Kimberlee Stafford

Represented clients on issues related to asbestos removal.

Counseled clients in the decommissioning of old lumber mills in Oregon, Idaho and Montana and preparing them for different land use.

Ongoing representation of a large manufacturing company in the $100 million Remedial Investigation/Feasibility Study for remediation of the Portland Harbor Superfund Site, which has been ongoing for over a decade.

Assisted global renewable energy developer with due diligence to prepare three renewable projects for the capital markets in advance of pending expiration of applicable federal tax credits. 

Counseled landowners and developers throughout the country on federal and state environmental laws associated with the sale and purchase of contaminated commercial and industrial property.

(Bankr. D. Or.) – Tonkon represented debtor, Stayton SW Assisted Living, L.L.C., and over 700 substantially consolidated affiliates, in a Chapter 11 proceeding that resulted in a confirmed Plan of Reorganization. The biggest and most complex bankruptcy case ever filed in Oregon, the consolidation, restructuring and $1.2 billion sale involving over 700 of Sunwest entities demanded legal expertise in bankruptcy, securities, tax, real estate, corporate governance, litigation, mergers and acquisitions, regulated industries and commercial transactions. Al Kennedy and Tim Conway worked with a team of Tonkon lawyers and paralegals who developed and executed a complex resolution that restructured obligations owing to over 90 secured lenders, sold 146 senior living facilities (including approximately 1,200 tenant-in-common interests held by investors), and resulted in distributions to creditors and investors exceeding 100% of their claims.

Represented client to obtain a site certificate from the Oregon Energy Facility Siting Council to construct a 500 MW wind energy facility in Morrow and Umatilla Counties. The project faced stiff opposition from Umatilla County, some local landowners and a local anti-wind coalition. The project presented unique issues related to energy transmission, as the available corridors to connect the project to the interstate transmission grid were constrained and presented considerable development challenges. After a five-year process, including a contested case before an administrative hearings officer that was resolved by a successful motion for summary judgment over the opposition of the Department of Energy, the Council issued a site certificate authorizing construction of the facility.

Represented client and his estate in the sale of investment property and the purchase of new investment property in a 1031 tax deferred exchange. The transaction presented unique tax and real estate issues due to the death of the client during the 1031 exchange period. Also, the new property required evaluation of environmental issues due to its former use as a gas station.

Represented the owner of an entire block of downtown Portland in the sale of the block as part of a 1031 tax-deferred exchange, thereby facilitating two other purchase transactions in Portland and Salem for the client.

Represented hotel investor in sale of two Seattle area hotels and acquisition of a replacement hotel in a reverse 1031 exchange while simultaneously refinancing secured debt.

Represented private equity firm in $200 million acquisition and development of five utility-scale wind projects in Eastern Oregon for sale of power to prominent Idaho utility.

In 1992, Tonkon Torp helped the Greenbrier Companies lease a large railcar repair facility in Cleburne, Texas; the lease included a purchase option. Following extensive environmental remediation performed by facility owner and negotiated by Tonkon Torp, as well as extensive additions and alterations to the property boundaries, Gunderson Rail Services LLC purchased the Cleburne facility in July 2019.

Represented Tidewater Barge Lines, a regional transportation provider, in a nine figure sale to a financial buyer.

Helped a large grocery store chain obtain funds in new financing secured by over 30 owned or leased properties in southern Oregon and northern California.

Provided legal services in connection with the financing of EDF Renewable Energy's 143.2 MW Catalina Solar Project, which became operational in August 2013.  When it opened, the facility in Kern County, California was EDF's largest PV facility in the U.S. and the 8th largest PV facility in the world.

Represented a heavy equipment manufacturer in the sale of its business assets and real property which involved debt payoff, real property sale and leasing, and product manufacturing issues.

Represented the Columbia Land Trust in the acquisition of 540 acres from the Port of Vancouver, USA in the Vancouver Lake Bottomlands, subject to a conservation easement requiring that the land be actively managed to provide a feeding and nesting area for the costal flock of the Pacific Flyway population of Sandhill cranes.

Represented the owner of Seatac Holiday Inn in obtaining a $21,700,000 loan from Laddes Capital.

Negotiated master lease and right of entry to protect primary place of business under threat of condemnation, while reserving future claims. Involved coordinated strategy with an outside government relations group.

Negotiated the sale and long-term leaseback of two locations of a prominent fast food franchise in Oregon. 

Negotiated options to sell over 4,800 acres in California's Central Valley for a 700 megawatt potential solar energy project. If built, the projects will generate enough electricity for 300,000 homes.

Negotiated the lease for a Hawaiian-Time Restaurant in Springfield, Oregon. 

Represented Wayzata Investment Partners, a private equity fund, in connection with a sale of Halsey, Oregon pulp mill.

Represented land development companies in wetlands permitting matters before the Oregon Department of State Lands.

Regularly provide environmental due diligence for the purchase and sale of manufacturing facilities, industrial real estate, and timberlands.

Owen Blank and Kimberlee Stafford led the Tonkon Torp team in guiding the client through executing a complicated reverse exchange, which involved the purchase of 10 real property interests and the sale of one real property interest pursuant to Section 1031 of the Internal Revenue Code, as amended, and the Treasury Regulations promulgated thereunder. These carefully timed transactions also involved the client's exercise of a put option under the controlling ground lease, the termination of numerous tenancy-in-common agreements, the assumption of dozens of leases, and the coordination of tenants, counter-parties and their counsel, two title companies, and the exchange accommodation titleholder/qualified intermediary company.

Ongoing representation of several national and regional independent and assisted living owners in complex financing transactions, including securitization and defeasance transactions.

Represented major forest products company in purchase of 17,000 acres of Idaho timberlands, including associated agreements and acquisition of ancillary property rights.