Law Seminars International Presents

A One-Day Advanced Workshop on

Easements, CCRs and Development Agreements

Uses and Considerations in Today's World

April 23, 2007
The Gleacher Center in Chicago, IL
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Who Should Attend

Attorneys, lenders, owners, managers, brokers, real estate developers, tribal representatives and others who are involved in real estate transactions

Why Attend

The recent expanding popularity in the use of easements and restrictive covenants, and special considerations involved with designing those easements and restrictions, make this seminar particularly current. This program will provide sophisticated, insightful and practical information for the negotiation and drafting of easements as well as developer agreements and CCRs. Complexities arising with even basic terminology will be discussed in detail, allowing less experienced practitioners to come up to speed quickly. Our distinguished faculty will thoroughly discuss more complex nuances of easements through consideration of changes in land use, including an in-depth presentation on the Millennium Park Case Study. The program addresses the issues associated with mixed-use developments and condominium conversions and includes both developer and user perspectives on the nuts and bolts of development agreements and restrictive covenants. ~ Program Co-Chairs: Elizabeth L. Corey, Esq. and Robert G. Davidson, Esq.

What You Will Learn

THIS SEMINAR ADDRESSES: ~ Project development and developer agreements ~ The best fit for easements, leases, licenses or covenants ~ Litigation: The biggest problem areas; the best approaches for solving them ~ CCRs for condo developments ~ Operating agreements for mixed use developments ~ Interaction of railroads with public and private development ~ REA's from the big box tenant's perspective ~ Environmental due diligence

What Attendees Have Said About Similar Programs

~ Lively discussion - very interesting ~ I like the real life examples that were provided. ~ Good materials and excellent presentations ~ As always, a great seminar ~ Great panel, great topics, great seminar - Thank you for your commitment to providing us with world class education opportunities. ~ LSI always provides in-depth, focused seminars on fairly narrow topics, rather than an overview. This is important for someone actually hoping to learn something at a conference (as opposed to just racking up some CLE hours.)

Agenda

Monday, April 23, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction & Overview
  Elizabeth L. Corey, Esq., Program Co-Chair
Foley & Lardner LLP / Chicago, IL
  Robert G. Davidson, Esq., Program Co-Chair
Schwartz Cooper Chartered / Chicago, IL
8:45 am Project Development and Development Agreements
  The legal nuts and bolts: Essential components; finding workable solutions for everyone involved; concepts that do not work; using easement agreements vs. PUDs; lessons from litigation
  David T. Meek, Esq.
Foley & Lardner LLP / Chicago, IL
9:30 am Issues Arising from Uncertainty Over Basic Terminology (e.g. Calling the Document an Easement vs. a License)
  The difference between easements, leases, licenses and covenants: Which concept best fits the circumstances? Do you need to explicitly define terms such as ingress and egress?
  Ivan P. Kane, Esq.
Mayer, Brown, Rowe & Maw LLP / Chicago, IL
10:15 am Break
10:30 am Litigation of Disputes Over Easements and Covenants, Codes and Restrictions
  The biggest problem areas: Where to put our attention; drafting lessons; best approach for resolving issues of intent with poorly drafted documents and using title insurance
  Laura C. Tierney, Esq., Vice President and Counsel
Fidelity National Financial, Inc. / Jacksonville, FL
11:15 am Easements and Covenants in Condominium Documents
  Conversion issues: Best approaches; common issues and tips for finding the best solution for the project
  Jeffrey M. Galkin, Esq.
Neal, Gerber & Eisenberg LLP / Chicago, IL
12:00 pm Lunch (on your own)
1:15 pm Mixed Use Developments
  Crafting the operation; different uses for common areas (residential vs. commercial); understanding cost allocations; managing parking ratios for different constituencies after a change in use
  Mark S. Friedman, Esq.
Sugar, Friedberg & Felsenthal LLP / Chicago, IL
  Chadwick G. Middendorf, Esq., President
Rockbridge Properties, Inc. / Chicago, IL
2:30 pm Break
2:45 pm Interaction of Railroads with Public and Private Development
  Millenium Park case study
  Elizabeth M. Flood, Esq., Senior Associate General Counsel
Northeast Illinois Regional Commuter Railroad Corporation / Chicago, IL
3:30 pm REA's From the Big Box Tenant's Perspective
  Negotiating and drafting common REA provisions (site plan and building controls, use restrictions, common area use and maintenance) with the big box tenant in mind
  James W. Peters, Esq.
Jones Waldo Holbrook & McDonough, PC / Naperville, IL
4:15 pm Environmental Due Diligence
  Recent changes in Phase I Environmental Site Assessment Standards
  Joseph R. Podlewski, Esq.
Schwartz Cooper Chartered / Chicago, IL
5:00 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $595 with a group rate of $520 each for two or more registrants from the same firm. For government employees, we offer a special rate of $445. For students and people in their job for less than a year, our rate is $297.50. 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, April 17, 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

IL CLE and real estate credits for this program are pending. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference will be held at The Gleacher Center at 450 North Cityfront Plaza Drive in Chicago, IL 60611, phone 312-464-8787. Check The Gleacher Center website 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 $605. 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

Elizabeth L. Corey, Program Co-Chair, is a partner at Foley & Lardner LLP, where she chairs the Real Estate Practice and is a member of the Golf & Resort Services, Healthcare and Sports Industry Teams. She concentrates her practice in retail, hospitality, assisted living and commercial projects including leasing, construction, financing and development.

Robert G. Davidson, Program Co-Chair, is a principal at Schwartz Cooper Chartered, where he is head of the Real Estate Development, Acquisitions and Dispositions Practice Group. His practice focuses on real estate law and general corporate and business transactions. In addition to commercial leasing and lending, he focuses on structuring, negotiating, financing and documenting real estate development projects. He has been recognized as an Illinois Leading Lawyer and an Illinois Super Lawyer.
Full bio and contact info for Robert G. Davidson at Schwartz Cooper Chartered

Elizabeth M. Flood is a Senior Associate General Counsel of the Northeast Illinois Regional Commuter Railroad Corporation d/b/a Metra, a commuter railroad providing service to six Illinois counties in northeast Illinois and extending to southeast Wisconsin and northwest Indiana. She manages the real estate division of Metra and handles commercial acquisition and development projects that support the maintenance and expansion of commuter rail service in Illinois.

Mark S. Friedman, partner at Sugar, Friedberg & Felsenthal LLP, concentrates his practice in real estate and business transactional law. He works on real estate and business acquisitions and divestitures, and commercial and residential real estate developments, including condominium projects, vertical subdivisions and mixed-use developments. He has drafted reciprocal easement agreements for sophisticated mixed-use projects, such as Glenview Naval Air Station, Millennium Centre and the future Mandarin Oriental Tower, Chicago, and is an Illinois Super Lawyer and Leading Lawyer.

Jeffrey M. Galkin, partner at Neal, Gerber & Eisenberg LLP, is a member of its Real Estate, Commercial Leasing, and Finance practice groups. His experience includes the acquisition and disposition of retail, office, hotel and industrial properties and portfolios, the development of commercial and industrial properties, and the development of residential townhome and condominium communities.

Ivan P. Kane is a partner at Mayer, Brown, Rowe & Maw LLP. He has a broad transactional real estate practice as well as considerable experience in development of large mixed-use projects, and works with utility clients on easement and land issues. He is recognized as a Leading Lawyer, an Illinois Super Lawyer and as a leading lawyer in the Chambers USA Guide and was named to the BTI Consulting Group Client Service All-Star Team for attorneys representing Fortune 1000 clients.

David T. Meek is senior counsel with Foley & Lardner LLP, and is a member of the Real Estate Practice. He focuses on commercial real estate, with primary emphasis on zoning, entitlements, and development of properties. He has also presented cases before zoning boards, plan commissions and village boards on a wide range of land use matters.

Chadwick G. Middendorf is President of the real estate development firm Rockbridge Properties, Inc. He previously served as General Counsel for Magellan Development Group LLC, a Chicago based residential high rise developer. His experience includes condominium and mixed-use developments, real estate acquisitions and sales, lending matters, leasing, and international transactions in parts of the Caribbean and South America.

James W. Peters is a member of the Real Estate department of Jones Waldo Holbrook & McDonough, PC. His practice focuses on the acquisition, leasing and development of property for shopping center, resort, residential and commercial use and on secured financing transactions. He has represented national retailers as well as regional developers and lenders.

Joseph R. Podlewski is Of Counsel at Schwartz Cooper Chartered. He handles environmental issues arising in commercial and real estate transactions, and also represents clients on a wide range of contested environmental matters. He is an Illinois Super Lawyer.

Laura C. Tierney, Vice President and Counsel for Fidelity National Financial, Inc., focuses on quality assurance, performing detailed reviews of loss payments and retention of counsel. Previously, she was Fidelity’s Assistant General Counsel handling client relationships and managing law firm relationships on the eastern half of the U.S.

Firm Links

Schwartz Cooper Chartered