Purchase and Sale of Commercial Real Estate
Session 1, Tuesday, January 15, 2013

Speakers: Nancy Appleby and Kellye Clarke
Description: This session will focus on the nuts and bolts of a “typical” purchase and sale agreement for commercial real estate and pre-settlement due diligence.

Topics will include:

Key points of a letter of intent;
Identification of parties, property and terms of sale;
Closing conditions, including escrow instructions and title insurance requirements;
Representations and warranties; and
Buyer inspection rights.

Commercial Real Estate Leasing
Session 2, Tuesday, February 19, 2013

Speakers: Dick Goldberg, Mark Hennigh, and Mark Senn
Description: A panel of experts will discuss the problems and pitfalls most often encountered in commercial real estate leasing.

Topics will include:

Rent structures – gross, net, triple net; operating cost pass-throughs; percentage rent for retail leases;
Term: making sure that rent and term start at the same time;
Lender issues: subordination/non-disturbance agreements (why you do or don’t need them);
Sublease/assignment: what issues really matter to each side; and
Renewal options: does anyone really use those clauses for determining FMV (but why you still want to include them).

Commercial Real Estate Financing
Session 3, Tuesday, March 19, 2013

Speakers: Dianne Coscarelli, Diane Stokke, and James Wilson
Description: The panelists will discuss legal issues involved in obtaining financing for commercial real estate projects, including both construction lending and permanent lending.

Topics will include:

The loan process from loan application to commitment to closing;
The loan documents that are needed and how to draft and negotiate them;
Key due diligence items needed – title, survey, entity documents, zoning, insurance, appraisal, environmental, UCC searches, and more;
The lawyer’s role in the due diligence process; and
Differences between term loans, construction loans, securitized lending and portfolio lending.

Surveys, Legal Descriptions & Title Insurance
Session 4, Tuesday, April 16, 2013

Speakers: Marjorie Bardwell, James Brown, Orlando Lucero, and Vince Macauda
Description: This program will focus on what are legal descriptions, the different types of surveys, and the interrelationship between surveys and various title insurance coverages.

Topics will include:

Parts of a legal description, how to recognize a “bad legal”, requirements for a “legal” description;
Types of legal descriptions and how to read them, including metes and bounds, sectionalized property and platted property;
Types of Surveys, including location reports, boundary surveys, and ALTA/ACSM Surveys;
Issues to consider when reviewing surveys for clients and title insurance;
Survey issues and their relationship to title insurance, including how title insurance companies use and rely on surveys; and
Title policy endorsements that require a survey.

Commercial Real Estate Development
Session 5, Tuesday, May 21, 2013

Speaker: Mark J. La Fratta, Sandra Porter, and James Slaton
Moderator: Nancy R. Little
Description: Experienced land development attorneys will provide an overview of the real estate development process.

Topics will include:

Overview of the zoning and entitlement process;
Design and construction contracts and development agreements;
Understanding owners’ associations;
Easements, covenants and restrictions; and
Utilities and road dedications

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2013 Fundamentals of Commercial Real Estate eCLE Program Series

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Program Sessions