Experience

  • Contracts and Agreements
  • EPC Contracts
  • Tax Credits

San Francisco Flower Mart Development Project

Represented the master tenant of the San Francisco Flower Mart in renegotiating its agreements with Kilroy Realty Corp., including a long-term master lease to permanently relocate the Flower Mart to 16th and Mississippi Streets in the San Francisco Potrero Hill neighborhood. The firm continues to assist the San Francisco Flower Mart with the redevelopment of the property. Over the past six years, the firm represented the owner of the site in obtaining entitlements for 395 housing units, industrial leasing and design matters.

VF Outdoor Corporate Campus, Alameda

Represented the developer of a build-to-suit new corporate campus consisting of four buildings for VF Outdoor, owner of such brands as North Face, in connection with developer entity formation, land purchase, build-to-suit lease with option to purchase, construction agreements and construction financing.

Oakland State Office Building

Represented Hathaway Dinwiddie Construction Company, the design/builder, in preparing and negotiating design/build agreements with the State of California and in negotiating agreements with design professionals for the 500,000 square foot Oakland State Office Building.

Berkeley Repertory Theatre

Assisted Berkeley Repertory Theatre in the acquisition of a 62,000 square-foot building in West Berkeley, allowing Berkeley Rep to pay 50% less for 50% more space.  The acquisition allows the theatre to consolidate all its pre-production activities into one campus.  

California College of the Arts

Represented CCA in this project, including construction-related agreements, ground lease and off-balance sheet tax exempt bond financing.

NetApp Sunnyvale Campus Expansion

Representing NetApp, Inc. with land use entitlements, property acquisition and construction agreements related to the expansion of its Sunnyvale, Calif. campus.

800 Brotherhood Way, San Francisco

Obtained entitlements for the subdivision of a large site near Lake Merced in southwestern San Francisco into 121 lots for the construction of 182 single-family homes and duplexes.  After defeating an administrative appeal of the project's mitigated negative declaration, we successfully defended the project approvals in the Superior Court and California Court of Appeal, and successfully defended a separate Superior Court challenge to the City's issuance of a tree removal permit.

San Francisco Exploratorium $130 Million Contract

We were retained to advise The Exploratorium, a museum of science, art and human perception, in construction matters including advice and agreement preparation with design professionals and contractors related to its move to Pier 15/17 in San Francisco.

Group I: 950 Market Street

Land use and real estate counsel to Group I in obtaining land use entitlements, including enactment of a special zoning exemption, for construction of a mixed use hotel/residential/retail project in San Francisco Mid-Market/Tenderloin neighborhood and negotiating a hotel services agreement.

California Railroad Museum Foundation, Sacramento

Assisted in the expansion of the California Railroad Museum in Sacramento, including federal historic tax credits, acquisition, development and construction documentation, environmental contamination issues.

American Conservatory Theater (A.C.T.) Strand Theater Project

Assisted American Conservatory Theater (A.C.T.) in developing the Strand Theater, a new performing arts facility on Market Street. Tasks have included real estate transactional representation, tax exempt entity formation and qualification, land use entitlements and New Market and Historic tax credits expertise.

Berkeley-Albany YMCA Teen Center

Assisted with the acquisition, construction and New Markets Tax Credits (NMTC) Program, which permits taxpayers to receive a credit against federal income taxes for making qualified equity investments in designated Community Development Entities (CDEs).

Development of Elephant Preserve

Representing the Ndovo Foundation in the acquisition and development of a 4,900 acre preserve for African elephants in Tehama County.

SOLON Corporation

Represented manufacturer/developer in connection with EPC, O&M and stock purchase agreements related to 10 megawatt tracking solar energy facility in Mohave County, AZ.

Landbank Corporate Campus, Sunnyvale

Land use entitlements and transactions related to a 750,000 sq. ft. corporate campus development in Sunnyvale, California.

UC Berkeley Technology Center Lease

We advised Beacon Group Ventures in a lease agreement with UC Regents for UC Berkeley’s new Technology Innovation Center located at the Chase Building at 2150 Shattuck Ave, Berkeley, California.

Network Appliance Campus and Sales Office Construction

Represented Network Appliance, manufacturer of networking and data storage equipment, in preparing and negotiating agreements with design professionals and contractors for over one million square feet of corporate campus facilities and various regional sales and research facilities.

3COM Corporate Campus

Represented 3COM Corporation, manufacturer of networking equipment, in preparing and negotiating agreements with design professionals and contractors for 750,000 square feet of corporate campus office space and research and development facilities.

Applied Materials Construction Forms

Prepared standard forms for Applied Materials, manufacturer of equipment for the computer chip and thin-film products industries, to be used in engaging design professionals, construction managers and contractors, both on a conventional and design/build basis.

PV Solar Agreements - Arizona

We have represented a variety of owners and developers in connection with the negotiation and documentation of agreements related to the engineering, procurement, construction, and purchase and sale of photovoltaic electricity generation facilities, including a 20 MW tracking ground-mounted system in Arizona.

Applied Materials Research and Production Facilities

Represented Applied Materials in preparing and negotiating agreements with design professionals, contractors and design/builders for numerous research and development and production facilities in China, Taiwan, Korea, Japan and Israel.

Resources for Community Development

Represented this affordable housing developer in preparing and negotiating agreements with design professionals and contracts for numerous projects involving substantial rehabilitation and new construction (including, finalizing construction contacts for a 55-unit low and very low income housing project in Oakland for Resources for Community Development).

San Francisco Contemporary Jewish Museum

Represented the San Francisco Contemporary Jewish Museum in land acquisition and development agreements with the Redevelopment Agency and in preparing and negotiating agreements with design professionals and contractors for a new museum designed by Daniel Libeskind.

The Exploratorium, San Francisco

Represented this San Francisco science education facility with federal historic tax credits and construction documentation and insurance program structuring.

The J. David Gladstone Institutes

Represented J. David Gladstone Institutes, a bio-medical research institution, in preparing and negotiating agreements with design professionals and contractors for a 200,000 square foot research facility adjacent to the University of California San Francisco Medical School Mission Bay campus.

Firm Highlights

Publication

California’s Estrada Decision and Impact on Employers and PAGA Claims

Following Estrada v. Royalty Carpet Mills, Inc. , the California Supreme Court’s employee-friendly Private Attorneys General Act (PAGA) ruling earlier this year, employers must remain more diligent than ever to prevent and mitigate costly...

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Event

AI and Privacy: What Every Company Needs to Do Today

Sushila Chanana and Benjamin Buchwalter will discuss "AI and Privacy: What Every Company Needs to Do Today' at the ACC 2024 Privacy Summit.  This session will introduce basics of AI governance, such as ownership...

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News

Farella Awards 2024 Diversity Scholarships to Bay Area Law Students

Farella Braun + Martel’s Diversity, Equity, Inclusion + Belonging Committee is pleased to announce the recipients of our 2024 Diversity Scholarship grants totaling $45,000 to Bay Area first-year law students Marcus Albino, Saamia Haqiq...

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News

EPA Designates PFOA and PFOS as Hazardous Substances

Don Sobelman provided expert commentary in the  Chemical & Engineering News article "EPA Designates PFOA and PFOS as Hazardous Substances." Excerpt from the article: Lawyers are warning anyone purchasing an industrial site where PFOA...

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Publication

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of the Comprehensive Environmental Response, Compensation...

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Event

Unplugged: The Renewable Energy Speaker Series - The IRA's Environmental Justice Incentive Programs

Join Farella Braun + Martel and the Environmental Law Institute for the relaunch Unplugged: The Renewable Energy Speaker Series with Farella’s John Ugai and guest speakers Miana Campbell with U.S. Department of Energy, Maria Castillo with...

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Event

20th Annual Western Boot Camp on Environmental Law

Linda Gilleran is teaching the Energy Law session at the Environmental Law Institute's 20th Annual Western Boot Camp on Environmental Law.

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News

Burdened by Debt, Savvy SF Office Owners Get Creative

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in The San Francisco Standard article, "Burdened by Debt, Savvy SF Office Owners Get Creative." In the article, Gary explained that in most cases...

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Publication

New PFAS Federal Drinking Water Standards Create Major Liability and Litigation Risk

The United States Environmental Protection Agency has released a final regulation setting individual drinking water maximum contaminant levels (MCLs) for five per-and polyfluoroalkyl substances (PFAS). These MCLs are incredibly stringent due to EPA’s stated concerns...

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Publication

California Regulation of Charitable Fundraising Platforms Part 2 - Reporting Due Diligence, Recordkeeping, and Disclosure Rules

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . This episode covers the provisions of California’s Charitable Fundraising Platforms law (Gov. Code, § 12599.9) relevant to all covered charitable fundraisers and fundraising...

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