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Nicole R. Gleason

Nicole R. Gleason

Counsel

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Environmental

email:
ngleason@downeybrand.com
phone:
(916) 444-1000
fax:
(916) 444-2100
Admitted to Practice in:

California

Experience

Represent various shopping center owners with respect to releases from dry cleaner tenants and service stations including release reporting obligations, lease disputes, regulatory enforcement directives and orders, lender requirements, and prospective buyer and tenant disclosures and concerns.

Advised numerous clients regarding the appropriate scope of environmental due diligence in real property acquisition transactions including purchase and sale agreements, leases, refinancing, mergers and asset purchases.

Negotiated the appropriate scope of investigation and remediation activities, issuance of Imminent and Substantial Endangerment Order, placement of a lien on the subject property and access to State Funds with the Department of Toxic Substances Control.

Represented clients in connection with investigation orders and cleanup and abatement orders issued by the Central Valley Regional Water Quality Control Board, North Coast Regional Water Quality Control Board, San Francisco Bay Regional Water Quality Control Board, Santa Ana Regional Water Quality Control Board and the Los Angeles Water Quality Control Board.

Represent buyers of Brownfields properties in acquisition of the property, procurement of environmental insurance policies and response to regulatory agency directives and orders.

Represented numerous clients in challenging eligibility and reimbursement decisions from the Underground Storage Tank Cleanup Fund and assisted clients with complex “on behalf of” agreements and assignment/indemnity agreements.

Advised clients regarding asbestos surveying, notice, abatement and disposal regulations as well as due diligence and property transfer disclosures.

Served as common counsel to private parties negotiating settlement of response costs at Superfund site.

Served as counsel to clients responding to Regional Board orders directing investigation of regional multimillion dollar perchlorate contamination problem and represent clients in related action for response costs.

Represented numerous owners of properties located adjacent to contaminated sites regarding impairment of property value, possible health risks and appropriate scope of investigation, remediation and monitoring of contamination. Advise clients regarding possible causes of action as well as negotiate access agreements, tolling agreements and settlement agreements.

Negotiated and draft purchase and sale agreements and option agreements for commercial, industrial and agricultural properties.

Represented landowners in a major expansion of a retail outlet within a large shopping center. Negotiate and draft amendments to restrictive easement agreements and retail leases.

Represented the largest wireless carrier in the United States in the acquisition of its cellular network in California and Nevada. Draft ground leases, subleases, licenses, SNDAs, entry and testing agreements and easements.

Sought land use entitlements at pubic hearings before numerous northern California jurisdictions.

Argued law and motion matters before the Sacramento County and Solano County Superior Courts.

MEMBERSHIPS

Association of Commercial Real Estate (ACRE), Member

Davis Chamber of Commerce, Member

Sacramento County Bar Association, Environmental and Real Property Sections, Member

State Bar of California, Environmental Law Section and Real Property Section, Member; Environmental Subsection of Real Property Section of State Bar, Co-chair.

Commercial Real Estate Women (CREW), Member

National Brownfield Association, California Chapter, Member; California Program Planning Committee, Member.

EDUCATION

University of the Pacific, McGeorge School of Law (J.D., Graduated with Distinction, 1998)

California State University, Chico (B.A., 1995)

PUBLICATIONS

California State Bar, Real Property Law Section, “ Lot Line Adjustment Exception Significantly Narrowed by SB 497,” 2002, Author

West's Publishing, “Contracts in a Nutshell,” 4th Edition, 1997, Research Editor

PRESENTATIONS

Association of Commercial Real Estate, “Dirty Dirt and Your Deal (aka Environmental Concerns in Real Estate Transactions),” 2007, Presenter

Downey Brand LLP, “Environmental Due Diligence – All Appropriate Inquiries Update,” 2007, Presenter

Lorman Education Services, “Petroleum Tanks: Installation, Testing, Maintenance, Closure and Enforcement of ASTs/USTs in California,” 2003, Presenter