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Edmundo de la Fuente

Counsel
+1.713.815.7329
Fax +1.713.815.7301
Edmundo de la Fuente is a counsel at the firm’s Houston office where he is a member of the firm’s energy, infrastructure & resources and real estate practice areas.

Mr. de la Fuente began his unique transactional practice representing developers and investors in real property acquisitions and dispositions; lease negotiations; easement and right of way negotiations, project development and project and conventional financing. His practice then evolved to represent major international energy clients in the development, construction and financing of energy and infrastructure projects; the trading of commodities; establishing and negotiation of joint ventures; mergers, acquisitions and divestitures. Mr. de la Fuente’s extensive experience drafting and negotiating complex and sophisticated transactions have proven invaluable to his clients in both the energy and commercial real estate sectors.

Moreover, Mr. de la Fuente has represented clients throughout the continental U.S. and abroad. His commercial real estate practice is based in Texas, but has included advising clients in acquisitions and/or dispositions in almost every other state in the U.S. And Mr. de la Fuente has substantial experience in structuring and negotiating cross-border projects, transactions and investments in Mexico, Brazil and throughout Latin America. He is a native Spanish speaker, and has frequently drafted and represented his client’s business interests in Spanish while representing his Latin American clients in the U.S. and representing his international clients in and throughout Latin America.

Professional Background

US and Crossborder Energy Projects and Investments
Mr. de la Fuente represents US and multinational clients in a broad range of US, cross-border and international energy and infrastructure projects. He also works on US and cross-border energy commodity trading transactions, including ISDA-backed hedges. From 2013 through 2015, while seconded to a multinational gas and power client in Mexico City, he advised that company and principal sponsor on its bid for the development, construction, operation and maintenance of a major portion of a gas pipeline, which became the largest hydrocarbon transportation project of the past 40 years in Mexico and is currently anticipated to produce a 45 percent increase in gas imports to the country. Mr. de la Fuente led the team of inside and outside counsel in the review and negotiations of all corporate and project related agreements, and led all direct negotiations by the client with international equity sponsors, EPC contractors, service providers, lenders and governmental agencies. The financing for this project was recognized as the Project Finance Deal of the Year by Latin Lawyer for 2014. At the conclusion of his secondment, and prior to joining K&L Gates, he returned to Houston where he advises US and multinational energy companies participating in various public bids for energy infrastructure projects in the US and Latin America, advises public-private partnerships and state agencies in Latin America in structuring public tenders and reviewing bid proposals, and drafts and negotiates agreements pertinent to construction contracts, operation and maintenance agreements, asset management agreements, service contracts, mergers and acquisitions, finance, joint ventures, general corporate transactions, and corporate governance for domestic and international clients transacting in energy, infrastructure, and commodities.

Real Estate, Land Use and Ports

Prior to law school, Mr. de la Fuente worked in the planning and zoning department of a major in-land port in Texas, where he evaluated and recommended updates to the city’s master plan, authored and proposed city ordinance amendments, and represented municipalities on land development projects. As an attorney, Mr. de la Fuente has represented and advised a range of clients on complex commercial real estate and corporate transactions, including single and multi-property portfolio acquisitions and dispositions, development projects, commercial leasing, easement and right of way acquisition, zoning and land use, financing and corporate organizational matters. He also has experience representing developer clients in sale-leaseback transactions, having worked on portfolios valued at over several hundred million dollars and comprised of hundreds of retail properties.

Achievements

  • In 2014, Mr. de la Fuente was recognized for his work on one of the largest Mexican infrastructure projects in recent history which was awarded the Project Financing Project of the Year by Latin Lawyer.

Professional/Civic Activities

  • American Bar Association
  • Texas Bar Association
  • Houston Bar Association
  • Hispanic National Bar Association
  • U.S.-Mexico Bar Association
  • AIPN - Association of International Petroleum Negotiators
Power, Oil & Gas and Other Infrastructure Projects
  • Represented affiliates of a multinational gas and power company in the development, construction and finance of a $1 billion pipeline project, which was eventually recognized as a project finance award winner by industry press.
  • Negotiated gas supply, transportation agreements and gas asset management agreements for clients in both the U.S. and Mexican gas markets.
  • Drafted and negotiated gas supply agreements using both NAESB and ISDA master agreements.
  • Drafted and negotiated energy commodity purchase agreements and energy infrastructure services agreements, including, operation and maintenance agreements, asset management agreements, and construction management agreements.
  • Advised affiliates of a multinational gas and power company in the acquisition of utility district assets supplying services to five hospitals, the Harvard Medical School and School of Public Health under a long-term contract.
  • Advised multinational gas and power company on bids to provide heat, steam and power service in connection with public private partnerships proposed throughout the US.
  • Advised Latin American country in preparation of regulations governing the entry and participation of the private sector in the country’s still-developing oil and gas sectors.
  • Advised affiliates of a multinational gas and power company on a cogeneration expansion project and the construction contracts related to the expansion of these power and steam projects.
  • Advised a chemical trading business in negotiations of chemical purchase and supply agreements with industry majors.
  • Advised a regulatory agency in Latin America in its review and responses to bid guidelines, bid qualification submissions, and the bid proposals submitted by some of the largest oil companies in the world competing for the award of shallow water and deep water exploration rights in multiple public tenders.
  • Drafted and negotiated joint venture, shared control or management agreements for several energy infrastructure projects domestically and abroad whose assets represented several billion dollars in value.
Real Estate Development
  • Represented multinational energy company with the subdivision and disposition of approximately 12000 acres and an aluminum processing plant in South Texas by a subsidiary. Advised on tax implications with respect to the Texas agricultural exemption statute, drafted and negotiated conveyance documents, easement agreements and license agreements, and participated in meetings with port authority and TCEQ.
  • Represented multinational energy company with its acquisition of membership interests in holding company that owns a 400 MW gas-fired combined-cycle cogeneration power generating facility in Texas. Advised client with respect to real property related due diligence.
  • Represented developer client with sale-leaseback acquisition of multi-property, gasoline station portfolio in Virginia. Drafted and negotiated sublease agreements, non-disturbance agreements, lease consents, ROFR waivers, estoppels, and conveyance documents. Represented client in subsequent dispositions of assets.
  • Represented REIT client in leasing, title and land use review in connection with multiple acquisitions of medical office campuses and outpatient facilities throughout the country.
  • Represented developer client as lead title, leasing, and due diligence review attorney in annual sale-leaseback transactions with national retail pharmaceutical chain - each transaction comprising several hundred properties across the country valued at several hundred million dollars. Managed local counsel, and lead a team of attorneys that included seller’s counsel, lender’s counsel, and underwriter’s counsel.
  • Represented clients with platting of properties, negotiating and drafting of subdivision escrow agreements, assisted in applications for governmental permits, drafted reciprocal easement agreements and declarations, obtained land use approvals, negotiated with state and municipal governmental entities regarding utilities, alley vacations, and proposed takings, drafted ROFR or ROFO waivers and terminations, and drafted restrictive covenants.
  • Assisted in representation of client’s acquisition of multiple condominium units in Mexico. Reviewed conveyance documents, reviewed title and survey, translated due diligence property related and condominium declaration materials.
  • Negotiated joint venture agreements between developers and equity sponsors.