James R. Ketchum

Leger Ketchum & Cohoon, PLLC

James R. Ketchum

AREAS OF PRACTICE

  • Real Estate
  • Corporate
  • Business Transactions

PROFESSIONAL SUMMARY

James has been practicing law since 2003 with a focus on commercial real estate, corporate, and business transactions.

He regularly represents:

  • Real estate owners, investors, and developers in all aspects of acquiring, financing, developing, leasing, managing, and disposing of commercial real estate, including: unimproved land; office buildings; industrial/warehouse buildings; retail shopping centers and related outparcels; multifamily apartment projects; hospitality buildings; medical facilities, such as medical office buildings, ambulatory surgery centers, and urgent care centers; and residential subdivision and mixed-use development projects. In addition, he regularly assists with property management agreements, brokerage agreements, and property service agreements.
  • Principals, investors, and other participants in general corporate related matters, including: the selection and formation of legal entities (corporations, limited liability companies, partnerships, and joint ventures); creation and negotiation of corporate governance documents (by-laws, operating agreements, partnership agreements, joint venture agreements, and related agreements); and the creation and negotiation of shareholder agreements, buy-sell agreements, consulting agreements, distribution agreements, equipment leases, franchise and licensing agreements, and executive compensation agreements.
  • Business owners in all aspects of business transactions, including: creation and negotiation of agreements for the sale of goods and services; contract management agreements; dispute resolution agreements; product distribution and licensing agreements; marketing alliance agreements; and product development agreements.

 

James maintains a reputation for finding the right balance between legal issues and his clients’ business objectives, which allows him to craft efficient, creative, and economical solutions to the issues his clients encounter.

EDUCATION BACKGROUND

  • J.D. – South Texas College of Law – 2002
    Law Review, Assistant Articles Editor
    Dean’s List; Academic Merit Scholar
    Phi Delta Phi International Honors Legal Fraternity
    Who’s Who: American Law Students – 20th, 21st, and 22nd edition
  • B.B.A. – Baylor University – 1995; Dual Major in Finance and Economics; Minor in Real Estate
    Dean’s List
    Omicron Delta Epsilon Honors Economic Society
    Financial Management Association National Honor Society

HONORS AND AWARDS

  • Lawyers for the People, H Texas, 2009
  • Professionals on the Fast Track, H Texas, 2009
  • Rising Stars, Thomson Reuters, 2007-2013
  • Lawyers of Distinction®
  • Martindale Hubbell Client Champion – Platinum®
  • Best Lawyers in America®

PROFESSIONAL AFFILIATIONS

  • State Bar of Texas: Real Estate, Probate, and Trust Law; Business Law; and Corporate Counsel Sections
  • The Woodlands Bar Association
  • Montgomery County Bar Association
  • Houston Bar Association
  • Commercial Real Estate of Montgomery County (CREAM)
  • Association of Commercial Real Estate Professionals
  • Texas Bar College

BAR ADMISSIONS

  • Texas State Bar
  • United States District Court for the Southern District of Texas

REPRESENTATIVE EXPERIENCE

Representative Real Estate Matters

Purchase and Sale

  • Represents a national shopping center owner in transactions across the U.S. involving the purchase and sale of shopping centers and related outparcels, negotiating and enforcing cross access easements and restrictive covenants; and preparing, negotiating, and enforcing retail lease provisions.
  • Represents national banking institutions, regional banks, and credit unions in negotiating numerous land purchase and sale agreements.
  • Represented the purchaser of 1,600 apartment units spanning five apartment projects in the Dallas-Fort Worth metro area.
  • Represented the purchaser of a 14,174 foot industrial warehouse property in Houston with complex survey and environmental issues.
  • Represented the owner in the sale of property to TXDOT as part of the Highway 99 toll road expansion; negotiated an annexation agreement with the municipal utility district for development of owner’s remaining property; assisted the owner in platting, developing, and negotiating utility easements to develop the property; prepared and filed deed restrictions for future uses of the property; assisted the owner in selling a portion of the land to a fast-food franchise; and assisted the owner in negotiating financing for the development of the property.
  • Represented the purchaser of a 43,617 square foot multi-tenant office building in Houston, Texas.
  • Represented the seller of a 41.56 acre industrial property with rail access in Pasadena, Texas.
  • Represented an investor in the formation of a limited liability holding company and several limited liability subsidiaries to acquire retail centers in Houston and to purchase a 9,440 square foot multi-tenant retail center.
  • Represented several family limited partnerships in the purchase of retail and office centers in Texas and negotiated bank financing documents and limited guarantees on behalf of principals.
  • Represented the developer of a 1,100 lot master planned community in North Fort Worth in the sale of paper lots to multiple large regional homebuilders with multi-phase multi-year takedown requirements.
  • Represented the developer of a 1,336 lot master planned community in Austin in negotiating and documenting the acquisition, entitlement, and development of the community, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, and the negotiation of development agreements and reimbursement agreements with local municipalities.
  • Represented the developer of a 638 lot residential planned community in Dallas-Fort Worth in negotiating and documenting the acquisition, entitlement, and development of the community, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, and the negotiation of development agreements and reimbursement agreements with local municipalities.
  • Represented the developer of a 1,200 lot master planned community in North Austin in negotiating and documenting the acquisition, entitlement, and development of the community, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, and the negotiation of development agreements and reimbursement agreements with local municipalities.
  • Represented the developer of a 582 lot residential planned community in Austin in negotiating and documenting the acquisition, entitlement, and development of the community, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, and the negotiation of development agreements and reimbursement agreements with local municipalities.
  • Represented the developer of a 476 lot residential planned community Northwest of Fort-Worth in negotiating and documenting the acquisition, entitlement, and development of the community, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, and the negotiation of development agreements and reimbursement agreements with local municipalities.
  • Represented the developer of a 609 lot planned community with over 30 acres of commercial reserve in a community Northeast of Fort Worth in negotiating and documenting the acquisition, entitlement, and development of the community, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, and the negotiation of development agreements and reimbursement agreements with local municipalities.
  • Represented the developer of a 1,250 lot master planned community Southeast of Houston in negotiating and documenting the acquisition, entitlement, and development of the community infrastructure, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, and the negotiation of development agreements and reimbursement agreements with local municipalities.
  • Represented the developer of a 140 lot planned community West of The Woodlands in negotiating and documenting the acquisition, entitlement, and development of the community, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, and the negotiation of development agreements and reimbursement agreements with local municipalities.
  • Represented the developer of a 550 lot master planned community with 35 acres of mixed-use development North of Houston in negotiating and documenting the acquisition, entitlement, and development of the community, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, and the negotiation of development agreements and reimbursement agreements with local municipalities.
  • Represented the developer of a 1,200 lot master planned community in North Austin in negotiating and documenting the acquisition, entitlement, and development of the community, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, and the negotiation of development agreements and reimbursement agreements with local municipalities.


Leasing

  • Represents national banking associations, regional banks, and credit unions in negotiating ground leases, office leases, retail leases, and ATM leases.
  • Represents tenant franchisee owners in negotiating leases, tenant buildouts, financing, and related documents for retail space in shopping centers and malls.
  • Represented an oil and gas company as tenant in the negotiation of an 87,000 square foot office lease and the architect and construction contracts for a multi-million dollar tenant buildout of the space spanning three floors of a high rise building to relocate company headquarters.
  • Represented the landlord of a 10,500 foot office/warehouse building in a triple-net lease with a sports training company.
  • Represented a multi-national industrial services company as tenant in the negotiation of a 17,400 square foot industrial lease.
  • Represented a family trust in the negotiation of multiple ground leases with national food chains.
  • Represented the owner of an outdoor living retail and construction company in several retail leases of approximately 3,500 square feet each and prepared sales and construction forms for use with its customers.
  • Represented a restaurant owner in the negotiation of a 7,500 square foot retail shopping center lease.
  • Represented two major hospital systems in Houston on numerous physician office leases, surgery center leases, and time share license agreements.
  • Represented a large Texas credit union in negotiating a 121,068 square foot office lease and the architect and construction contracts for a multi-million dollar tenant build of the space spanning eight floors to relocate company headquarters.

 

Corporate

  • Represented an investor in the negotiation of a Limited Liability Company Agreement for a multi-million-dollar investment in a multi-phase climate-controlled self-storage and light industrial and vehicular storage development in Colorado.
  • Represented the seller in the sale of a mid-sized Air-Conditioning and Heating Company with a short-term seller consulting agreement and leaseback of the office-industrial building to purchaser.
  • Represented founder in the formation of a multi-member limited liability company for a Houston print magazine company.
  • Represented the owner of several residential and commercial construction companies in restructuring the company for liability and tax considerations, prepared real property and equipment leases between the various companies, and prepared contractor and vendor agreements for the company.
  • Represented the owner of mid-sized insurance company in restructuring the company and adding executive compensation plans and employee stock benefits for retention of top sales staff.
  • Represented an individual in the creation of various holding companies and related subsidiaries for liability and tax considerations to own different franchise locations across Texas.
  • Represented a multi-national company in negotiating distribution agreements for the sale and distribution of products in Latin America.
  • Represented a company in negotiating a collaboration agreement with a large steel company for the sale of metal tubing used in the oil field industry.
  • Represented an investor in the formation of a holding company and several subsidiaries to invest in various companies, hold property, and lend money for liability and tax considerations.
  • Represented a purchaser in the asset purchase of a sheet metal and fabrication business.
  • Represented an owner of a flooring company in a dispute with a partner over the sale of his membership interest in the company to the partner.

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