Law Seminars International Presents:

An Advanced Conference on

Commercial Real Estate Leases

Successful strategies for negotiation, enforcement, and documentation

February 6 & 7, 2020

Portland, OR

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Program Overview

Who Should Attend

Attorneys, landlords, tenants, brokers, lenders, property managers, and other real estate professionals who are involved in landlord/tenant relationships, and others charged with negotiating, documenting and solving challenging lease transactions

Why You Should Attend

If you negotiate or draft leases, or broker, finance, insure, own or manage commercially leased property, we invite you to join us for this inaugural Advanced Conference on CRE Leases. We are proud to present this outstanding faculty of the area's preeminent practitioners speaking on a wide and relevant array of topics.

Our initial session will discuss negotiating strategies and will do a bit of "stage setting". We will next learn about risk management and insurance. We've assembled a panel of leading brokers to inform us about market trends in their respective asset classes to complete our first morning. This first afternoon features presentations on new financial regulations, incentives and opportunities, as well as separate sessions focusing upon office leases and ground leases. We invite you to join us for the hosted reception at the end of the day.

We begin Friday morning with a session on retail leases, followed by one on construction work letters. Our morning concludes with a panel discussion by prominent owners and developers. Our second afternoon features presentations on defaults and remedies.

We are confident that you'll come away from the conference with insights to keep you on the forefront of commercial leasing law in the context of current market and business trends.

~ Gregory G. Lutje, Esq. of Ryan Swanson & Cleveland and Katherine Carlson Wax, Esq. of Schwabe Williamson & Wyatt, Program Co-Chairs

What You Will Learn

  • Charting out negotiating strategies
  • Broker and owner perspectives on the market
  • New financial regulations on leasing
  • Current topics in office leasing
  • Retail leasing as retailers adapt to online competition
  • Ground leases as a vehicle for developing industrial properties
  • Construction work letters
  • Strategic use of insurance coverage
  • Effective terms for addressing defaults and remedies
  • Special provisions to address retail tenant bankruptcies and receiverships

What Attendees Have Said About Similar Programs

  • " This program is very informative, and I am learning a lot from seasoned experts."
  • "Substantively program was very good."
  • "Panel format was very informative"

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction: Charting Out Negotiating Strategies

Techniques for engaging in negotiations and the principles of compromise: How experienced counsel negotiate and why

Gregory G. Lutje, Esq. , Program Co-Chair
Ryan Swanson & Cleveland / Seattle, WA

Katherine C. Wax, Esq. , Program Co-Chair
Schwabe Williamson & Wyatt / Portland, OR

9:45 am

Risk Management: Strategic Use of Insurance Coverage

Drafting effective contractual provisions to allocate risk and govern application of insurance proceeds following an accident or casualty; interpreting risk allocation language in existing leases

Heidi L. Tapasa , Senior Vice President
USI Insurance Services / Portland, OR

10:30 am

Break

10:45 am

Market Update: Broker Perspectives on How the Market is Evolving

Overview of recent market developments

Timothy S. Mitchell , Moderator, President
Norris & Stevens / Portland, OR

Office properties

Andrew Rosengarten , Managing Director
JLL / Portland, OR

Suburban retail properties

Brooke Subert , President
Subert Commercial Real Estate / Lake Oswego, OR

Urban retail properties

Rob Moneyhan , Vice President
Urban Works / Portland, OR

Industrial properties

Cara Nolan , Senior Vice President
CBRE / Portland, OR

12:15 pm

Lunch (on your own)

1:30 pm

New Financial Regulations on Leasing

Accounting for capital improvements; tax act provisions; opportunity zones

Dan Eller, Esq.
Schwabe Williamson & Wyatt / Portland, OR

Brigitte Sutherland
Perkins & Company PC / Portland, OR

2:45 pm

Current Topics in Office Leasing

Unique issues for landlords and tenants related to historic buildings, new construction, office conversions, and office space in mixed use projects; considerations related to co-working tenants; addressing special amenities in leases

Benjamin Leedy, Esq.
Stoll Berne / Portland, OR

3:30 pm

Break

3:45 pm

Ground Leases as a Vehicle for Developing Industrial Properties

How they work and how to get to a financeable deal

Donald Russo, Esq.
Schwabe Williamson & Wyatt / Vancouver, WA

Mike Schiller , Director of Business Development
Port of Vancouver / Vancouver, WA

5:00 pm

Continue the Conversation: Reception for Faculty and Attendees

Sponsored by Ryan Swanson & Cleveland and Schwabe Williamson & Wyatt

Friday, February 07, 2020

8:30 am

Retail Leases: Landlord & Tenant Perspectives on Leasing as Retailers Adapt to Online Competition and Change Their Business Models

Landlord's perspective on exclusives: Commencement and termination terms, operating covenants, limits on uses, common area maintenance, assignments and subleases, parking, accommodating tenant exit strategies and other issues

Kirsten Day, Esq.
Landye Bennett Blumstein / Portland, OR

Tenant's perspective

Randal A. Johnson, Esq.
InSite Law / Portland, OR

9:45 am

Construction Work Letters

The lawyer's role; how to get accurate information and enough detail into the document

Dave A. Hepler, Esq.
Schwabe Williamson & Wyatt / Portland, OR

10:30 am

Break

10:45 am

Market Update: Owner Perspectives

Demand for the major types of commercial space today and available supply

Katherine Wax, Esq. , Program Co-Chair, Moderator
Schwabe Williamson & Wyatt / Portland, OR

Sydney Reuter , Leasing Manager
CE John Company / Portland, OR

Lauren Golden Jones , Development Manager
Capstone Partners / Portland, OR

Sarah Zahn , Director of Development
Urban Development Partners / Portland, OR

12:15 pm

Lunch (on your own)

1:30 pm

Commercial Leasing Defaults and Remedies

Lessons from recent litigation on problematic provisions leading to disputes; specific examples of issues, such as violation of operating covenants, that may arise; selection of remedies and defenses

Gregory G. Lutje, Esq. , Program Co-Chair
Ryan Swanson & Cleveland / Seattle, WA

Special issues for provisions to deal with retail tenant bankruptcies and receiverships; how landlords can help prevent bankruptcy filings, or at least position themselves in the best possible way in case a tenant does file

Thomas W. Stilley, Esq.
Sussman Shank / Portland, OR

3:00 pm

Evaluations and Adjourn

Faculty Bios

Gregory G. Lutje, Gregory G. Lutje, Program Co-Chair, is of counsel at Ryan Swanson & Cleveland. He focuses on real estate leasing, acquisitions, dispositions, financing/refinancing, development and entitlements.

Katherine C. Wax, Katherine C. Wax, Program Co-Chair, is a shareholder at Schwabe Williamson & Wyatt. She focuses on the representation of landlords and tenants in lease transactions involving a variety of product types.

Timothy S. Mitchell, Timothy S. Mitchell, Moderator, is President of Norris & Stevens and manages the brokerage group.

Kirsten Day Kirsten Day is a partner at Landye Bennett Blumstein specializing in real estate matters. She previously was Vice President and General Counsel of PacTrust.

Dan Eller Dan Eller is a shareholder at Schwabe Williamson & Wyatt. His tax practice includes real property development, foreign bank account and asset reporting, and tax-exempt entities.

Dave A. Hepler Dave A. Hepler is a shareholder at Schwabe Williamson & Wyatt. His leasing practice includes institutional and private real property owners throughout the western United States.

Randal A. Johnson Randal A. Johnson is the managing member of InSite Law, whick specializes in real estate law. He has been recognized as one of the pre-eminent real estate attorneys in Oregon..

Lauren Golden Jones Lauren Golden Jones is Development Manager at Capstone Partners. She has extensive experience managing planning and entitlement processes for development and infrastructure projects.

Benjamin Leedy Benjamin Leedy is a shareholder at Stoll Berne. He focuses on commmercial real estate acquisitions and dispositions, real estate finance, leasing, and development.

Rob Moneyhan Rob Moneyhan is Vice President at Urban Works. He focuses on Retail & Mixed-Use Real Estate Brokerage.

Cara Nolan Cara Nolan is Senior Vice President at CBRE. She specializes in industrial properties, including manufacturing and distribution facilities in the Portland Metro area.

Sydney Reuter Sydney Reuter is Leasing Manager for CE John Company. She previously was a Lease Administration Analyst for Nike and Tenant Servies Coordinator at Cushman & Wakefield.

Andrew Rosengarten Andrew Rosengarten is Managing Director of JLL. He works with national, regional and local corporate occupiers of office space.

Donald Russo Donald Russo is a shareholder at Schwabe Williamson & Wyatt. His real estate practice includes resolving complex environmental and title issues.

Mike Schiller Mike Schiller is Director of Business Development for the Port of Vancouver. He supervises staff supporting the sales, real estate, marketing and customer service departments.

Thomas W. Stilley Thomas W. Stilley is managing partner of Sussman Shank. He has served as lead counsel to business debtors, secured and unsecured creditors, committees, and trustees Chapter 7 & Chapter 11 cases in Oregon and southern Washington.

Brooke Subert Brooke Subert is President of Subert Commercial Real Estate. Her firm focuses on partnering with clients to provdide a "five-star" customer experience in the shopping center and hospitality industries.

Brigitte Sutherland Brigitte Sutherland is a tax shareholder at the accounting firm of Perkins & Company PC. She is a senior member of the firm's real estate practice group and serves a wide array of clients in the real estate industry.

Heidi L. Tapasa Heidi L. Tapasa is Senior Vice President and co-leads the Real Estate & Property Management practice at USI Insurance Services.

Sarah Zahn Sarah Zahn is Director of Development for Urban Development Partners. Her project track record includes mixed use infill, multifamily, office, higher education, civic uses and affordable housing.

Continuing Education Credits

Live credits: This program qualifies for 11.75 Oregon MCLE and 11.75 Oregon Real Estate credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Location

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PacWest Center

1211 SW 5th Ave in Portland, OR 97204

The conference will be held at the PacWest Center at 1211 SW 5th Ave in Portland, OR 97204. Our thanks to Schwabe Williamson & Wyatt for graciously hosting this event.
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