Experience

Real Estate

Our real estate projects have included representation of all types of parties – buyers, sellers, landlords, tenants, investors, lenders and borrowers – typically involved in real estate deals. Many of those projects involve advising clients regarding remediation and closure strategies either in connection with acquisition of contaminated properties or in connection with pre-sale property enhancement. The preferred vehicles for accomplishing these tasks are state voluntary cleanup and liability relief programs. In Texas that involves obtaining Certificates of Completion and No Further Action letters for clients under State of Texas closure programs and obtaining releases of liability for clients from the State of Texas under the Innocent Owner/Operator Program. We also coordinate remediation projects in connection with the redevelopment of clients’ contaminated properties.

We are proud that GSF has been chosen to serve as environmental counsel in connection with many high profile North Texas real estate projects. Projects that our firm has worked on include:

• Old Parkland – environmental counsel to Crow Holdings in connection with redevelopment of the historic Parkland Hospital and adjacent properties into what is now considered one of Dallas’ most exclusive office campuses, using a municipal setting designation to obtain regulatory closure under the Texas Voluntary Cleanup Program.
• City of DeSoto Town Center – environmental counsel to City of DeSoto, Texas for $26.5 million mixed residential, commercial and municipal use redevelopment project. [Project was winner of 2011 Celebrating Leadership in Design Excellence Award from North Central Texas Council of Governments.]
• 3000 Skyline Dallas – environmental counsel to venture headed by CAPSTAR Real Estate Advisors for redevelopment of a 960,000 square foot former Western Electric manufacturing facility into one of the nation’s largest and most powerful data centers.
• George W. Bush Presidential Center – environmental counsel to Southern Methodist University in negotiating the agreements that brought the George W. Bush Presidential Center to SMU.
• Alta Design District – environmental counsel to Wood Partners, which utilized a municipal setting designation and removal of historic waste materials in connection with development of a $30 million apartment complex on the remediated site of a former urban landfill.
• Ilume – environmental counsel to developer that utilized a municipal setting designation for redevelopment of commercial property for a mixed retail and commercial project.
• Balcones Realty Partners – environmental counsel to developer that utilized a municipal setting designation for a 37 acre nine parcel infill property assemblage.
• Montgomery Plaza – environmental counsel to venture of Kimco Realty and Weber & Co. for $50 million redevelopment of 42-acre former Montgomery Ward complex for mixed-use. [Project was nominated for 2006 Phoenix Award.]
• American Airlines Center and Victory Park – environmental counsel to remediation contractor that performed 72-acre site cleanup for $425 million American Airlines Center and adjacent Victory Park development. [Completed project received 2001 Phoenix Award.]
• Design District – environmental counsel to developers implementing multi-owner, multi-parcel Municipal Setting Designation.
• Cityville – environmental counsel for various FirstWorthing projects involving redevelopment of industrial and commercial properties for mixed-use.
• Perry Homes – environmental counsel to purchaser that utilized a municipal setting designation to obtain regulatory closure in connection with redevelopment of industrial property for residential use.
• Jefferson North End – environmental counsel to remediation contractor that performed site cleanup for redevelopment of former manufacturing site for residential use.

A representative listing of other real estate projects that our attorneys have worked on include:

• Represented clients in acquisition and redevelopment of former service station sites nationwide for alternative commercial uses.
• Advised national developer client regarding pre-acquisition environmental due diligence and coordinated remediation in connection with redevelopment of contaminated properties for retail center development.
• Negotiated and implemented agreements relating to allocation of environmental liabilities, allowing sale of property to close with seller performing post-closing remediation.
• Represented clients in acquisition of former industrial and commercial sites and redevelopment for residential and other mixed-use projects.
• Advised international developer client with respect to redevelopment of former foundry property into entertainment center, including negotiation of an environmental insurance program to back up contractual risk allocation mechanisms.
• Negotiated transfer of enforcement action to voluntary cleanup program for industrial facility leased by international client, and negotiated environmental provisions in connection with sale of facility and retention of ongoing remediation obligations.
• Represented purchasers in acquisitions of contaminated properties and negotiated post-closing remediation obligations retained by sellers.
• Advised clients in negotiations for purchase and sale of properties included within federal and state superfund sites.
• Represented national developer client in negotiations to purchase former Army ammunition facility for commercial reuse.
• Negotiated removal of site from Texas Dry Cleaner Remediation Program to enable client to utilize Voluntary Cleanup Program in connection with mixed-use redevelopment.
• Represented developer in acquisition of operational oil field for industrial redevelopment utilizing Texas Railroad Commission’s Voluntary Cleanup Program.
• Advised national developer client in acquisition and remediation of former fill site for commercial reuse.
• Advised clients on governmental brownfield economic incentive programs.
• Represented institutional landlord in developing operations and maintenance strategies for residential properties.
• Advised landlords regarding investigation of indoor air issues.