Law Seminars International Presents: The Third Annual Advanced One-Day Workshop on

Development Agreements, Easements and CCRs
Uses and Considerations in 2008

Order Download PDF Brochure

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

September 3, 2008
Renaissance Seattle Hotel in Seattle, WA

Who Should Order This Homestudy

Attorneys, real estate professionals, lenders, owners, managers and anyone else involved in real estate transactions

Why Order

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 and real estate development discuss developing your strategy for approaching problem situations and how to resolve conflicts. This program is a "sine qua non" for anyone working in the modern real estate arena.

~ Christopher I. Brain, Esq. and Serena S. Carlsen, Esq., Program Co-Chairs

You Will Learn About

What Attendees Said

Agenda

Wednesday, September 03, 2008

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

Serena S. Carlsen, Esq., Program Co-Chair
Stoel Rives, LLP / Seattle, WA

 
8:45 am

Easements and CCRs as Restrictions on Use: Determining the Best Approach for the Situation and How Selection of an Approach Can Affect Who Has the Title to What

Similarities and differences; the standards to be met for each; anticipating changes in use; abandonment, easements by prescription that don't match the dedicated easement and termination; insurability and affirmative coverage; commonly overlooked issues

Robert W. Sargeant, Esq.
Williams Kastner & Gibbs PLLC / Seattle, WA

 
9:15 am

Litigation of Disputes Over Easements and CCRs

The biggest problem areas; drafting lessons; resolving issues of intent with poorly drafted documents; case studies of costly mistakes; problems arising from changing use and remodels to maximize building size; tips for avoiding those types of problems

Christopher I. Brain, Esq., Program Co-Chair
Tousley Brain Stephens PLLC / Seattle, WA

The biggest problem areas; drafting lessons; resolving issues of intent with poorly drafted documents; case studies of costly mistakes, problems arising from changing use and remodels to maximize building size; tips for avoiding those types of problems

Bradley P. Thoreson, Esq.
Foster Pepper PLLC / Seattle, WA

 
10:15 am

Break

 
10:30 am

Restrictive Covenants

Update to show what you can do and current best thinking on language

Jerry Kindinger, Esq.
Ryan, Swanson & Cleveland, PLLC / Seattle, WA

 
11:00 am

Structuring Mixed-Use Condominium Projects

Air-space condominiums; air-space condominium units; common elements, limited common elements and easements; control; governance

Gary N. Ackerman, Esq.
Foster Pepper PLLC / Seattle, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Preserving Limited Liability Upon Dissolution of an LLC

Dissolving a limited liability company after completion of a real estate project does not prevent claims against the LLC and creates a risk of a personal liability

Joe McCarthy, Esq.
Kantor Taylor McCarthy P.C. / Seattle, WA

 
1:45 pm

Operating Agreements for Mixed-Use Developments

Restrictive covenants and easements and reciprocal easements for mixed-use projects; managing parking ratios for different constituencies; shared obligations for maintenance between different uses: A case study of the Lincoln Square Project.

Craig H. Shrontz, Esq.
Perkins Coie LLP / Bellevue, WA

 
2:30 pm

Quick Takes on Special Issues

Public/Private partnerships: Update on issues and lessons from the Kent Station project

Thomas C. Brubaker, Esq., City Attorney
City of Kent / Kent, WA

Joseph Blattner, President
Tarragon LLC / Seattle, WA

 
3:15 pm

Break

 
3:30 pm

Common Area Maintenance (CAM) Charges: An Increasing Point of Contention as the Economic Downturn Pressures Landlords and Tenants

How CAM charges work; what landlords and tenants look for going into the lease; auditing for detecting landlords keeping a double set of books

Kathleen J. Hopkins, Esq., Founding Member
Real Property Law Group, PLLC / Seattle, WA

 
4:30 pm

Wrap-Up Panel Discussion: Developing Your Strategy for Approaching Problem Situations

Christopher I. Brain, Esq., Moderator, Program Co-Chair
Tousley Brain Stephens PLLC / Seattle, WA

Retail mixed-use projects and resolving the conflict between landlord and tenants over restrictions on other uses of the space; avoiding problems from failure to integrate documents.

Serena S. Carlsen, Esq., Moderator, Program Co-Chair
Stoel Rives, LLP / Seattle, WA

Kelly Price, Chief Financial Officer
CamWest Development / Kirkland, WA

Joe McCarthy, Esq.
Kantor Taylor McCarthy P.C. / Seattle, WA

 
5:30 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Tousley Brain Stephens PLLC and Stoel Rives LLP

 

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This program qualifies for 7 WA CLE credits. WA Appraiser, Real Estate and AICP are pending. Upon request, we will apply for CLE credits in other states and other types of credits.

Cost

Our complete Homestudy Course, consisting of a DVD recording and the written course materials, is available for $705. 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, member at Tousley Brain Stephens PLLC, focuses on complex real property, business and class action litigation. He handles purchase agreement disputes, specific performance and foreclosure actions, restrictive use covenant and construction cases, ownership and management of closely held businesses.

Serena S. Carlsen, Program Co-Chair, principal in Stoel Rives' Real Estate Practice Group, focuses on commercial real property and development matters including facility purchases, leases and construction. She was chair of the Real Property Probate and Trust Section with the Washington State Bar Association.

Gary N. Ackerman, member at Foster Pepper PLLC, focuses his real estate practice in condominium and community association law. He represents developers and owner associations of condominium projects, including new construction, conversions, residential, mixed-use, air-space, commercial and governmental projects.

Joseph Blattner, President of Tarragon LLC, is responsible for the company's operations and personnel and is involved in every stage of the development process. Previously he was Operations Manager at Sierra Construction.

Thomas C. Brubaker, City of Kent Attorney, practices municipal law and focuses on land use and development issues, public construction contracts, and software agreements. He was integral in the Kent Station downtown redevelopment project and has guided the City with the construction of three major roadway corridors. Most recently, he has negotiated and drafted architectural, construction, operational, concession, and other contracts for the construction of Kent's new events center.

Kathleen J. Hopkins, founding member of Real Property Law Group, PLLC, focuses on commercial real property transactions and finance, commercial leasing and related issues. She frequently speaks and writes on real property, leasing and creditors' rights issues.

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

Joe McCarthy, 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.

Kelly Price is Chief Financial Officer at CamWest Development, a homebuilder in the Northwest creating neighborhoods with businesses, schools and retails centers.

Robert W. Sargeant, member at Williams Kastner & Gibbs PLLC, focuses on real estate transactions and litigation, with an emphasis on land title and title insurance matters. Previously, he was a Vice President and underwriting counsel for Stewart Title Guaranty Company.

Craig H. Shrontz, partner at Perkins Coie LLP, focuses on commercial real estate and property development transactions, retail and commercial leasing and transactions including mixed-use projects, shopping center transactions, public-private partnerships and senior housing developments. He was listed in The Best Lawyers in America and Chambers USA.

Bradley P. Thoreson, 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 & Politics.