ELG is Pivotal in the Transfer of Ownership of One of the Largest “Brownfield” Properties in the Bay Area
Edgcomb Law Group, LLP (ELG) is pleased to report that ownership of an approximately 88-acre former manufacturing facility located in Richmond, CA has been transferred successfully from an ELG client to a new owner that proposes to develop a large mixed-used commercial and residential project on the site. The site is one of the largest “brownfield” properties in the San Francisco Bay Area and was formerly used for chemical manufacturing as far back as the 1890s. After the successful transfer of the property, ELG’s client has agreed to terms with the new owner that will allow the client to complete its ongoing remedial and habitat restoration efforts, while simultaneously allowing the property to be redeveloped and returned to productive use. As part of the transaction, the new owner has assumed certain long-term environmental obligations.
ELG attorneys John Edgcomb and Bill Marsh spearheaded the property transfer, including the negotiation of an environmental management agreement between ELG’s client and the new site owner, a Prospective Purchaser Agreement (PPA) between the California Department of Toxic Substances Control (DTSC) and the new site owner, and several land use covenants, including a master plan covenant and environmental restriction. ELG has provided environmental law services at the facility since 1989, including through the initial shutdown of the operating facility, much of its demolition, an initial site investigation and remediation conducted under Regional Board oversight, sale of the property to a previous developer, and further investigation and remediation under DTSC oversight, all leading to this latest successful transaction allowing the completion of remedial construction activities at the site pursuant to the DTSC-approved Remedial Action Plan and its ultimate redevelopment and reuse.