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Juan Bernardo Garza Garcia

Juan Bernardo (JB) García

Partner
Baker & McKenzie Abogados, S.C.

Biography

Juan Bernardo joined the Firm in 1994 and has over two decades experience in real estate and infrastructure as well as transactional matters. Juan Bernardo chairs the Firm's Global Real Estate Practice Group as well as the Real Estate & Infrastructure Practice Group in Mexico. He has been continuously recognized over the years as a leading practitioner in real estate law by Legal 500 and Chambers & Partners Latin America.

Practice Focus

Juan Bernardo focuses his transactional practice on real estate, development and construction law. These include portfolio sales/acquisitions, government incentives, market entry and market exit strategies, sale/lease back, planning, development and structuring of retail, industrial, commercial and residential projects, including regulatory aspects. Juan Bernardo also works on matters concerning mining law, agrarian law as well as on real estate aspects of infrastructure projects in the energy, oil & gas, telecommunications, railroads and water sectors, including PPP.

Representative Legal Matters

  • Provided legal assistance to Lowe's with the site selection, preliminary due diligence, full due diligence, identification of potential risks and applicable regulatory matters for the real estate acquisition and development for the establishment of new stores on several states in Mexico, including the drafting and negotiation of  letters of intent, Promissory and final Purchase and Sale Agreements, Lease Agreements, Trust Agreements and Development Agreements, among others, as well as with the procurement of required permits and licenses at a Federal, State and Municipal level.

  • Represented Lowe's in closing down operations throughout Mexico. We coordinated over 1,800 employment terminations in 13 stores, one distribution center and the corporate headquarters, across seven Mexican states, involving simultaneous participation of over 50 lawyers of the Firm. We simultaneously implemented lease terminations and a Request for Proposal process with more than 100 participants (local, national, regional and global companies) to implement the sale of all the Lowe's owned real properties (including stores) in Mexico, handled all the due diligence process and negotiation of agreements for the sale, as well as lease terminations, including all corporate, tax and anti-trust matters. We further advised the client in the liquidation of its Mexican entities and conclusion of agreements with all suppliers and clients, among other relevant matters.

  • Represented the US government providing advise on real estate due diligence, negotiations and acquisition, international tax and environmental advice in connection with the relocation of the US Consulate in Monterrey, Mexico, that involved implementing an amendment of the Foreign Investment Law and Regulations, the conversion of a long-term lease for 120 years into a real estate acquisition trust, the procurement of tax and government fee exemptions under the Vienna Convention. Process with the authorities a change in zoning use (consular purposes), procurement of zoning and construction permits for the development of the new consulate compound, procurement of all feasibilities for public utilities and for the installation of infrastructure at the consulate compound and in a second phase procurement of construction permits for additional fence, canopy and drainage works to be performed at the new consulate compound in Santa Catarina, Nuevo León, Mexico.

  • Acted for International Truck and Engine (Navistar) in the acquisition of a number of properties in Escobedo, Nuevo Leon, with a total surface area of 1,118,448 m², including negotiation of incentives with authorities, due diligence, title review of the property and negotiations of construction and development agreements for a truck manufacturing facility and further development of an industrial campus for its Joint Venture with Ford Motor company.

  • Represented Whirlpool in the sale and lease back of its Monterrey manufacturing campus to an institutional real estate investment fund (FIBRA), including advice on real estate, corporate restructuring, international tax, environmental, antitrust, among other. This deal has been identified as the largest single-asset, single-tenant, industrial sale/lease back transaction in the history of Mexico.

  • Advised Servicios Interpuerto in connection with the development (worth USD 2 billion) and sale structuring of a 1,254 hectare multimodal industrial, commercial and services port. This will be the largest logistics industrial platform in Mexico, and is included in Mexico's National Infrastructure Plan.

  • Acted for Vitro in the sale and lease back of approximately 40,000 sq. meters of land and office buildings composing Vitro's headquarters located in a premium area in San Pedro Garza Garcia.

  • Represented Inmobiliaria Torre M, S.A. de C.V. with respect to legal and regulatory advice required for the development of the largest real estate multiple use complex in Monterrey, Mexico with an investment of USD 150 million.

  • Represented Motorola in the sale and leaseback of its Mexico City office building located in Bosques de las Lomas.

  • Acted for a Canada-based global automotive supplier in acquiring a portfolio consisting of eight of its existing manufacturing facilities through a real estate company and leasing them back to its different manufacturing divisions.

  • Represent major industrial real estate developers in Mexico, such as Macquarie, Finsa, Davisa, Avante, Interpuerto, among others, in connection with their day-to-day real estate due diligence, acquisitions, sales, leases, and transactions related to their industrial real estate portfolios.

  • Represent major global companies in connection with their day-to-day real estate due diligence, acquisitions, sales, leases, and transactions related to their corporate and retail real estate.

     

     

Professional Associations and Memberships

  • Mexican National Association of Corporate Counsels (ANADE)

Admissions

  • Mexico (1997)

Education

  • Georgetown University Law Center (LL.M. International Law) (2000)
  • Instituto Tecnológico y de Estudios Superiores de Monterrey (LD) (1997)

Languages

  • English
  • Spanish

Previous Offices

  • Juarez
  • New York
  • Co-author, "Doing Business in Mexico," Chapters on Energy, Telecommunications and Real Estate Law, Juris Publishing, 2001
  • Co-author, "Participation in the Exploration and Exploitation of Natural Gas in Mexico by means of Multiple Services Contracts," Baker McKenzie
  • Co-author, "Assessing the Outlook for Future Power Projects in Mexico," Baker McKenzie
  • Co-author, "Global Real Estate Handbook," Baker McKenzie
  • Co-author, "Global Real Estate Tax Handbook," Baker McKenzie