Law Seminars International Presents

A One-Day Advanced Workshop on

Development Agreements, Easements and CCRs

Uses and Considerations in Today's World

September 10, 2007
Sheraton Reston Hotel in Reston, VA
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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 workshop 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. This program addresses 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: James C. Brennan, Esq. and Dennis K. Moyer, Esq.

What You Will Learn

* Issues arising from uncertainty over basic terminology * Litigation of disputes over CCRs * Developer and government perspectives on development agreements and proffers * Mixed use developments * Special issues for condominium developments * Title issues in easements, development agreements and CCRs * Special issues for projects involving WMATA


Monday, September 10, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  James C. Brennan, Esq., Program Co-Chair
Reed Smith / Falls Church, VA
  Dennis K. Moyer, Esq., Program Co-Chair
Goulston & Storrs / Washington, DC
8:45 am Issues Arising from Uncertainty over Basic Terminology
  The difference between easements, leases, licenses and covenants: Which concept best fits the circumstances?
  Dennis K. Moyer, Esq., Program Co-Chair
Goulston & Storrs / Washington, DC
9:30 am Litigation of Disputes Over Easements and Covenants, Codes & Restrictions (CCRs)
  The biggest problem areas: Where should we put our attention? Drafting lessons; best approach for resolving issues of intent with poorly drafted documents
  Paul J. Kiernan, Esq.
Holland & Knight LLP / Washington, DC
10:15 am Break
10:30 am Developer and Government Perspectives on Development Agreements and Proffers
  The legal nuts and bolts: Essential clauses; concepts that do and do not work well; what's been litigated and lessons from those cases; donations and contributions for school sites, fire stations, etc.; finding workable solutions Developer perspective
  William A. Fogarty, Esq.
Walsh, Colucci, Lubeley, Emrich & Walsh PC / Arlington, VA
  Government perspective
  Stephen A. MacIsaac, Esq., County Attorney
County of Arlington / Arlington, VA
12:00 pm Lunch (on your own)
1:15 pm Mixed Use Developments
  Different uses for common areas (residential vs. commercial); budgeting and allocation of costs; resolving conflicts among users over more or less control for the master association
  John G. Lavoie, Esq.
Watt, Tieder, Hoffar & Fitzgerald, L.L.P. / McLean, VA
2:00 pm Special Issues for Condominium Developments
  Conversion issues: Best approaches; common issues and tips for finding the best solution for the project
  Robert M. Diamond, Esq.
Reed Smith / Falls Church, VA
2:45 pm Break
3:00 pm Title Issues in Easements, Development Agreements and CCRs
  Practical tips: How to handle problems; the creative use of title insurance/endorsements; legal issues
  John W. Steele, Esq.
Hirschler Fleischer / Fredericksburg, VA
3:45 pm Special Issues for Projects Involving WMATA
  Development at, over, or near operating transit facilities: Special FTA cross-cutting legal requirements; access and construction staging; recurrent covenant, easement issues
  Edward J. Maginnis, Esq., Associate General Counsel
Washington Metropolitan Area Transit Authority / Washington, DC
  Chad DuBeau, Vice President of Development, Mid-Atlantic
Trammell Crow Residential / Washington, DC
5:00 pm Evaluations & Adjourn


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, September 4, 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 6.5 VA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.


The workshop will be held at the Sheraton Reston Hotel at 11810 Sunrise Valley Drive in Reston, VA 20191. Call the hotel directly at (703) 620-9000 for reservations at the special negotiated rate of $199 and mention that you are attending a Law Seminars International workshop. Rooms are on a first come, first served basis.
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

James C. Brennan, Program Co-Chair, is a partner at Reed Smith. He focuses on commercial real estate and business transactions for clients engaged in large-scale residential, office, retail and industrial development, including representing clients in all aspects of acquisition, development, construction, financing and leasing.

Dennis K. Moyer, Program Co-Chair, a Director at Goulston & Storrs, specializes in commercial real estate, with emphasis on real estate acquisition, development, financing and leasing matters. He has been named in "The Best Lawyers in America" and "Chambers USA."

Robert M. Diamond, partner at Reed Smith, concentrates on real property law, with emphasis on the planning and development of condominiums, mixed-use projects and planned unit developments, preparing community association documents for developers and builders. He is listed in "Who's Who in America" and "Who's Who in American Law" and is a "Virginia Super Lawyer."

Chad DuBeau, Vice President of Development, Mid-Atlantic, at Trammell Crow Residential, is responsible for pursuing new development opportunities, product design, and the pursuit of entitlements to meet all local jurisdictional requirements. Previously, he was a Regional Operations Manager/Team Leader with the Bozzuto Group.

William A. Fogarty, partner at Walsh, Colucci, Lubeley, Emrich & Walsh PC, focuses on transactional and development aspects, with a background in the preparation of leases and contracts, including agreements with governmental entities. He also creates the necessary documents for the formation of partnerships, corporations, and limited liability companies.

Paul J. Kiernan, partner at Holland & Knight LLP, is a trial lawyer and appellate advocate who focuses on real estate and local government law. He represents developers, institutions, lenders, builders, real estate trusts, hotels, landlords and tenants on land use, zoning, condemnation, development, and property management disputes. In 2006 he was named "Top Washington Lawyer."

John G. Lavoie, partner at Watt, Tieder, Hoffar & Fitzgerald, L.L.P, focuses on the acquisition and disposition of commercial real estate, including the purchase, sale and leasing of office, industrial, retail and unimproved commercial real property. He represents landlords, tenants, lenders and borrowers in the leasing, finance, work-out and foreclosure of commercial property and is listed in "The Best Lawyers in America."

Stephen A. MacIsaac is the County Attorney for Arlington County, Virginia. In addition to his local government responsibilities, he is General Counsel for the Virginia Railway Express. Previously, he served as an Assistant and the Deputy County Attorney for Prince William County.

Edward J. Maginnis, Associate General Counsel for the Washington Metropolitan Area Transit Authority (WMATA), focuses on commercial real estate; in particular, the joint development program under which WMATA offers transit properties to private developers for transit-oriented development projects.

John W. Steele, partner at Hirschler Flesicher, focuses on commercial real estate acquisition, development, financing and leasing. He has counseled builders, investors, institutional pension funds, major lending institutions and entrepreneurs in connection with the acquisition, development, leasing and sale of office buildings, apartment projects, shopping centers and raw land.