Jordan Ramis pc. Attorneys at law

Trading Hands

Property with Legacy Contamination

Problem

  • Our client purchased a former agricultural chemicals formulation and packaging facility located in east Portland, Oregon in 2005. 
  • The purchase required that the client obtain immunity from legacy contaminants pursuant to a Prospective Purchaser Agreement (“PPA”) with the State of Orego;, remediate the facility after purchase under Department of Environmental Quality (“DEQ”) oversight pursuant to the terms of the PPA; and engage and use public economic development funds which were repaid to the state after remediation was complete.
  • In 2009, the client acquired (via trade) an adjacent contaminated property from an impacted neighbor, constructed a confined disposal facility (“CDF”), and adjusted the property boundary to incorporate the entire facility into a single parcel. 
  • This addition required expansion of the existing PPA protections and considerable supervision of the design and construction of the CDF. 
  • In 2013, the entire facility was sold. 
  • The sale required transfer of all PPA protections to the buyer and full compliance with an ASTM standard “All Appropriate Inquiry” (“AAI”) to satisfy both the buyer and its lender.

Solution

  • Jordan Ramis assisted in every phase of the above described transactions as environmental and real estate counsel. 
  • Most recently, in 2013, Jordan Ramis managed the AAI investigations and environmental elements of the sale documents for our client (the seller). 
  • Jordan Ramis also assisted the tenant in its negotiation of the environmental elements of a new lease agreement with its new landlord.

Results

  • The transaction went forward as planned, all environmental and real estate requirements were met, negotiations were successful, and the new lease agreement is in force.