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Kate Velasquez-Heller environmental lawyer engineer contaminated property indoor environmental pollution regulatory compliance green building strategies

Representative Matters

DivcoWest Environmental Matters

Representation of DivcoWest nationwide for environmental matters, including the purchase, cleanup and leasing of Cambridge Crossing (“CX”), a 45-acre, transit-oriented neighborhood “megadevelopment” located on a former railroad yard in the municipalities of Cambridge, Boston, and Somerville, MA. The project includes 20 new blocks, a new MBTA station, 10 acres of green space with a large central park, an extension to the Minuteman Trail, new roadway and utility infrastructure, and a wide range of public amenities.

Brownfield Counsel for Major Multi-Family and Real Estate Developers

Counsel to several major multi-family and real estate developers in connection with a wide variety of brownfield property acquisitions, dispositions, development projects and regulatory matters. Assist these clients with due diligence, remedial plans, contracting, insurance, regulatory matters and the management of environmental risk often acting to “pressure test” or translate the recommendations of environmental consultants or regulators.

Environmental Counsel to Major Universities and Hospitals

Ongoing environmental advice to major universities and hospitals, such as Harvard University and Children’s Hospital Boston, in connection with site remediation, waste management, environmental compliance and green construction projects.

Real Estate Investment Environmental Counsel

Representation of borrowers and lenders in connection with the environmental aspects of traditional real estate lending as well as REIT financing, private equity funding and strategic joint ventures for real estate investment.  Also advise clients in connection with obtaining environmental insurance to mitigate risks associated with the environmental indemnifications generally required by lenders. 

Purchase and Remediation of Former Pesticide Manufacturing Facility

Counseled developer in connection with the purchase and remediation/redevelopment of a former pesticide manufacturing facility and the subsequent sale of the redeveloped property. Assisted the client with environmental due diligence, negotiating environmental provisions of purchase and sale agreements, remedial plans, regulatory compliance issues and cost recovery through Massachusetts Brownfields tax credits. 

Advice Regarding Environmental Insurance Policies and Claims

Provide advice to companies in connection with procuring environmental insurance as well as environmental claims (e.g., cost recovery actions for environmental cleanup costs). This often involves drafting and responding to demand letters and assisting clients with settlement negotiations.

AXA IM Alts and its Affiliates in one of the Largest Industrial Portfolio Acquisitions of 2020

Representation of AXA IM Alts and its affiliates in one of the largest industrial portfolio acquisitions of 2020. The portfolio consists of 27 assets in Chicago, Houston, Los Angeles, Central New Jersey, Dallas, South Florida, Southern New Jersey and Atlanta. In a significant step in its strategy to grow a U.S. wide logistics platform, AXA IM Alts, on behalf of clients and through a joint venture with Cabot Properties, Inc., acquired the 7,984,000 s/f portfolio for approximately $875 million, through a share purchase of a REIT previously managed by Cabot Properties. Representation included all matters related to property diligence, structuring, joint venture, purchase, financing, tax and environmental considerations of the property, including tax and structuring issues relating to cross-border investments.

Atlas Capital Group Acquisition and Financing of 15 Park Row, New York City

Representation of Atlas Capital Group, LLC in the acquisition and financing of 15 Park Row, a 31 story, 335-unit apartment building with ground-floor commercial space in New York City. The building was completed in 1899 and until 1908 it was New York City’s tallest building and the tallest office building in the world.