PawSox Make Apex Site Push - Present and Former Owners Battle Over $6M in Hazardous Waste Clean-Up

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PawSox Make Apex Site Push - Present and Former Owners Battle Over $6M in Hazardous Waste Clean-Up

Apex site in Pawtucket, Photo: City of Pawtucket Tax Assessor
GoLocal has learned that the owners of the Apex site in Pawtucket and the previous owners are battling in Superior Court over indemnification provisions from more than $6.4 million in environmental clean-up costs tied to the land being eyed for the new PawSox Stadium.

The two parties include Andrew Gates of Apex Development Company who purchased the property for $24 million and a number of members of the prominent Fain family, who previously had ownership interest in the property.

Gates’ entity purchased the property in December of 1998 according to city tax records and the property is now assessed at just under $4.3 million — a drop of nearly $20 million in value.

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Legal Battle

According to state records, Gates is the managing partner in Zargo, LLC, which filed the action in December of 2016.

In the Zargo, LLC complaint against the Fain group (the previous owners), Zargo asserts in the fact section of their action that, ”Zargo and entities have become aware of liabilities, title issues, environmental conditions and safety issues (among other things), which include but are not limited to hazardous/toxic substances (including but not limited to polycyclic aromatic hydrocarbons, arsenic, and lead), toxic materials, and underground waste oil tanks on the Real Estate (collectively, the 'Claims'), all of which are covered by the Agreement’s indemnity provisions.”

The stakes in the battle between Gates and the former owners — the Fain family — is highlighted by the heavy hitting attorneys involved. 

Representing Gates’ Zargo LLC is former Rhode Island Supreme Court Judge and potential candidate for United States Senate Robert Flanders. Representing the Fain group in the two suits is litigator Mike Kelly. 

Both Flanders and Kelly were reached, but refused comment on the litigation.


Pawsox Stadium Timeline

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