Attorney Profile
SUMMARY
- Attorney with over twenty years of transactional experience with an emphasis on the purchase, sale, exchange, leasing, financing, development, and management of commercial and residential real property. See Representative Transactions
LEGAL EXPERIENCE
Owner, Benjamin Evans Law Firm LLC, St. Louis, MO (July 2011 – Present)
- Solo practitioner providing high-quality, cost-effective legal services in connection with a variety of real estate and corporate transactional matters.
General Counsel, TriStar Property Associates LLC, St. Louis, MO (November 2006 – June 2011)
- Primary responsibility for all real estate and corporate matters for real estate investment and development company, including negotiation and documentation of leasing, purchase/sale, and development transactions; internal corporate governance for numerous limited liability companies, corporations, and trusts; and engagement and oversight of outside counsel on specialized matters.
Attorney, Gallop Johnson & Neuman LLP, St. Louis, MO (April 2006 – November 2006)
- Representation of clients in real estate development transactions for various uses, including medical office; major retail; and office/light-industrial parks.
Attorney, Farella Braun & Martel LLP, San Francisco, CA (September 2002 – April 2006)
- Significant experience in complex real estate transactions including acquisitions, dispositions, exchanges, and development of domestic and international commercial and residential property; office and retail leasing; formation and dissolution of joint ventures; and financing transactions.
Attorney, Shughart Thomson & Kilroy, P.C., Kansas City, MO (September 1999 – August 2002)
- Representation of clients in wide range of real estate and corporate transactional matters including real estate leasing, purchase/sales, and financing; corporate mergers and stock/asset acquisitions; and various business agreements including employment agreements, non-compete/confidentiality agreements, equipment leases, and license agreements.
REPRESENTATIVE TRANSACTIONS
Benjamin Evans Law Firm LLC, St. Louis, Missouri:
- Representation of owner/developer in numerous office/warehouse deals for Gateway Commerce Center in Madison County, Illinois, including speculative construction of 2,500,000+ square feet, construction financing, and lease-up to Saddle Creek Corporation, Amazon.com, and Schenker, Inc. Drafting and negotiation of purchase and sale agreements and related transactional documents; handle title/survey review and other due diligence matters; coordinate closings; negotiate leases, financing documents, and complex joint venture agreements.
More Spec Buildings Underway at Gateway Commerce (St. Louis Post-Dispatch, 2/16/16)
Amazon Decision Highlights St. Louis Region’s Growing Strength as a Logistics Hub (St. Louis Post-Dispatch, 6/6/16)
Amazon, Developers Happy to be Part of Logistics Growth Boom (Illinois Business Journal, 7/18/16)
- Representation of developer in numerous acquisitions for development of mixed-use student housing communities at universities throughout the United States, including the University of Missouri (“Todd Student Living”), the University of Michigan (two projects), the University of Tennessee, Clemson University and Penn State. Drafting and negotiation of purchase agreements and related transactional documents; handle title/survey review and other due diligence matters; coordinate closing and other transactional issues with counsel for equity partner on multi-site assemblages.
http://collegiatedevelopment.com/projects
$40M Apartment Complex in the Works for South Main Street in Ann Arbor (The Ann Arbor News, 1-17-16)
14-Story High Rise Near U-M Campus Will Add 343 Beds to Housing Market (The Ann Arbor News, 4/5/16)
Clemson Students’ Expectations Driving Downtown Boom (Independent Mail, 5-21-16)
New Mixed-Use Development Starting to Rise on Ann Arbor’s Main Street (Michigan Live, 7-26-17)
Conditional Use Permit OK’d for Proposed High-Rise (StateCollege.com, 7-18-17)
- Representation of developer in acquisition of 11 acres in St. Louis County, Missouri, for development of 254-unit “Alinea” apartment community. Negotiation of purchase agreement, construction loan documents, construction and development agreements, property management agreement, and related transactional documents; drafting and negotiation of joint venture agreements with equity partner; coordination of complex closing process.
$49 Million Luxury Apartments Coming to West St. Louis County (Construction Forum St. Louis)
Luxury 254-Unit Apartment Community Celebrates Grand Opening in St. Louis, Missouri (MulitfamilyBiz.com, 11-9-16)
TriStar Brings Luxury Apartments to St. Louis Market (Multi-Housing News, 11-10-16)
- Representation of developer in acquisition of 11 acres in O’Fallon, Missouri, for development of 204-unit “Bramblett Hills” apartment community. Negotiation of purchase agreement, construction loan documents, construction and development agreements, property management agreement, and related transactional documents; drafting and negotiation of joint venture agreements with equity partner; coordination of complex closing process.
TriStar Properties Begins Development of 204-Unit Bramblett Hills (REBusiness Online, 5-19-15)
www.brambletthillsapartments.com
- Representation of developer in acquisition of former Motel 6 site in St. Louis County, and subsequent redevelopment into 55,000-sq.ft. Hobby Lobby site and additional outlot. Negotiation of purchase agreement and handle all aspects of site acquisition; coordinate issues relating to redevelopment of site; negotiation of Hobby Lobby lease and loan agreements.
Grand Opening: St. Louis, Missouri (HobbyLobby.com)
- Representation of developer in acquisition of shopping center redevelopment site in Affton, Missouri. Responsible for structuring joint venture vehicle for investment in shopping center site; handle all aspects of complex closing process.
Affton Refashioning Itself Through Upgrades to Shopping Plaza, Gravois Road (St. Louis Post-Dispatch, 5-21-16)
- Representation of developer in acquisition of site in Lawrence, Kansas, for development of Sprouts Farmers Market, and subsequent property sale. Handle acquisition of site and negotiation of joint venture agreements; drafting and negotiation of sale agreement and handle all aspects of post-lease-up property sale.
City set to approve plans for new West Lawrence Grocery Store (Lawrence Journal-World, 5-6-14)
- Representation of owner in ground lease of property in St. Peters, Missouri, to CVS Pharmacy. Negotiation of complex ground lease; handle related title matters, including consolidation of parcels and drafting and negotiation of ancillary easement agreements.
- Sale of 211,000-sq.ft. manufactuing facility in Overland, Missouri, to Gramercy Property Trust. Negotiation of sale agreement; handle all aspects of transaction and closing process.
Overland Manufacturing Facility Sells for $11 Million (St. Louis Business Journal, 1-7-15) - Representation of developer in acquisition of site in Lawrence, Kansas, for development of Sprouts Farmers Market, and subsequent property sale. Handle acquisition of site and negotiation of joint venture agreements; drafting and negotiation of sale agreement and handle all aspects of post-lease-up property sale.
City set to approve plans for new West Lawrence Grocery Store (Lawrence Journal-World, 5-6-14)
- Lease-Up and Sale of Office/Warehouse Building in Earth City, Missouri. Drafting and negotiation of NNN lease for 110,000-sq.ft. office/warehouse/manufacturing facility; subsequent representation of owner in sale, including negotiation of sale agreement and coordination of all aspects of sale.
Big Sky Properties Sells Earth City Industrial; Becknell Industry Acquires 110,000-SF Facility for $4.5M (CoStar.com, 12-10-14)
- Sale of 300-unit apartment complex in Bridgeton, Missouri. Handle sale and closing process; coordinate defeasance of securitized loan.
Israeli company invests another $8.7 Million in North County (St. Louis Business Journal, 7-15-15)
- Purchase of multi-tenant retail center in St. Louis’ South Grand Avenue district. Drafting and negotiation of purchase agreement; handle all aspects of acquisition.
- Sale of 80,000-sq.ft. office building adjacent to West Port Plaza, St. Louis, Missouri. Responsible for structuring sale of fee and ground leasehold interests to common buyer, including drafting and negotiation of sale agreements and coordination of complex closing process.
Hogan Purchases Westport Heights Office; Saint Louis Building Brings $7.25M (CoStar.com, 11-19-13)
- Sale of apartment complexes in St. Louis County, Missouri. Handle all aspects of sales of 156-unit apartment complex in Chesterfield and 208-unit apartment complex in Town & Country, including drafting and negotiation of sale agreements and coordination of closings.
Mills Properties Pays $13.5 Million for Peachtree Apartments (St. Louis Business Journal, 2-27-13)
Town & Country’s Willowbend Apartments Changes Hands (St. Louis Business Journal, 12-19-12)
TriStar Property Associates LLC, St. Louis, Missouri:
- Representation of developer in land sale and build-to-suit development of 123,000 square foot, Gold-level LEED-certified, Class A office building in O’Fallon, Missouri. Responsible for drafting and negotiating all transaction documents including purchase agreement, development services agreement, construction agreement, roadway easement agreements, and various ancillary documents; coordination of all transaction components and closing.
- Purchase of 22 acres in Chesterfield, Missouri, and subsequent sale of ownership entity. Responsible for coordinating purchase of land, and documenting and negotiating transaction documents for sale of membership interests; handle complex closing process.
- Representation of owner in various lease transactions for buildings on historic Main Street in St. Charles, Missouri. Responsible for negotiation and documentation of several restaurant leases, lease amendments, subordination agreements, and related documents for several properties, including the Trailhead Brewing Co. and Lewis and Clark’s Restaurant.
- Representation of owner of private golf club in Clearwater, Florida. Responsible for variety of legal issues related to ownership and management of golf course property including drafting of various membership documents; negotiating equipment leases, service contracts, and event contracts; analyzing insurance and liability issues; and coordinating with local counsel on litigation matters.
- Representation of owner of 29 acres of improved land in Glendale, Arizona. Responsible for closing on purchase of property in three subsequent transactions; handle numerous lease transactions; coordinate with local counsel on various tenant issues.
- Representation of owner in negotiation of 10-year, 39,000-square foot office building lease in St. Louis, Missouri. Handle complex lease negotiations and documentation for new full-floor office tenant; handle related lease amendment and partial termination for full-building tenant; coordinate with outside counsel on related tenant-bankruptcy matters.
- Sale of 55,000-square foot tenant-occupied building in Fenton, Missouri. Responsible for negotiating and documenting all transaction documents including purchase agreement, tenant estoppels, subordination agreement, and ancillary documents; handle closing process.
Farella Braun + Martel LLP, San Francisco, California:
- Purchase of Jean-Michel Cousteau Fiji Islands Resort, the top-rated eco-resort in the world. Lead associate responsible for analysis and resolution of title and survey issues; due diligence process, including coordination with Fiji local counsel; drafting and negotiation of transaction documents; coordination of complex closing process.
- Representation of private equity firm in purchase of luxury ski resort in Courchevel 1850, France, through acquisition of several French companies, including the resort owner. Lead associate responsible for analysis and resolution of title and survey issues; due diligence process, including coordination with French local counsel; drafting and negotiation of transaction documents; coordination of complex closing process.
- Sale of Chicago Fairmont, a 692-room luxury hotel, for $154,000,000. Lead associate responsible for drafting and negotiating numerous transaction documents; organization of complex closing process.
- Sale of mixed-use office project serving as headquarters for publicly-traded software company in San Mateo, California for $155,000,000, including sale of client’s ground leasehold interests and underlying fee interest owned by third party. Lead associate responsible for drafting and negotiating transaction documents including purchase agreement; coordinating and negotiating with fee owner; coordination of complex closing issues for simultaneous sale of fee interest and ground leasehold interests.
- Acquisition of 50% ownership interest in Chicago Fairmont from entities controlled by the Saudi Royal family, including negotiation of long-term management agreement with Fairmont Resorts. Lead associate responsible for drafting numerous transaction documents; management of complex closing process; coordination of transfer of various liquor, food, hotel and entertainment licenses with Illinois local counsel.
- Representation of Westfield America Trust in $410 million renovation of historic 100-year-old Emporium building in San Francisco, now operating as a 1.5 million square feet mall with the second largest Bloomingdale’s store in the United States. Responsible for coordination of closings of multiple agreements including disposition and development agreement between client and redevelopment agency; analysis and resolution of title and survey issues; analysis and coordination of equal opportunity program requirements applicable to client’s tenants, contractors and consultants.
- Representation of developer in joint venture with California State Teachers’ Retirement System for $46,000,000 mixed-use renovation of several historic piers in San Francisco, under long-term ground lease with the City and County of San Francisco. Analysis and resolution of title and survey issues; coordination of closings for ground lease and development agreement phases of transaction; drafting and negotiation of ancillary transaction documents including ground lease estoppels, indemnity agreements, assignment agreements, non-disturbance agreements, and sublease consents.
- Representation of developer/owner in lease-up of the historic Ferry Building, an artisan food marketplace, restaurant hall, office building, and ferry terminal. Responsible for drafting and negotiating several retail and restaurant leases as part of client’s post-renovation lease-up.
- Representation of Fidelity Investments in office and retail leasing transactions for the Ygnacio Center, a three-building Class A office project in Walnut Creek, California. Responsible for negotiating and documenting numerous leasing transactions for office project, including office and retail leases, amendments, guarantees, termination agreements, sublease consents, satellite license agreements, subordination/non-disturbance agreements, and estoppel agreements.
Shughart Thomson & Kilroy, P.C., Kansas City, Missouri:
- Representation of development company in joint venture with municipal entity in connection with construction/renovation of office building, parking garage, civic center and new Hilton Garden Innâ in Kansas City, Kansas. Assist with drafting and negotiation of various transaction documents including maintenance agreements, development agreements and hotel franchise agreement.
- Representation of Kansas City Public Library in connection with construction/renovation of new downtown main branch. Assist with drafting and negotiation of transaction documents, including lease and development agreement.
- Representation of publicly-traded telecommunications consulting firm in series of corporate acquisitions.Assist with drafting and negotiation of merger agreements, asset purchase agreements, escrow agreements, stockholders’ agreements and related documents; coordination of closings.
EDUCATION
8/96-5/99 University of Missouri-Columbia School of Law
Juris Doctor, Cum Laude
8/91-12/95 University of Missouri-Columbia
Bachelor of Arts, Biological Sciences
ACTIVITIES/HONORS/PUBLICATIONS
Current:
University City Chamber of Commerce (prior Treasurer)
Graduate:
Order of the Coif
Note and Comment Editor, Missouri Law Review, 1998-1999
Associate Member, Missouri Law Review, 1997-1998
Author, “Split-Recovery Survives: Missouri Supreme Court Upholds State’s Power to Collect One-Half of Punitive Damage Awards,” 63 Missouri Law Review No. 2 (Spring 1998)
Undergraduate:
Phi Delta Theta Fraternity: President, Vice-President, Scholastic Chairman
Bright Flight Scholarship, Missouri Curator’s Scholarship
LICENSURE
- Missouri
- California
- Kansas (Temporarily inactive)