Law Seminars International Presents

An Advanced Two-Day Conference on

Commercial Real Estate Leases

Practical information on negotiating and enforcing commercial leases

April 23 & 24, 2007
Sheraton Crescent Hotel in Phoenix, AZ
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 ensure 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: Elizabeth M. Behnke, Esq. and M. Virginia ("Ginger") Perry, Esq.

What You Will Learn

--Current thinking on negotiation and drafting leases --Practical tips for recognizing and avoiding deal-killers --Mixed-use development issues --Financing and insurance considerations for lease negotiations --Resolving potential condemnation conflicts between landlord and tenant --Tips for negotiation --Update on bankruptcy amendments that affect leases --Remedies and enforcement of lease provisions --Emerging issues in environmental law --Special lease situations including state lands and Indian reservations

What Attendees Have Said About Similar Programs

~ Great informative seminar! ~ The speakers offered tons of valuable information ~ Look forward to attending future seminars ~ Lease issues and situations were presented informatively. ~ Found the program to be excellent! ~ Excellent topics & speakers

Agenda

Monday, April 23, 2007
8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Elizabeth M. Behnke, Esq., Program Co-Chair
 Salmon Lewis & Weldon, P.L.C. / Phoenix, AZ
  M. Virginia (Ginger) Perry, Esq., Program Co-Chair
 Ballard Spahr Andrews & Ingersoll, LLP / Phoenix, AZ
8:45 am Negotiating Key Lease Provisions and Making the Deal Happen
  Perspectives on the best current thinking on negotiating and drafting leases; practical tips for recognizing and avoiding potential deal-killers, from letter of intent to move-in
  Landlord's perspective
  Alexander L. (Sandy) Broadfoot, Esq.
 Valenzuela & Broadfoot PLC / Phoenix, AZ
  Tenant's perspective
  M. Virginia Perry, Esq., Program Co-Chair
 Ballard Spahr Andrews & Ingersoll, LLP / Phoenix, AZ
9:45 am Build-to-Suit and Construction Matters
  Legal and business perspectives on drafting work letters in leases; liens; releases and waivers; ways to guard against problems and avoid risks; delivery issues and remedies
  Joseph B. Conn, Esq., Associate General Counsel
 PetSmart, Inc. / Phoenix, AZ
  Randy Carlin, Director of New Store Development and Construction
 PetSmart, Inc. / Phoenix, AZ
10:30 am Break
10:45 am The New Mix of Issues Arising from the Trend Towards More Mixed-Use Developments
  Common Area Maintenance (CAM); percentage rent issues; exclusives, radius, co-tenancy, and out-parcel issues; emergence of lifestyle considerations
  Elizabeth M. Behnke, Esq., Program Co-Chair
 Salmon Lewis & Weldon, P.L.C. / Phoenix, AZ
11:15 am Financing Considerations for Lease Negotiations
  Landlord/waivers and consents with regard to tenant financing; Subordination, Non-Disturbance and Attornment Agreements (SNDA); financing issues
  Robert S. Bornhoft, Esq.
 Quarles & Brady Streich Lang LLP / Phoenix, AZ
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
  Dewaine L. Ried, CPCU, Executive Vice President
 Brown & Brown Insurance of Arizona, Inc. / Phoenix, AZ
  Kevin W. Goff, Esq.
 Lewis and Roca LLP / Phoenix, AZ
2:15 pm Condemnation: Resolving the Potential Conflicts Between Landlord and Tenant
  How to value the interests of the lessor and lessee for condemnation (and other) purposes
  Gary L. Birnbaum, Esq.
 Mariscal, Weeks, McIntyre & Friedlander, P.A. / Phoenix, AZ
3:00 pm Break
3:15 pm Emerging Issues in Environmental Law: Concerns and Remedies
  New cases on cleanup liability; allocation of liability; revised policy on DOE's "No Further Action" letters; indoor air toxicity; stormwater management
  Matthew Joy, Esq.
 Jorden Bischoff & Hiser PLC / Scottsdale, AZ
4:00 pm Recent Changes to the Ethics Rules
  New guidelines for transactional attorneys and litigators in the Arizona Rules of Professional Conduct:
  Daniel McAuliffe, Esq.
 Snell & Wilmer / Phoenix, AZ
5:00 pm End of Day

Tuesday, April 24, 2007
8:00 am Registration and Continental Breakfast
8:30 am Remedies and Enforcement
  Enforceability of particular lease provisions; unlawful detainer actions (with forms); dealing with abandonment
  Don J. Miner, Esq.
 Fennemore Craig P.C. / Phoenix, AZ
9:15 am Bankruptcy: An Update on Amendments that Changed the Leasing Playing Field
  Thomas J. Leanse, Esq.
 Katten Muchin Rosenman LLP / Los Angeles, CA
10:00 am Break
10:15 am The Dance of Negotiation: What You Really Care About; What You Trade; Balance of Power Issues
  Time-consuming, over-negotiated, and problem clauses; cancellation terms; tenant improvements; delays in delivery of the premises; exclusions from operating costs; assignments; subleases; indemnities; insurance; differing issues for differing use types
  M. Virginia Perry, Esq., Program Co-Chair
 Ballard Spahr Andrews & Ingersoll, LLP / Phoenix, AZ
  Helen D. Shapiro, Esq.
 Brier, Irish, Hubbard & Erhart, PLC / Phoenix, AZ
11:45 am Lunch (on your own)
1:00 pm Special Issues for Leases on State Lands and Indian Reservations
  State lands: Discussion of the unique aspects of State Trust land ground leases and the legal constraints relating to leases of Trust Land
  The Hon. Mark Winkleman, Esq., State Land Commissioner
 Arizona State Land Department / Phoenix, AZ
  Indian reservations
  Don J. Miner, Esq.
 Fennemore Craig PC / Phoenix, AZ
2:00 pm Quick Takes on Special Lease Situations
  Elizabeth M. Behnke, Esq., Program Co-Chair, Moderator
 Salmon Lewis & Weldon PLC / Phoenix, AZ
  C-Store
  David E. Vieweg, Esq.
 Fennemore Craig PC / Phoenix, AZ
  Food-service
  Joshua S. Becker, Esq., Associate Counsel
 Cold Stone Creamery / Scottsdale, AZ
  Industrial and warehouse
  Alexander L. (Sandy) Broadfoot, Esq.
 Valenzuela & Broadfoot PLC / Phoenix, AZ
  Office space
  Helen D. Shapiro, Esq.
 Brier, Irish, Hubbard & Erhart, PLC / Phoenix, AZ
  Shopping centers
  Thomas J. Leanse, Esq.
 Katten Muchin Rosenman LLP / Los Angeles, CA
3:30 pm Evaluations and 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, 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

This program qualifies for 12.0 AZ CLE including 1 ethics credit and 12 Real Estate credits. Appraiser and AICP credits 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 Sheraton Crescent Hotel at 2620 West Dunlap Avenue in Phoenix, AZ 85021 USA. For reservations, call (800) 325-3535 and ask for the "catering rate." You will receive a 20% discount, subject to availability.
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

Elizabeth M. Behnke, Program Co-Chair, is a partner with Salmon Lewis & Weldon, P.L.C., practicing in the areas of commercial leasing and commercial real estate transactions. Her leasing experience encompasses both landlord and tenant issues in office, industrial, retail, and general commercial contexts, with an emphasis on lifestyle center planning and leasing.

M. Virginia (Ginger) Perry, Program Co-Chair, is a partner in the Real Estate Department and a member of the Real Estate Development and the Real Estate Leasing Groups at Ballard Spahr Andrews & Ingersoll, LLP. She has represented local, regional and national clients in retail, office and industrial leasing, residential, and hotel projects. Ms. Perry is also listed in "The Best Lawyers in America" for Real Estate law.

Joshua S. Becker, Associate Counsel at Cold Stone Creamery, is responsible for franchisee legal issues for half of the country. He also deals with landlord-tenant and other lease-related disputes, manages litigation, negotiates supply and development agreements, and is responsible for the legal aspects of Cold Stone's non-traditional business development.

Gary L. Birnbaum is the Managing Director of Mariscal, Weeks, McIntyre & Friedlander, P.A., and a senior litigation attorney with the firm. He has significant experience in complex commercial, real estate and eminent domain litigation. Mr. Birnbaum is also Associate Dean of the Sandra Day O'Connor College of Law at Arizona State University.

Robert S. Bornhoft, partner at Quarles & Brady Streich Lang LLP, focuses his practice on real estate and business transactional matters. He represents clients in retail and office leasing, commercial real estate purchase and sales, and commercial loan and financing transactions. Mr. Bornhoft also issues legal opinions regarding multi-state financing, real estate and commercial transactions.

Alexander L. "Sandy" Broadfoot, a founding partner of Valenzuela & Broadfoot PLC, focuses on real estate transactions including land acquisition and development, financing, leasing, and sales. His leasing experience includes representation of both landlords and tenants in retail, office and industrial transactions. Mr. Broadfoot is listed in "Chambers USA" and "The Best Lawyers in America."

Randy Carlin is Director of New Store Development and Construction for PetSmart, Inc. His experience includes projects in the development and construction industry, primarily in commercial projects working as an owner's representative. Previously, Mr. Carlin was with Amerco Real Estate, the real estate holding company for U-Haul.

Joseph B. Conn is Associate General Counsel of Real Estate for PetSmart, Inc. He's experienced in transactions involving site acquisition and financing, anchor tenant leasing, the purchase and sale of completed commercial projects, disposition of excess property, sale/lease-back of retail stores, and property management.

Kevin W. Goff, a partner in Lewis and Roca LLP's Real Estate Transactions Practice Group, focuses his practice on commercial leasing, secured financing, and acquisitions and dispositions. He negotiates letters of intent, leases and work letters, and drafts loan documents, including title insurance policies and endorsements.

Matthew Joy, a partner at Jorden Bischoff & Hiser PLC, practices in the areas of environmental and natural resources and litigation. He regularly represents clients in manufacturing, heavy industry, mining, and petroleum and natural gas industries.

Thomas J. Leanse, partner at Katten Muchin Rosenman LLP, has extensive trial and appellate experience with focus on resolution of business and real estate disputes in traditional and nontraditional fora. He works as a strategic advisor to clients regarding preparation for and resolving disputes involving material economic and policy considerations. Mr. Leanse is listed as a Southern California Super Lawyer.

Daniel. McAuliffe is a partner at Snell & Wilmer where he represents clients in complex commercial litigation matters. He was also a member of the Group that wrote the 2003 and 2004 amendments to the Arizona Rules of Professional Conduct, and currently serves as the President-Elect of the State Bar of Arizona. Mr. McAuliff is listed in "The Best Lawyers in America."

Don J. Miner, a director at Fennemore Craig P.C., chairs the firm's real estate practice. His work focuses on real estate and business transactions, development, finance, leasing and real estate brokerage matters. Mr. Miner is experienced in the drafting and enforcement of commercial leases and development on Indian reservation and Arizona State lands. He is included in "The Best Lawyers in America."

Dewaine L. Ried is Executive Vice President of Brown & Brown Insurance of Arizona, Inc., where he specializes in the commercial insurance industry. He holds various professional designations including CPCU (Chartered Property Casualty Underwriter) and AAI (Accredited Advisor in Insurance). He is current Chairman of the Workers Compensation Appeals Board of Arizona.

Helen D. Shapiro is a partner with Brier, Irish, Hubbard & Erhart, PLC, where she practices real estate law and commercial finance. Her practice includes local, multi-state and cross-border real estate transactions involving office, retail, industrial, hotel and healthcare facilities and complex commercial leasing of office, industrial and retail sites.

David E. Vieweg is a director at Fennemore Craig PC where he practices primarily in the areas of real estate acquisition and development, real estate finance, and commercial leasing. He has represented clients in transactions involving raw land, improved commercial property, commercial loan transactions, and leasing of retail, office, and industrial property.

Mark Winkleman, State Land Commissioner for the Arizona State Land Department, manages over nine million acres of State Trust land. Since his appointment in 2003, the Land Department has disposed of properties through competitive auctions in excess of $1.3 billion dollars, the vast majority of which will go to benefit the State of Arizona's educational system.