James R. Ketchum

AREAS OF PRACTICE

  • Real Estate
  • Corporate
  • Business Transactions

PROFESSIONAL SUMMARY

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

He regularly represents:

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

PROFESSIONAL AFFILIATIONS

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

BAR ADMISSIONS

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

REPRESENTATIVE EXPERIENCE

Representative Real Estate Matters

Purchase and Sale

  • Represented national shopping center owner in the numerous transactions across the U.S. involving the purchase and sale of shopping centers and outparcels involving 1031 exchanges; negotiating and enforcing cross access easements and restrictive covenants; and preparing, negotiating, and enforcing retail leases.
  • Represented the purchaser of approximately 1,600 apartment units spanning five apartment projects in the Dallas-Fort Worth metro area.
  • Represented the purchase of an approximately 14,174-foot industrial property in Houston involving numerous survey and environmental issues resulting in extensive negotiations of releases and indemnities from seller.
  • Represented the seller of real property to TX DOT as part of the Highway 99 toll road expansion, negotiated an annexation agreement with the municipal utility district for the remaining land, assisted the owner in the platting, development, negotiation of utility easements, preparation and filing of deed restrictions, and sale of a portion of the remaining land to a fast-food franchisee fronting Highway 99, assisted the owner in negotiating financing with bank for remaining property and business.
  • Represented the owner of multiple hair salons in the formation of several limited liability companies to purchase several midsize retail properties and the negotiation of various leases with tenants.
  • Represented the purchase of an approximately 43,617 square foot multi-tenant office building in Houston, Texas.
  • Represented the seller of an approximate 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 North Houston and to purchase an approximately 9,440 square foot multi-tenant retail center.
  • Represented a national banking institution in negotiating numerous land purchase and sale agreements, ground leases, office leases (as landlord and tenant), retail leases, and ATM leases.
  • Represented various credit unions in negotiating several land purchase and sale agreements, office leases, retail leases, and ATM leases.
  • Represented seller in the sale of real property fronting I-45 in the Woodlands to a state credit union.
  • Represented several family limited partnerships in the purchase of several retail and office centers in Boerne, Texas and negotiating bank financing documents and limited guarantees related to the purchase and other properties owned by partnerships.
  • Represented the developer/seller in the sale of 638 paper lots on approximately 200 acres of land to a major homebuilder in a multi-phase takedown annually over three years with development and escrow agreements for the developer to develop the lots for each takedown.
  • Represented the developer of a 1,336-lot master planned community in the Austin area in negotiating and documenting the acquisition, entitlement, and development of approximately 530 acres of land, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, the negotiation of development agreements and reimbursables with municipalities, and negotiation of utility easements.
  • Represented the developer of a planned community with 638 homesites in the Dallas-Fort Worth area in negotiating and documenting the acquisition, entitlement, and development of approximately 200 acres of land, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, the negotiation of development agreements and reimbursables with municipalities, and negotiation of utility easements.
  • Represented the developer of a 1,200-lot master planned community in a community North of Austin in negotiating and documenting the acquisition, entitlement, and development of approximately 400 acres of land, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, the negotiation of development agreements and reimbursables with municipalities, and negotiation of utility easements.
  • Represented the developer of a planned community with 582 homesites in the Austin metro area in negotiating and documenting the acquisition, entitlement, and development of approximately 146 acres of land, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, the negotiation of development agreements and reimbursables with municipalities, and negotiation of utility easements.
  • Represented the developer of a 476-lot planned community in a community Northwest of Fort-Worth in negotiating and documenting the acquisition, entitlement, and development of approximately 112 acres of land, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, the negotiation of development agreements and reimbursables with municipalities, and negotiation of utility easements.
  • Represented the developer of a 609-lot planned community with 30 acres of commercial reserve in a community Northeast of Fort Worth in negotiating and documenting the acquisition, entitlement, and development of approximately 609 acres of land, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, the negotiation of development agreements and reimbursables with municipalities, and negotiation of utility easements.
  • Represented the developer of a 1,250-lot master planned community in a community Southeast of Houston in negotiating and documenting the acquisition, entitlement, and development of approximately 480 acres of land, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, the negotiation of development agreements and reimbursables with municipalities, and negotiation of utility easements.
  • Represented the developer of a 140-lot planned community in a community West of The Woodlands in negotiating and documenting the acquisition, entitlement, and development of approximately 300 acres of land, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, the negotiation of development agreements and reimbursables with municipalities, and negotiation of utility easements.
  • Represented the developer of a 550-lot master planned community with 35 acres of mixed-use development in a community North of Houston in negotiating and documenting the acquisition, entitlement, and development of approximately 400 acres of land, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, the negotiation of development agreements and reimbursables with municipalities, and negotiation of utility easements.
  • Represented the developer of a 1,200-lot master planned community in a community North of Austin in negotiating and documenting the acquisition, entitlement, and development of approximately 400 acres of land, including, the resolution of title and survey issues, the creation of a Homeowners Association and Architectural Control Committee, the negotiation of development agreements and reimbursables with municipalities, and negotiation of utility easements.


Leasing

  • Represented a large oil and gas company in negotiating a lease and related architectural and construction contracts for a multi-million dollar build of office space containing approximately 87,000 square feet of space across three floors to relocate their company headquarters.
  • Represented numerous tenant franchisee owners in negotiating leases, tenant buildouts, financing, and related documents for retail space in shopping centers and malls across Texas.
  • 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 inspection and industrial services company as tenant in the negotiations of an approximately 17,400 square foot industrial lease.
  • Represented a family trust in the negotiation of a ground lease with a national food chain.
  • Represented the owner of an outdoor living retail and construction company in a retail lease of approximately 3,000 square feet and prepared sales and construction forms for use with their customers.
  • Represented restaurant owner in the negotiation of an approximately 7,500 square foot space in a retail shopping center.
  • Represented two major hospital systems in Houston on numerous physician office leases, surgery center leases, and time share license agreements.


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

James R. Ketchum

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