Amy M. Mitchell

Senior Counsel
Norton Rose Fulbright US LLP

Austin
United States
T:+1 512 536 4525
Austin
United States
T:+1 512 536 4525
Amy M. Mitchell

Amy M. Mitchell

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Biography

Amy Mitchell is part of the Austin real estate practice group. 

Since 1980, she has acted as advisor and counsel to a wide variety of clients on matters related to improved and unimproved real property including sales and acquisitions, leases, ground leases, subleases, real estate financing, real estate development, environmental issues affecting real property, construction matters for owners, general contractors and subcontractors, and the formation of entities to acquire, develop, finance and operate real property. 

Amy's clients benefit from her breadth of experience, her creative negotiation skills, her connections within the real estate community and her familiarity with a broad range of law. She has particular expertise in real estate law; construction law; environmental matters; office, industrial and retail leasing and development; working with performing arts companies in negotiating use agreements for performing arts venues; acquisition and disposition of distressed assets and loans; addressing the real estate needs of technology companies, medical providers and non-profit organizations; conservation easements; and the development of residential communities.


Professional experience

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JD, with honors, The University of Texas at Austin, 1980
AB, cum laude, History, Princeton University, 1977

During law school, Amy was a Teaching Quizmaster.  Upon graduation from law school, Amy was honored as a member of the Order of the Coif. Amy was admitted to practice law in Texas in 1980.

  • Texas State Bar

Amy's broad range of experience extends to representing clients in the following matters:

Acquisitions/Dispositions/Distressed Assets:

  • Individuals in the sale and owner financing of a 90-acre undeveloped tract of land in Travis County, Texas
  • Purchaser of a multi-state, twenty (20) property portfolio of multi-family apartment projects from the lender that acquired the portfolio through foreclosure
  • Manufacturing company in the acquisition, financing and development of new manufacturing facilities including credit agreements, construction contracts, zoning issues, installation of infrastructure and industrial development revenue bonds
  • Acquisition of distressed commercial paper and subsequent acquisition of real estate collateral through foreclosure
  • Publicly traded company in the acquisition of two (2) downtown office buildings located on ground leased property that are part of a multiple building office/retail development; the project required: revising existing agreements with the City of Austin, entitlement issues, sublease, ground lease and office lease issues, financing and joint use agreements
  • Disposition by seller of a quarter block of improved property in downtown Austin with environmental issues
  • Owner of a large tract of land in matters related to the sale of the residential portion of property to national residential developer including: negotiation of ongoing lot-draw-down contract, issues related to installation of infrastructure, negotiations with governmental authorities on permitting and other issues, and development issues related to commercial portion of property being retained by the client
  • Assisted manufacturer of semiconductors in  a $164 million sale lease-back of its Austin campus in an effort to monetize its assets  


Construction:

  • Major subcontractor in issues throughout the three year construction of a major public/private development; the project required: negotiating the subcontract, reviewing the design/build agreement, addressing bond and other issues related to the public versus private nature of the work, and settling subcontractor's claims against designer/builder for unpaid amounts owed under the subcontract
  • Large municipality on a construction matter in which a surety's bonded contractor defaulted on a construction job; assisted the municipality pursue the surety with respect to the performance bond and through mediation, the municipality and surety successfully negotiated damages and a completion contract, and construction was completed by the new contractor


Alternative Energy and Conservation Easements:

  • Animal conservation, education, and research organization with the partition and conservation of property in Central Texas, successfully partitioning a ranch, and placing a conservation easement in favor of two public entities on a portion of the partitioned land
  • International lender group in connection with real estate aspects of the financing of a to be constructed approximately $1 billion chemical plant
  • Private equity fund in connection with real estate matters related to acquisition, development and financing of a series of rooftop and ground mounted solar photovoltaic electricity generation projects including development and financing of one of the largest military-base solar installations in the United States


Leasing:

  • Public company that owns and manages more than 5 million square feet of Class A office space in Austin, Texas in connection with leasing and operational matters
  • Electric utility provider in the negotiation of a lease of an entire office building and in subleasing matters
  • Numerous technology companies in real estate transactions, including leasing and subleasing space in Austin and other parts of the United States, as well as internationally for office, industrial and data center uses
  • Owner of a retail shopping center and a drive-through banking facility on leasing, operational and construction matters
  • Technology company in leasing and build out of several data facility centers


Healthcare:

  • Large physician group in real estate matters including leasing work for space for office, research and the installation and operation of several MRI machines
  • For-profit healthcare system in connection with the real estate aspects of the acquisition of multiple imaging facilities and several physician group practices
  • For-profit hospital system in connection with ambulatory surgery center joint ventures


Non-Profit:

  • Major non-profit organization on building acquisition and renovation including: negotiation of purchase and sale agreement, release of restrictive covenants, environmental matters, and the construction contract; continues to represent this client on large scale industrial leases
  • Major Dallas-based performing arts company in the negotiation of its use agreement with the non-profit entity operating a major new performing arts venue
  • Major Austin-based performing arts company in the negotiation of its use agreement for its performing arts venue as well as ongoing operational matters
  • The Best Lawyers in America, Best Lawyers, 2008 - 2020
  • Texas Women Lawyers, Best Lawyers, 2014
  • Texas Top Rated Lawyer, LexisNexis Martindale-Hubbell, 2012 - 2014
  • Co-presenter, "That's My Space!  ROFOs, ROFRs and Expansion Options:  Win, Lose or Draw?, " ICSC (International Council of Shopping Centers) Law Conference, The Diplomat, Hollywood, FL, October 28, 2016
  • Co-author and presenter, "You Can't Just Store It, Build It and Ship It: Peculiar Issues with Industrial and Warehouse Leases," University of Texas Bernard O. Dow Leasing Institute, October, 2012
  • Roundtable presentation, "Solar Energy as a Renewable Energy Source," ICSC Annual Convention, Las Vegas, Nevada, May 22, 2011
  • Co-author and presenter, "We have only just begun: the Delivery of Possession and Rent Commencement Song," ICSC 2008 Annual Law Conference, Hollywood, Florida, October 24, 2008
  • Co-panelist, "How to Add Value Negotiating Workletters," Commercial Leases and Acquisitions: Serving the Unique Needs of Real Estate Investors and Users (CTCAR-CLE), Austin, Texas, July 17, 2008
  • "Performance Bonds and Enforcement of Surety," Construction Lien Law in Texas - Lorman Education Series, Austin, Texas, February 19, 2008
  • "How to Negotiate Commercial Tenant Improvements—Face to Face," Austin Chapter of International Facility Manager Association, Austin Texas, May 10, 2007
  • Panelist, "Real Estate Development and the Needs of the New Corporate America," Lorman Education Seminar, Austin, Texas, February 23, 2007
  • Co-presenter with Diana M. Holford, "How to Negotiate Commercial Tenant Improvements—Face to Face," Austin Construction Expo, Austin, Texas, November 8 & 9, 2006
  • Panel with Steve Nelson, "Negotiating Subcontract Agreements," Austin Chapter of the American Subcontractors Association Seminar, Austin, Texas, September 2004
  • "Tenant Workletters and Construction Provisions," Commercial Industrial Properties Seminar, May 2004
  • "Bonding Subcontractors," Austin Chapter AGC and Fulbright & Jaworski L.L.P. Construction Law Seminar, Austin, Texas, October 2002
  • "How to Reduce Contractor Liabilities and Third Party Lawsuits," Austin Chapter—AGC and Construction Safety & Health, Inc. Seminar, Austin, Texas, April 2002
  • "Commercial Improved Property Earnest Money Contracts," CLE International Real Estate Development: Advanced Legal and Business Issues Seminar, August 2001
  • "Drafting Real Estate Contracts for Sale Part One: Income-Producing Properties," University of Houston Law Foundation Real Estate Documents, Workouts and Closings Seminar, presented in Dallas and Houston, Texas,  June 2000; update of speech presented in Houston, March 2001
  • State Bar of Texas
    • Real Estate Section
    • Construction Law Section
  • Real Estate Council of Austin
  • International Council of Shopping Centers (ICSC)
  • C.R.E.W. (Commercial Real Estate for Women)
  • Ballet Austin, Board Member (2007 - present)
  • Anti-Defamation League, Steering Committee, 2011 and 2013 Austin Jurisprudence Award Luncheon
  • Princeton University, Austin-area alumni schools committee (2003 – present)
  • Jewish Community Association of Austin, Board Member (2000 - 2003)
  • First English Lutheran Child Development Center, Board Member (2001 - 2003)
  • Early Childhood Program at the Jewish Community Association, Steering Committee Member (2001 – 2003)