this townhome community to match its revised business plan, eliminated this project's original retail element, streamlined the permit approval process and modified or deleted this agreement's more burdensome conditions of approval.
The Charles Company (Chula Vista, California). Advised this client in undertaking this complex, mixed-use 80-acre development in this coastal community which required an owner participation agreement and an EIR from the City of Chula Vista, approval by the Local Agency Formation Commission of that city's annexation of land within the City of San Diego, approvals by Chula Vista and the California Coastal Commission of the local coastal plan permit needed for this project, and review and approval by the U.S. Fish & Wildlife Service concerning species and habitat issues affecting the project.
The Charles Company (Calexico, California). Represented The Charles Company in securing entitlements ensuring CEQA compliance and reducing environmental risk for this 200-acre mixed-use regional/international commercial and entertainment center in Calexico, which lies on the border with Mexico; this Brownfield development involved approvals and funding from Calexico, the Federal Aviation Administration and other state and federal agencies.
The Charles Company (Baldwin Park, California). Negotiated owner participation and disposition agreements with the Baldwin Redevelopment Agency for two commercial retail developments in this City which involved complex site acquisitions by eminent domain to acquire several parcels needed for project site assembly, and compliance with CEQA and the Community Redevelopment Law, including prevailing wage and other requirements under this law.
ARE Holdings, LLC (National City, California). Obtained all entitlements and CEQA approval for this client's 300-unit condominium/retail mixed-use development in National City, which included a Specific Plan, a zone change, a disposition and development agreement, and certification of an Environmental Impact Report; advised this client, an affiliate of the Parking Company of America, on complex environmental liability risks associated with this Brownfield development; and negotiated a site assembly program by which this City's Community Development Commission would assemble all parcels needed by the client for this block-wide project.
Wood Partners (San Marcos, California). Represented Wood Partners in obtaining CEQA compliance and entitlements for the conversion of a mixed-use retail and condominium project to a mixed use retail and apartment project.
7-Eleven, Inc. (Los Angeles, California). Represented 7-Eleven in obtaining conditional use permits ("CUPs" or "CUP") for 24-hour operations and beer and wine sales for several of its new store projects throughout the City of Los Angeles as a part of this client's New Store Program; involved at every stage of the entitlement process for these projects, including due diligence for new store sites, meetings with City Council members and other City personnel, preparing and filing CUP applications, and appearing before City Zoning Administrators and Area Planning Commissions at hearings on these entitlements.
Kilroy Realty (San Diego, California). We represented Kilroy Realty in the One Paseo project in the Carmel Valley neighborhood of the City of San Diego. The mixed-use project consists of 608 residential units, 240,000 square feet of retail and 550,000 square feet of office uses.
Big Box Retailers. We routinely represent big box retailers in due diligence review and land use oversight for siting of new stores, and drafting and securing City approval of successful ballot measures regarding the development of new stores.
Catellus (Fremont, California). Represented developer with securing key entitlements for development of mixed use area of Pacific Commons development in Fremont, California.

Starwood CPG Operations, LLC/Carson Marketplace, LLC (Carson, California). Advise and represent Starwood/Carson Marketplace on defining and implementing the remediation, maintenance and monitoring plan, negotiating with the California Department of Toxic Substances Control, addressing entitlements with the City of Carson, managing this client’s environmental contractor and addressing environmental insurance coverage matters for the client’s redevelopment of an environmentally impacted 157-acre former landfill into a mixed-use factory outlet shopping center, retail big box, entertainment, hospitality and residential project, currently the largest of its kind in Los Angeles County.
Swedbank's 12th & Figueroa (Los Angeles, California). Advised Swedbank on all development rights and environmental risks involved in its foreclosure, acquisition and disposition of this complex 600+ condominium unit, retail and entertainment mixed-use development project in the Los Angeles Sports and Entertainment District area of downtown.
Smart & Final. Represented Smart & Final in all environmental due diligence aspects for more than 250 of this client's sites nationally in connection with Smart & Final's revolving credit loan transaction exceeding $200 million in financing for which these sites, among other assets, served as security.
AutoNation, Inc. Represented AutoNation in this client's program for acquiring the fee interest of nearly 70 locations across the country where its auto dealerships are tenants; supervised firm's team in handling all environmental due diligence aspects of each of these site acquisitions.
Kaiser Foundation Hospitals, Inc. Represented this client in successfully obtaining land use entitlements and environmental compliance, including CEQA review, for several hospital, medical office, health care clinic and mixed-use medical and retail projects throughout Southern California, including Los Angeles, San Diego, Irvine, Downey and other cities; many projects required several entitlements each and involved several phases of development.

Land Use

Wood Partners (San Francisco, California). Advised Wood Partners on its acquisition of and land use entitlements for a mixed-use development of 330 dwelling units, 110 affordable senior dwelling units and retail space and adaptive reuse and preservation of three San Francisco landmark buildings.
The Olson Company (Montebello, California). Negotiated an amendment to a development agreement with the City of Montebello by which Olson re-positioned this townhome community to match its revised business plan, eliminated this project's original retail element, streamlined the permit approval process and modified or deleted this agreement's more burdensome conditions of approval.
The Charles Company (Chula Vista, California). Advised this client in undertaking this complex, mixed-use 80-acre development in this coastal community which required an owner participation agreement and an EIR from the City of Chula Vista, approval by the Local Agency Formation Commission of that city's annexation of land within the City of San Diego, approvals by Chula Vista and the California Coastal Commission of the local coastal plan permit needed for this project, and review and approval by the U.S. Fish & Wildlife Service concerning species and habitat issues affecting the project.
The Charles Company (Calexico, California). Represented The Charles Company in securing entitlements ensuring CEQA compliance and reducing environmental risk for this 200-acre mixed-use regional/international commercial and entertainment center in Calexico, which lies on the border with Mexico; this Brownfield development involved approvals and funding from Calexico, the Federal Aviation Administration and other state and federal agencies.
The Charles Company (Baldwin Park, California). Negotiated owner participation and disposition agreements with the Baldwin Redevelopment Agency for two commercial retail developments in this City which involved complex site acquisitions by eminent domain to acquire several parcels needed for project site assembly, and compliance with CEQA and the Community Redevelopment Law, including prevailing wage and other requirements under this law.
ARE Holdings, LLC (National City, California). Obtained all entitlements and CEQA approval for this client's 300-unit condominium/retail mixed-use development in National City, which included a Specific Plan, a zone change, a disposition and development agreement, and certification of an Environmental Impact Report; advised this client, an affiliate of the Parking Company of America, on complex environmental liability risks associated with this Brownfield development; and negotiated a site assembly program by which this City's Community Development Commission would assemble all parcels needed by the client for this block-wide project.
Wood Partners (San Marcos, California). Represented Wood Partners in obtaining CEQA compliance and entitlements for the conversion of a mixed-use retail and condominium project to a mixed use retail and apartment project.
7-Eleven, Inc. (Los Angeles, California). Represented 7-Eleven in obtaining conditional use permits ("CUPs" or "CUP") for 24-hour operations and beer and wine sales for several of its new store projects throughout the City of Los Angeles as a part of this client's New Store Program; involved at every stage of the entitlement process for these projects, including due diligence for new store sites, meetings with City Council members and other City personnel, preparing and filing CUP applications, and appearing before City Zoning Administrators and Area Planning Commissions at hearings on these entitlements.
Kilroy Realty (San Diego, California). We represented Kilroy Realty in the One Paseo project in the Carmel Valley neighborhood of the City of San Diego. The mixed-use project consists of 608 residential units, 240,000 square feet of retail and 550,000 square feet of office uses.
Big Box Retailers. We routinely represent big box retailers in due diligence review and land use oversight for siting of new stores, and drafting and securing City approval of successful ballot measures regarding the development of new stores.
Catellus (Fremont, California). Represented developer with securing key entitlements for development of mixed use area of Pacific Commons development in Fremont, California.

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