Brownfield Redevelopment

Maraziti, Falcon & Healey has been active in the Brownfield Redevelopment Arena for a number of years. Some of our recent Brownfield projects include:

• The firm obtained the first Redevelopment Agreement with the State of New Jersey on behalf of a major retail developer under which the developer will be reimbursed over $1.2 million in cleanup costs incurred in connection with the Edison Crossroads Project in Edison, NJ.

• Served as special counsel to the City of Trenton, the recipient of an EPA Brownfield Pilot Grant, to advise the City on Brownfield Redevelopment particularly with respect to cost recovery on site for which City holds tax sale certificates.

• Represented large real estate development company in the purchase of a contaminated site in Belleville, New Jersey, for redevelopment as the location of a national retail chain. Guided client through appropriate due diligence of the property to identify the contamination and remediation needed. Negotiated escrow from Seller for cleanup costs and indemnification from future liability.

• Represent a major real estate development company in purchase and lease back of a contaminated former electronic manufacturing facility for redevelopment as a major retail and residential project in Clifton, New Jersey. Negotiated broad indemnification from liability to protect the purchaser. Arranged for development to proceed on a portion of the property while the remaining parcel is remediated at Seller's expense. Post closing, continuing to represent purchaser in development of leases for retail tenants.

• Represent developer in purchase and resale of contaminated parcel in Linden, New Jersey for development of retail chain. Assisted Seller in obtaining appropriate no further action approvals to allow the transaction to proceed.

Our lawyers have also been active in the Brownfield area on a pro bono basis. Joseph J. Maraziti, Jr. served as a member of the New Jersey Committee of the Regional Plan Association (RPA) during its active participation in the Orion Project--a project designed to demonstrate the validity of the Brownfields concept. On behalf of the Regional Plan Association, he also chaired its committee which formulated the RPA position on Senate Bill 1070. In that capacity, he testified before the New Jersey State Senate Environment Committee regarding the bill. Leah Healey was appointed in 1998 by Governor Christine T. Whitman to serve on the New Jersey Brownfields Task Force.   Ms. Healey also serves on the Perth Amboy Brownfields Advisory Task Force, as a member of the Regional Plan Association's Metropolitan Brownfield Initiative, which is doing a case study on the impact of ISRA reforms on Brownfield redevelopment in New Jersey, and is a frequent lecturer on brownfields.