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Obtained first redevelopment agreement with the State of New Jersey on behalf of major commercial retail developer under the new New Jersey Brownfield and Contaminated Site Remediation Act. The Redevelopment Agreement provides $1.2 million in cleanup costs expended by the developer in redeveloping a contaminated site in Edison.
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Represented City of Trenton in cost recovery action against former owner of brownfield site which the municipality seeks to redevelop.
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Represented Redevelopment Agency as general counsel providing advice concerning area designation, plan amendments and redevelopment agreements under Local Redevelopment and Housing Act.
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Advised municipality in connection with foreclosure and condemnation of contaminated properties and regarding availability of grants and loans for investigation and valuation of properties.
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Obtained ISRA approvals for the developer of a national retail chain seeking to purchase contaminated property in Northern New Jersey. The approvals were necessary for the transaction financing and proved critical with respect to the operations of holdover tenancies. A contract of sale with indemnification and hold harmless clauses to protect client from future liability and with deadlines for seller to meet for regulatory approvals was also prepared and negotiated by MF&H.
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Counseled an interstate manufacturing corporation on New Jersey environmental issues associated with a purchase agreement where buyer sought assurances of non liability for seller's past operations. After focused due diligence of the property to identify environmental issues, the sale proceeded.