Law Seminars International Presents

An Advanced One-Day Workshop on

Development Agreements, Easements & CCRs

Current Uses and Considerations

September 5, 2007
Renaissance Seattle Hotel in Seattle, WA
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Who Should Attend

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

Why Attend

Expanding popularity in the use of easements, and special considerations involved with designing those easements, make this seminar particularly salient. This program will provide sophisticated, insightful and practical information on drafting instruments related to 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. This program addresses issues associated with mixed-use and condominium developments, and gives examples to show what you can do with restrictive covenants and changes in the language. The day concludes as a panel of practicing experts from law, development, government and finance discuss hazards of mixed-use redevelopment projects and the best approaches for resolving them. This program is a "sine qua non" for anyone working in the modern real estate arena. ~ Program Co-Chairs: Christopher I. Brain, Esq. and Diane R. Stokke, Esq.

What You Will Learn

~CCRs and easements' similarities and differences, standards on implementation, and title issues ~Drafting language, clarifying terminology and resolving issues of intent ~Conservation easements and transfer of development rights: How they are different from dedications and early lessons ~Potential issues in a complex mixed-use redevelopment project ~CCRs for condominium developments ~Public/private partnerships case study: Issues and lessons from the Kent Station project ~Operating agreements for mixed-use developments ~Restrictive covenants: Examples to show what you can do and changes in the language

What Attendees Have Said About Similar Programs

~ Great panel, great topics, great seminar. Thank you for your commitment to providing us with world class education opportunities. ~ "[LSI] provide(s) 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)." --Marti Anamosa ~ As always a great seminar.

Agenda

Wednesday, September 05, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Christopher I. Brain, Esq., Program Co-Chair
Tousley Brain Stephens PLLC / Seattle, WA
  Diane R. Stokke, Esq., Program Co-Chair
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
8:45 am Issues Arising from the Similarities and Differences between CCRs and Easements and Uncertainty over the Best Approach to Take
  Where are they different? What standards are used on how they are implemented?
  Jane Rakay Nelson, Esq.
Lane Powell PC / Seattle, WA
9:15 am Litigation of Disputes Over Easements and CCRs
  The biggest problem areas; drafting lessons; best approach for resolving issues of intent with poorly drafted documents; case studies of costly mistakes resulting in expensive tear-downs, and tips for avoiding those types of problems
  Christopher I. Brain, Esq., Program Co-Chair
Tousley Brain Stephens PLLC / Seattle, WA
  Bradley P. Thoreson, Esq.
Foster Pepper PLLC / Seattle, WA
10:15 am Break
10:30 am The Burgeoning New Areas of Conservation Easements and Transfer of Development Rights
  How they are different from dedications (like a no-cut zone or sensitive area set aside); early lessons
  Konrad J. Liegel, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
11:15 am Public/Private Partnerships
  Case study of issues and lessons from the Kent Station project, currently in construction for Phase II and permitting for Phase III
  Thomas C. Brubaker, Esq., City Attorney
City of Kent / Kent, WA
12:00 pm Lunch (on your own)
1:15 pm Operating Agreements for Mixed-Use Developments: New Issues in CCRs for Retail Centers
  Different uses for common areas (residential vs. commercial); managing parking ratios for different constituencies after a change in use
  Diane R. Stokke, Esq., Program Co-Chair
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
1:45 pm Title Issues in CCRs and Easements
  Abandonment (created but never developed or used, or conflicting use - does it go away?); easements by prescription that don't match the dedicated easement; termination; insurability and affirmative coverages; commonly overlooked issues
  David E. Lawson, Vice President and Western Division 2 Underwriter
Chicago Title Insurance Company / Seattle, WA
2:30 pm Restrictive Covenants
  Examples to show what you can do, and also changes in the language
  Jerry Kindinger, Esq.
Ryan, Swanson & Cleveland, PLLC / Seattle, WA
3:00 pm Break
3:15 pm Easements and CCRs for Condominium Development
  New cases dealing with common areas versus limited common areas; expense allocations; rights to construct in common areas
  Joe McCarthy, Esq.
Kantor Taylor McCarthy P.C. / Seattle, WA
4:00 pm Wrap-up Panel Discussion: Potential Issues in a Complex Mixed-Use Redevelopment Project and the Best Approaches for Resolving Them
  Overview of the project and parties
  Christopher I. Brain, Esq., Program Co-Chair
Tousley Brain Stephens PLLC / Seattle, WA
  Developer's perspective
  James Alekson, President and CEO
Alekson Development Group LLC / Bellevue, WA
  Co-owner's perspective
  Steven R. Rovig, Esq.
Hillis Clark Martin & Peterson, P.S. / Seattle, WA
  Lender's perspective
  John Swanson, Senior Vice President
U.S. Bank of Washington / Seattle, WA
5:00 pm Evaluations and Adjourn
  Reception for Attendees and Faculty Sponsored by Tousley Brain Stephens PLLC

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 Wednesday, August 29, 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 6.75 WA CLE credits. WA AICP, Appraiser and Real Estate credits are pending. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The workshop will be held at the Renaissance Seattle Hotel at 515 Madison St. in Seattle, WA 98104. A special negotiated rate of $159 is available for on-line reservations only on a first come, first served basis. Go to http://marriott.com/hotels/travel/seasm-renaissance-seattle-hotel to reserve. Use Corporate Code L64. If you have any additional questions for the hotel, please contact them directly at (206) 583-0300.
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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

Christopher I. Brain, Program Co-Chair, is a partner at Tousley Brain Stephens PLLC and focuses on real property, business, conflict resolution, commercial litigation, and defective building product class action litigation. He wrote "Commercial Litigation Posturing in Real Estate Cases," "Procedure for Processing Judicial Foreclosures," and "Litigation of Disputes over Easements and Covenants, Conditions and Restrictions" for the Washington State and the Seattle-King County Bar Associations, and was named one of Washingtonís top 100 lawyers by "Washington Law & Politics" magazine for the past four years.

use bio in first speaking slot

Diane R. Stokke, Program Co-Chair, is a partner at Kirkpatrick & Lockhart Preston Gates Ellis LLP and represents real estate investors and lenders in the acquisition, development and financing of commercial real estate. She has represented public entities in sale/leaseback transactions, property acquisitions, construction, property exchanges and complex easements and has extensive experience in the structuring and financing of public/private development projects.

use bio in first speaking slot

James Alekson, President and CEO of Alekson Development Group LLC, has been developing a broad range of urban mixed-use projects in population dense Seattle neighborhoods since 1990 including TriBeCa and 2200, and with those developments has built an extensive background in condominium documentation.

Thomas C. Brubaker, City Attorney for the City of Kent, focuses on municipal law, land use and development issues, construction law and software contracts. He is integral in the Kent Station project success, and also is working on the development of a $50 million, 6500-seat events facility in conjunction with the Seattle Thunderbirds hockey organization.

Jerry Kindinger, a member of Ryan, Swanson & Cleveland, PLLC, has a diverse commercial practice focusing on complex litigation, as well as construction and real property litigation. He also helps clients organize, buy and sell businesses and resolve ongoing legal problems.

David E. Lawson, Vice President and Western Division 2 Underwriter for Chicago Title Insurance Company and the Fidelity National Financial family of title insurance companies, has 30 years of experience in the title insurance industry and has been an underwriter for the past 20 years.

Konrad J. Liegel, a partner at Kirkpatrick & Lockhart Preston Gates Ellis LLP, practices real estate, land use, conservation, environmental, and non-profit law for public and private clients, where he focuses on natural resources and environmentally-sensitive areas.

Joe McCarthy, a partner of Kantor Taylor McCarthy P.C., limits his practice to real estate development and finance, particularly of multi-family housing, single-family communities and mixed-use projects. He has been practicing law in Seattle for more than two decades.

Jane Rakay Nelson, shareholder at Lane Powell PC and co-chair of the firm's Real Estate and Land Use Group, handles financing, lease and acquisition transactions. She is on the Downtown Seattle Association Board of Trustees and was on the Executive Committee of the Real Property, Probate and Trust Section of the Washington State Bar Association. She was named a "Super Lawyer" by Washington Law and Politics and has a Martindale-Hubbell "AV" rating.

Steven R. Rovig, attorney with Hillis Clark Martin & Peterson, P.S. and the firmís Business and Real Estate groups, focuses on real estate transactions. He was the Chair of King County Bar Associationís Community Legal Services Committee and President of King County Bar Foundationís Board of Trustees, and is on committees drafting proposed amendments to the Washington Condominium Act and the Homeowners Association Act.

John Swanson, Senior Vice President and Seattle Market Manager for commercial real estate at the U.S. Bank of Washington, has varied experience predominantly concentrating on income property project financing.

Bradley P. Thoreson, a member of Foster Pepper PLLC, practices real estate litigation and negotiation, specializing in commercial transactions, work-outs and dispute resolution. He was named a "Super Lawyer" by Washington Law and Politics, 2001-2006.