Law Seminars International Presents

The Second Annual Advanced Conference on

Commercial Real Estate Leases

Practical information on negotiating and enforcing commercial leases

September 17 & 18, 2007
The Gleacher Center in Chicago, IL
Register      Download PDF Brochure

Who Should Attend

Attorneys, lenders, owners, managers, brokers, leasing agents, real estate developers, and others who are involved in landlord/tenant relationships and who deal with lease negotiation, drafting, defaults and litigation

Why Attend

This seminar will provide insightful, practical information useful to real estate lawyers, brokers, lenders, landlords and tenants in negotiating and enforcing commercial leases. Basic concepts are explained to assure that those with less experience are not left behind, but the panel discussion and presentations quickly extend into more sophisticated nuances, often providing specific suggestions for lease provisions and ways to handle particular issues that frequently arise in negotiations and during the tenancy. The use of examples allows participants to apply the concepts to real world situations, based on the knowledge of experienced real estate lawyers, leasing agents, and other professionals in this area. A must for anyone who needs to make important decisions in commercial leasing. Program Co-Chairs: Stephen B. Bell, Esq. and Patrick G. Moran, Esq.

What You Will Learn

* Negotiating key lease provisions * Urban and suburban current market conditions * Green leases * Insurance considerations for commercial leases * Sale-leaseback and triple net leasing * Dispute resolution clauses in leases * Retail and shopping center leases * Tax and GAAP * Making the deal happen and avoiding the deal killers * Dealing with the lenders - present and future * Commercial ground leases * Remedies and enforcement * Assignments & subleases * Build-to-suit and construction matters * Tax and operating expenses

Agenda

Monday, September 17, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Stephen B. Bell, Esq., Program Co-Chair
Goldberg Kohn / Chicago, IL
  Patrick G. Moran, Esq., Program Co-Chair
Sonnenschein Nath & Rosenthal LLP / Chicago, IL
8:45 am Negotiating Key Lease Provisions
  Perspectives on the best current thinking on negotiating and drafting leases Landlord's perspective
  Stephanie B. Shellenback, Esq.
Drinker Biddle Gardner Carton / Chicago, IL
  Tenant's perspective
  Alvin Katz, Esq.
Mayer, Brown, Rowe & Maw LLP / Chicago, IL
  Lender's perspective
  Walter D. Cupkovic, Esq.
Thompson Coburn Fagel Haber / Chicago, IL
10:00 am Break
10:15 am Urban and Suburban Current Market Conditions
  Office leasing
  David J. Gelfand, Esq., Executive Managing Director
Studley Inc. / Chicago, IL
  Industrial leasing
  Wayne S. Gilmartin, Esq., President
SJ Investments / Chicago, IL
11:15 am Green Leases
  LEED certification for tenants from site selection, lease negotiations, buildout and move, to ongoing facility operations
  Deborah M. Kuo, Director, Real Estate
Exelon Corporation / Chicago, IL
12:00 pm Lunch (on your own)
1:15 pm Insurance Considerations for Commercial Leases
  Drafting and negotiating leases to address issues of insurance, waivers, indemnities, exculpation clauses and subrogation waivers and evaluating how those provisions relate to each other
  Arthur E. Pape, Esq.
The Pape Law Firm / Wheaton, IL
  Linda B. Price, Senior Managing Director
Mesirow Financial Holdings, Inc. / Chicago, IL
2:30 pm Sale-Leaseback and Triple Net Leasing
  Financibility; single building leases; bond leases
  Thomas C. Homburger, Esq.
Bell, Boyd & Lloyd LLP / Chicago, IL
3:15 pm Break
3:30 pm Non-Judicial Dispute Resolution in Today’s Commercial Real Estate Leases
  Special needs and objectives of landlords and tenants; pros and cons of baseball arbitration; examples of common lease arbitration clauses and procedures
  Patrick G. Moran, Esq., Program Co-Chair
Sonnenschein Nath & Rosenthal LLP / Chicago, IL
4:15 pm Making the Deal Happen and Avoiding the Deal Killers
  Base rent; annual escalations; free rent; pass-throughs of operating expenses and real estate taxes; tenant allowances; parking fees; landlord fees; gross leases vs. net leases; hidden costs; lease renewals; termination fees
  Holly K. Duran, Owner and Principal
Holly Duran Real Estate Partners LLC / Chicago, IL
  William R. Rolander, Jr., Principal
The John Buck Company / Chicago, IL
5:30 pm Reception for Faculty and Attendees Sponsored by Goldberg Kohn and Sonnenschein Nath & Rosenthal LLP

Tuesday, September 18, 2007

8:00 am Registration & Continental Breakfast
8:30 am Tax and GAAP
  Treatment of free rent periods; pre-commencement occupancy periods
  Stephen B. Bell, Esq., Program Co-Chair
Goldberg Kohn / Chicago, IL
9:00 am Retail and Shopping Center Leases
  A discussion of challenging problematic situations and how the solutions differ for retail and shopping center leases; assignment of retail leases; how tenants form leases; new development
  Ira Fierstein, Esq.
Seyfarth Shaw LLP / Chicago, IL
  Biff Ruttenberg, CLS, SCSM, President
Atlas Partners, LLC / Chicago, IL
10:15 am Break
10:30 am Dealing with the Lenders - Present and Future
  Subordination of leases; SNDA's; estoppel certificates; application of insurance proceeds following a casualty; landlord waivers; lender's approval rights over leases
  Donald I. Resnick, Esq.
Jenner & Block LLP / Chicago, IL
11:15 am Commercial Ground Leases
  Types of ground leases; subordination provisions; non-disturbance agreements for tenants; controls retained by ground lessor; key provisions
  James B. Rosenbloom, Esq.
Goldberg Kohn / Chicago, IL
12:00 pm Lunch (on your own)
1:15 pm Remedies and Enforcement
  Enforceability of particular lease provisions; unlawful detainer actions (with forms) and other enforcement remedies; dealing with abandonment; handling of security deposits; mitigation of damages; enforcement of Illinois landlords' lien
  David J. Siegel, Esq.
Sidley Austin LLP / Chicago, IL
2:00 pm Assignments & Subleases
  When landlord's consent is not needed; standards for landlord's consent; recapture rights; splitting of profits; termination rights; assumption of leases in bankruptcy
  Janet M. Johnson, Esq.
Schiff Hardin LLP / Chicago, IL
2:45 pm Break
3:00 pm Build-to-Suit and Construction Matters
  Drafting work letters in leases; liens; releases and waivers; ways to guard against problems and avoid risks; delivery issues and remedies
  Mona E. Dajani, MBA, Esq.
Sonnenschein Nath & Rosenthal LLP / Chicago, IL
3:45 pm Tax and Operating Expenses in Retail Leases
  What to include and exclude in operating expenses; determining the tenant pro rata share; audit rights; contesting real estate taxes; capital improvements; special issues in mixed use centers
  M. Rosie Rees, Esq.
Pircher, Nichols & Meeks / Chicago, IL
4:30 pm Evaluations & Adjourn

Tuition

Regular tuition for this program is $895 with a group rate of $795 each for two or more registrants from the same firm. For government employees, we offer a special rate of $695. For students and people in their job for less than a year, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, September 11, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 13.25 IL CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference will be held at the The Gleacher Center at 450 North Cityfront Plaza Drive in Chicago, IL 60611. Check The Gleacher Center website, Area Attractions, for a list of area hotels at http://www.gleachercenter.com.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Stephen B. Bell, Program Co-Chair, principal at Goldberg Kohn, is a firm founder and chairs the Real Estate Group. He has dealt with legal problems affecting real estate from many perspectives, including the documentation of all manner of real estate transactions, financial and tax structuring, and litigation, including mortgage foreclosures and workouts. He is listed in "The Best Lawyers in America."
Full bio and contact info for Stephen B. Bell at Goldberg Kohn

Patrick G. Moran, Program Co-Chair, a partner at Sonnenschein Nath & Rosenthal LLP, handles commercial real estate and related financing matters, with a special emphasis on development, leasing, joint ventures and non-traditional financing. He has worked extensively for major office developers, landlords and tenants in the development and leasing of over 12,000,000 square feet of office space.

Walter D. Cupkovic is a partner at Thompson Coburn Fagel Haber and chair of the Real Estate and Real Estate Tax Assessment Departments. His practice includes the acquisition, development and sale of commercial, industrial and residential properties. He is an "Illinois Super Lawyer."

Mona E. Dajani, partner at Sonnenschein Nath & Rosenthal LLP, is engaged in the financing, negotiation, evaluation and documentation of development, design and high profile construction projects with a value of more than $6 billion. She is listed in "Who's Who in International Business" and "International Who's Who of Mining Lawyers."

Holly K. Duran is one of the country's most influential women in tenant representation. As the owner and principal of Holly Duran Real Estate Partners LLC, she has spearheaded lease negotiations for more than ten million square feet of space, consistently achieving highly aggressive, flexible transactions.

Ira Fierstein, partner at Seyfarth Shaw LLP, has significant experience counseling national developers, shopping center owners, limited liability companies and partnerships concerning investments in office, retail, industrial, telecommunications, residential and mixed-use properties in the U.S., Canada and Europe.

David J. Gelfand is Executive Managing Director at Studley Inc., where he has negotiated leases representing more than six million square feet of space on behalf of commercial space users. He concentrates on negotiating innovative and creative office transactions for major corporations, law firms, financial services and consulting firms.

Wayne S. (Skip) Gilmartin is President of SJ Investments. He has been involved as a principal in the acquisition and development of residential condominium projects and industrial buildings in the Chicago area and also in companies that operate construction businesses and acquire land for development in the Sarasota/Bradenton area of Florida.

Thomas C. Homburger is a partner at Bell, Boyd & Lloyd LLP in the Real Estate Department. His practice is concentrated in the area of real estate financing, development and investment, and he is noted for his experience in sale/leaseback transactions and the use of advanced financing techniques. He is an "Illinois Super Lawyer."

Janet M. Johnson, partner at Schiff Hardin LLP, concentrates her practice in commercial real estate transactions and general corporate matters. She represents clients in negotiating purchases, sales, leases, and financings for commercial real estate and land development projects. She is an "Illinois Super Lawyer."

Alvin Katz, partner at Mayer, Brown, Rowe & Maw LLP, represents real estate investors and developers in acquisition, disposition and joint ventures, real estate development, finance, management and leasing partnerships. He is listed in "Chambers USA" and "The Best Lawyers in America", and is an "Illinois Super Lawyer."

Deborah M. Kuo, Director, Real Estate, at Exelon Corporation, focuses on providing portfolio strategy, asset and transactions management, lease/records administration, occupancy management property management, and property tax management services.

Arthur E. Pape of The Pape Law Firm, represents developers, lenders and investors in the development, financing, construction, leasing and operation of large office buildings, shopping centers, hotels and multi-use projects. He is listed in "Best Lawyers in America" and has been one of the "Top 100 Illinois Super Lawyers" for two consecutive years.

Linda B. Price, Senior Managing Director at Mesirow Financial Holdings, Inc. specializes in securing and maintaining insurance programs for large, commercial corporations and organizations. She has experience in crafting risk management programs for real estate, manufacturing, healthcare and financial institutions.

M. Rosie Rees, is a partner at Pircher, Nichols & Meeks in the real estate department. She specializes in shopping center leasing on behalf of both landlords and tenants.

Donald I. Resnick, partner at Jenner & Block LLP, is Chair of the Real Estate Practice and Co-Chair of the Real Estate Securities Practice. He focuses on financing, development, construction and corporate real estate services. He is named in "Chambers USA" and "The Best Lawyers in America", and is an "Illinois Super Lawyer."

William J. Rolander, Jr., a Principal at The John Buck Company and part of the Management Group co-leads his team in the leasing of several office assets. He has worked on such projects as One North Wacker, Prairie Stone's Two Park Center, Oak Brook's York Center, 333 West Wacker Drive the leasing of 200 South Wacker Drive and a new Oak Brook development.

James B. Rosenbloom is a founder of Goldberg Kohn and a principal in the Real Estate Group. His experience includes acquisitions and dispositions, mortgage financing, construction financings, commercial and synthetic leasing, and sale-leaseback transactions. He is listed in "The Best Lawyers in America."
Full bio and contact info for James B. Rosenbloom at Goldberg Kohn

Biff Ruttenberg is President of Atlas Partners, LLC. His experience is in retail development, redevelopment, management and leasing. He focuses on consulting to asset-based lenders, institutions and other users of commercial space, specializing in workouts, turnarounds, dispositions, and maximizing the value of difficult properties.

Stephanie B. Shellenback, partner at Drinker Biddle Gardner Carton, is a member of the Real Estate and Environmental Practice Groups. Her practice has an emphasis on the representation of office landlords in asset management and leasing activities.

David J. Siegel, partner at Sidley Austin LLP in the Real Estate group, focuses on real estate acquisition, disposition and leasing transactions. He has represented clients in build-to-suit office building and warehouse/distribution center leasing, development projects, sale-leaseback transactions and multi-state acquisitions.

Firm Links

Goldberg Kohn