Real Estate Representation Representative Matters

Tax deferred condemnation transactions

Like kind exchanges including multiple forward and reverse deferred exchanges of real estate and oil and gas interests

Timing of tax recognition for MUD reimbursement costs

Joint ventures involving historic owners, cash investors and developers for residential lot and commercial ventures

Realization of tax deferred long-term capital for historic land owners in lot development ventures using Bramblett structures

Tax aspects of ownership and financing of master planned communities including Long Meadow Farms, Gleannloch Farms, Caracol Coastal and Fulbrook on Fulsher Creek

Represented landlord in the lease of a 14,500 square foot school facility in Houston.

Represented local real estate entrepreneurs in the formation and capitalization of an investment fund through private offerings under Regulation D of the Securities Act of 1933 to acquire income producing retail centers developments.

Represented the seller in the sale of a mixed use office building.

Represented an international company in a multi-part transaction that included an investment in a domestic company, an option to purchase all of the equity, transfer of real property, and an option to lease a portion of the real estate owned by the local company.

Represented the borrower in a $48 million refinancing of a mixed-use office building.

Represented the borrower in a $65 million refinancing of the retail component of a mixed-used development.

Represented a strategic buyer in a transaction to acquire the equity interests of a company operating one of the largest T-Mobile Premium Retailer networks in the U.S., as well as representing the strategic buyer in its efforts to acquire senior debt financing to fund approximately $50 million of the purchase price, as well as in a related private offering to raise approximately $37 million of the purchase price.

Represented client in connection with the acquisition of approximately 500 acres in Montgomery County, Texas, and in connection with the subsequent sale of right-of-way frontage to a commercial developer. Transaction included negotiation of terms for a land swap with a municipality in connection with construction of new municipal facilities, as well as development and financing agreements with newly formed in-city municipal utility districts.

Represented Kirby Grove Lofts Venture, LLC, an affiliate of Midway, in the refinancing of the Avenue Grove multifamily development. The Lender was Wells Fargo.

Represented Elite Street Capital Waterstone Equity DE, LLC, in a debt refinance of apartments in Baltimore County, Maryland. The Lender was The Federal Home Loan Mortgage Corporation (Freddie Mac) and the Loan Servicer was Greystone Servicing Company, LLC.

Represented Midway in the refinancing of their construction loan into permanent financing for the 100 Park multifamily development at Century Square in College Station, Texas.

Represented a residential subdivision developer in the acquisition of an approximately 88-acre tract of land in Collin County, Texas, and drafted and negotiated the development and construction agreements, off-site easements and related agreements, and public improvement district restrictions and documentation.

Represented of national home builder in the acquisition of an approximately 80-acre tract of land in Harris County for development as a residential subdivision community, and negotiation of associated conveyance documents, land bank documents, development agreements with adjacent land developer, and financing and reimbursement agreements with the Municipal Utility District.

Represented the buyer in the purchase of two ground lease locations of a national chicken fast food restaurant in Houston, Texas, with each purchase valued at approximately $2,000,000. Handled the transaction from inception to close and served as primary point of contact for the client.

Represented the buyer of a national chain of dollar stores in Harris County, Texas. Responsible for drafting ancillary documents, due diligence regarding the property and handling the closing.

Represented purchaser in connection with acquisition of retail properties

Represented local landlord in negotiation and preparation of various retail leases with both national chains and local businesses

Represented tenant company in negotiation and preparation of office leases for branches statewide, including the Dallas-Fort Worth, Houston, and South Texas metroplexes

Representation of the developer of a multi-phase, mixed-use, urban infill development in Houston.

Representation of a developer and operator of multi-unit residential facilities.

Represented a North American midstream energy logistics and infrastructure company in connection with securing a long-term ground lease covering approximately 75 acres of unimproved land for the development and operation of a rail terminal.

Represented the developer of a 30-acre mixed use development in College Station, Texas, including multifamily, hospitality and retail components.

Preparation of condominium declaration and related governance documents for mixed-use condominium project in Houston.

Represented developer in drafting subdivision restrictions and related property owner association governance documents.

Represented real estate developers in the acquisition of raw land for residential construction.

Represented the buyer of a privately-owned golf course in Austin County, Texas.

Represented the borrower in a $65 million refinancing of the retail component of a mixed-used development.

Represented the developer in the acquisition and development of a multi-building industrial business park, including a multi-building lease with an international chemical manufacturing company.

Represented an international plastics and chemicals manufacturer and distributor in the acquisition, lease and rail service of a build-to-suit, rail-served industrial distribution center.

Represented non-profit developer in development agreement and long term ground lease with City of Houston for development of Midtown Arts and Theater Center Houston (“MATCH”), a 1-block theater and flex space facility for visual and performing arts, and related office and rehearsal space for rent to emerging non-profit arts groups, including a multi-year grant agreement with Houston First Corporation, tax rebate agreement with City of Houston and adjacent for-profit developer, long-term parking easement in adjacent developer’s parking garage, and representation on construction contract issues.

Negotiation of Chapter 380 and development and reimbursement agreements with various utility districts and private water and wastewater service providers.

Represented the purchaser of waterfront property adjacent to the Port of Texas City from a subsidiary of Dow Corning.

Preparation of restrictive covenants for master-planned mixed-use communities in Dallas-Fort Worth region, including various subordinate restrictive covenants and condominium documentations.

Representation of a developer and operator of multi-unit Alzheimer’s residential facilities

Representation of the developer of a multi-phase, mixed-use, urban infill development in the negotiation of the underlying development services agreement and the negotiation of a long-term lease agreement with a regional grocer as the key tenant for the first phase.

Represented an oil and gas processing company in the sale of 44 acres of property along with related operating assets in Baytown, Texas, to a newly-formed portfolio company focused on purchasing and developing refined-products logistics and processing assets.

Represented the City of Austin in the acquisition of a golf course for municipal use.

Represented the developer of master-planned communities in the purchase of raw land for residential construction.

Represented Midway in a collaborative partnership with Texas A&M University, among others, in connection with the financing, development and pre-leasing of phase one of an approximately 60 acre multi-phase mixed-use project in College Station, Texas known as Century Square, which, once complete, will include two full-service hotels, office, retail, restaurants, entertainment, loft apartments and more.

Represented various landlords and real estate developers in the negotiation of office and retail leases with national chains and local tenants.

Represented the Metropolitan Transit Authority of Harris County, Texas (METRO) in the acquisitions of right-of-ways along light rail routes and in the sale of right-of-ways along the Westpark Tollway corridor to the Fort Bend County Toll Road Authority

Represented the developer of a luxury hotel in downtown Houston in the acquisition and development of the property, including capital formation and construction financing.

Preparation of condominium declaration and related governance documents for mixed-use condominium project in the City of Houston, Texas.

Represented developer/purchaser of 100+ acres ($9MM) in Bexar County (San Antonio area) in acquisition and negotiation of development agreements with adjacent owners and San Antonio Water Systems (SAWS) for provision of utility service.

Represented developer/purchaser in acquisition of 300+ acres in Harris County ($6MM) and negotiation of water and sewer service contracts.

Represented developer/purchaser of acreage and residential lots in Fort Bend County, and related negotiation of development and cost reimbursement agreements with City and municipal utility district.

Represented developer in drafting of subdivision restrictions and related property owner association governance documents for mixed-use project in Frisco, Texas.

Represented Houston-based development company in its purchase, finance and re-finance of various warehouse, office and manufacturing spaces in Houston and surrounding areas.

Represented Trendmaker Homes, Inc. in the sale of its developer rights to Cross Creek Ranch, a master-planned community located outside of Houston.

Represented The Nature Conservancy and City of Austin in connection with the acquisition of over 2000 acres of land and conservation easements for open space preservation and water quality protection in ecologically sensitive Barton Creek watershed area.

Represented a Houston-based real estate industrial acquisition and development company in connection with various build-to-suit industrial developments nationwide, including acquisition, disposition and capital formation.

Represented a major regional health care system in the disposition of a 138-unit retirement and health care center.

Represented the purchaser of an approximately 55,000 square foot, single-tenant facility located within the Tuscany Technology Center, a 600,000 square-foot multi-building office and industrial park development in northeast Austin, Texas.

Represented the developer of master-planned communities in the sale of retail parcels to a national retail developer.

Represented the seller of a pair of Class A office buildings with approximately 200,000 total square feet to a national real estate investment fund.

Represented a developer in connection with the acquisition of raw land and development of stand-alone acute and emergency care medical facilities throughout Texas.

Represented the purchaser of a multi-tenant retail center located in the Energy Corridor, Houston, Texas.

Represented a large residential developer in the sale of approximately 45 acres for retail development at the intersection of Grand Parkway and Westpark Tollway.

Represented Midway in the financing and development of office, retail and multifamly projects related to the revitalization of Levy Park in the Upper Kirby area of Houston.

Represented developers and acquirers of retail, multifamily, single purpose build-to-suit and other income producing property in sale-leaseback transactions.

Represented a Houston-based development firm in land acquisition and construction of mid-rise office building product in Houston and Austin.

Represented a Houston-based development firm in the land acquisition for and construction and leasing of low and mid-rise office and/or medical office buildings (buildings of approximately 150,000 – 250,000 square feet) in Houston, Austin and Dallas.

Represented a Houston-based full-service real estate company for over 25 years in connection with the acquisition and leasing of multiple office buildings in the Houston and Austin markets.

Represented a Texas-based real estate company in the acquisition and repositioning of over 2 million square feet of office building product in Houston.

Represented a Houston-based developer of mid-sized shopping centers in Houston area.

Represented a Houston-based developer of strip centers and retail pad developments in Houston, Austin and surrounding areas, including build-to-suit and ground lease transaction.

Represented a Houston-based developer in the acquisition, leasing and construction of community shopping centers in master planned communities in Houston and vicinity.

Development of Bull Creek Center, Austin, Texas, on ground lease from owner.

Acquisition and Repositioning of West Hill Mall, Huntsville.

Represented a local development group in connection with the development of mixed-use lifestyle center in Houston.

Represented a Brown Fields Redevelopment Company in connection with the acquisition of former electrical generating facility for redevelopment of a residential community.

Represented an international investment group formed by Houston-based developer in the acquisition, redevelopment, financing and sale of the 200-acre office park in Northwest Houston, and conversion to mixed-use residential and commercial master-planned project.

Represented an Austin-based development company in connection with 100+ acre Austin business park development.

Represented a large residential development and home-building company in the  development of a 3,000 acre mixed-use residential and commercial subdivision in Ft. Bend County, Texas.

Represented a large residential development and home-building company in the development of approximately 300 acre residential subdivision in Fort Bend County/Hwy 288 area.

Represented a large residential development and home-building company in the development of a 550+ acre large-lot subdivision in Montgomery County, Texas.

Represented a large residential development and home-building company in the development of a 3,000 acre residential mixed commercial and residential subdivision in far West Houston, near Grand Parkway.

Represented a large residential development and home-building company in the development of a 400+ acre residential subdivision in far West Houston, Fry Road/I-10 area.

Represented a local developer in the development, acquisition and expansion of distribution and warehouse facilities in Houston.

Represented a Houston-based development company in connection with purchase to build for resale of lease warehouse, office/service and manufacturing space, including crane-served warehouse buildings, in Houston and surrounding areas, and leasing of existing building portfolio.

Represented a New York-based real estate hedge fund investor in connection with the development of the San Antonio 1,000-room Grand Hyatt Convention Center Hotel.

Represented a developer of the Houstonian, a complex including high-rise condominium product, a hotel and conference center, a health and fitness club and related amenities, beginning with land assembly, construction, financing and sale.

Lead counsel for a global leader in resort and executive center business in connection with acquisition, development, financing and disposition of conference resorts and conference hotels in the United States, Canada and Europe.

Represented a Houston-based development company in land acquisition, financing, construction and disposition of multifamily properties in Ohio, Virginia, Tennessee, Kentucky and Florida.

Represented a Houston-based real estate company in development, acquisition and disposition of multifamily projects in Houston and surrounding areas.

Represented developer in connection with construction, development, ground leasing, leasing and management of medical office buildings.

Represented TGS Cedar Port Partners, L.P. in connection with the acquisition of the largest industrial park in the greater Houston market, comprising of approximately 10,600 acres of unimproved land, a 300,000 square-foot rail-served warehouse on approximately 18 acres of land, and approximately 56 miles of rail and associated storage yards, switches and appurtenances.

Business Group Contacts

Steve Kesten

  • Shareholder, Business Group Chair
  • 832.615.4246
  • E-mail Steve

Bill Boyar

Bill Boyar

Gary Miller

  • Founding Shareholder, Business Group
  • 832.615.4238
  • E-mail Gary
Gary Miller