University of Texas School of Law
Conference art
TX Credit Info:
8.00 hrs
1.00 hrs Ethics
TX Specialization:
Consumer and Commercial Law
Real Estate Law
More Credit Info

2012

Leasing Institute

Dallas Oct 3, 2012 – Belo Mansion
Conference Concluded

Austin Oct 24, 2012 – Four Seasons Hotel
Conference Concluded

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Also available as: In-House CLE, Materials



Program Features
Join experts in real estate law, finance and leasing for this focused one-day program that covers the latest leasing issues at a sophisticated level.

The 2012 Leasing Institute opens with The Leasing Market in 2012-2013: Where We Are and Where We Are Going and closes with David Weatherbie's definitive Case Law Update. Other topics include:
  • Drafting leases for office/warehouses and distribution centers, retail, mixed use, and on-campus medical offices

  • Best practices in negotiating leases and other transactions

  • Build-outs and upgrades; options and preferential rights

  • Affirmations of leases after foreclosure

  • Using the Other Party's Liability Insurance

  • Property insurance, maintenance, repair and restoration clauses

  • Pro bono opportunities, and much more
The Leasing Institute is offered immediately before the William W. Gibson, Jr. Mortgage Lending Institute—stay on for the ultimate three-day real estate, finance and leasing offering.
Schedule

Wednesday Morning

Presiding Officer:
Robert Harms Bliss, Attorney at Law - Dallas, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:20 am
Welcoming Remarks

8:30 am

0.75 hr

The Leasing Market in 2012-2013: Where We Are and Where We Are Going

An analysis of the occupancy and rental levels and trends in specific office building and industrial markets, together with insights from local real estate brokers into market opportunities and obstacles.

In Dallas:
Panelist: Brooke Armstrong, Jones Lang LaSalle Americas, Inc. - Dallas, TX
Panelist: Russell D. Cosby, Jones Lang LaSalle Americas, Inc. - Dallas, TX
In Austin:
Panelist: Ronnie Deyo, Jones Lang LaSalle Americas, Inc. - Houston, TX
Panelist: Jeff Pace, Jones Lang LaSalle Americas, Inc. - Austin, TX
Panelist: Elysia Holt Ragusa, Jones Lang LaSalle Americas, Inc. - Austin, TX

9:15 am

0.33 hr

You Can't Just Store It, Build It and Ship It: Peculiar Issues with Industrial and Warehouse Leases

Learn about some peculiar, nitty gritty issues in industrial and warehouse leases. The discussion explores situations that commonly occur with industrial leasing and provides practical drafting ideas.

In Dallas:
Travis James Siebeneicher, Fulbright & Jaworski L.L.P. - Austin, TX
In Austin:
Amy Maislin Mitchell, Fulbright & Jaworski L.L.P. - Austin, TX

9:35 am

0.50 hr

Gotchas: Traps in Retail Leasing for the Unwary or Uninitiated

A look at common clauses in retail leases that can come back to bite a landlord or tenant.

K. Gregory Erwin, Winstead PC - Houston, TX

10:05 am

0.50 hr

On-Campus Medical Office Ground Leases

A discussion of the special issues encountered when leasing premises located on a hospital campus for development of a medical office building.

Philip D. Weller, DLA Piper US LLP - Dallas, TX

10:35 am
Break

10:50 am

0.67 hr

Avoiding Mix-Ups in Mixed Use Leases

The trend toward new urbanism in city planning has led to a boom in mixed use developments. Careful considerations must be given to leases in mixed use developments to ensure that the costs associated with the development are fairly allocated and that the constituents of the development are able to co-exist in a harmonious manner. This session provides insight into the unique issues surrounding mixed use leases.

In Dallas:
Jeanne Marie Caruselle Katz, Winstead PC - Dallas, TX
In Austin:
T. Andrew Dow, Winstead PC - Dallas, TX

11:30 am

0.67 hr

Office Building Space Build-Outs and Upgrades: Construction and Work Letters

The why, what, who, how and when of constructing tenant improvements.

Kurt Nondorf, Jackson Walker L.L.P. - Houston, TX
In Dallas:
Kris Hopson, CBRE, Inc. - Dallas, TX
In Austin:
Jim Swanson, SDI Architects, LLC - Jersey Village, TX

12:10 pm
Break for Buffet Lunch

Included in conference registration fee.

Wednesday Afternoon

Presiding Officer:
Aaron Johnston Jr., Attorney at Law - Dallas, TX

Luncheon Presentation

12:30 pm

0.75 hr ethics

The Theory and Practice of Negotiating Leases and Other Transactions

A presentation of negotiation concepts and strategies focused on leasing transactions with an emphasis on getting beyond mere haggling over terms to a focus on integrative outcomes to benefit all parties.

Douglas R. Dierking, University of Texas McCombs School of Business - Austin, TX

1:15 pm
Break

1:30 pm

0.67 hr

Office Lease Negotiations in a Tight Market: Challenges Faced by Landlords and Tenants

Occupancy rates are high and rental rates are on the rise for Class A product. Quality office space is in short supply in many submarkets. Explore some of the issues faced by landlords and tenants in structuring new leases and exercising renewal options. Topics include preferred timing for negotiating a new lease and renewal option; juggling expiration dates for soon-to-be former tenants with the desired commencement dates for new tenants (double-rent situations, holdover, risk of completion of construction); pending changes in ownership of buildings; form of document in renewal (e.g. amendment to existing lease vs. new lease document); relocation rights; encumbrances; and balancing various tenants' needs and rights.

Candace S. Baggett, The Calibre Group, Inc. - Houston, TX
In Dallas:
Michelle Wogan, Transwestern - Houston, TX
In Austin:
Ronnie T. Martin, Colvill Office Properties - Houston, TX

2:10 pm

0.33 hr

Affirmation of Leases after Foreclosure

Foreclosure of a senior encumbrance on real property (such as a first lien deed of trust) extinguishes a junior encumbrance (such as a lease entered into after the date of the senior encumbrance). However, the post-foreclosure conduct of the buyer at the foreclosure sale and the tenant may create, by implication, a new lease between the buyer and the tenant based upon the terms of the extinguished lease. Just as beauty is in the eye of the beholder, conduct creating lease affirmation has many facets.

Robert Harms Bliss, Attorney at Law - Dallas, TX

2:30 pm

0.50 hr

Things You Wish You Had Done before Foreclosure after Foreclosure: Subordination and Non-Disturbance Agreements

A brief look at the role of SNDAs in determining the priority of lenders' and tenants' interests as well as common drafting and negotiation considerations.

Justin V. Switzer, Moody Law Group, PLLC - Houston, TX

3:00 pm

0.50 hr

Options and Preferential Rights: Expansion, Relocation, First Refusal and First Offer

How to grant reasonable preferential rights to appropriate tenants while avoiding the far too common and potentially costly battle of conflicting obligations.

Kent Newsome, Greenberg Traurig, LLP - Houston, TX

3:30 pm
Break

3:45 pm

0.50 hr

Drafting Functional Maintenance, Repair, Casualty and Insurance Provisions for Different Types of Commercial Leases

This presentation examines the legal rules governing a commercial landlord's and tenant's respective rights and obligations—when the lease is silent—to make and pay for routine repairs and maintenance and to insure against, pay for and rebuild after catastrophic damage. It considers the differing practical concerns of retail, office and industrial landlords and tenants within single tenant, multi-tenant and multi-use developments. And it offers a tool kit of drafting suggestions and sample forms to fix some of the defects in the repair, casualty and insurance provisions in different types of commercial leases.

Thomas M. Whelan, McGuire, Craddock & Strother, P.C. - Dallas, TX

4:15 pm

0.50 hr

Using the Other Party's Liability Insurance: Additional Insured Endorsements, Contractual Liability Provisions and Insurance Certificates

An analysis of lease drafting techniques available to landlords and tenants for utilizing the other party's liability insurance coverage to cover indemnity provisions and for evidencing that insurance coverage exists.

Aaron Johnston Jr., Attorney at Law - Dallas, TX

4:45 pm

0.33 hr
0.25 hr ethics

Pro Bono Opportunities

Discussion of the ongoing need for attorneys to lend a helping hand to those who cannot afford legal services through pro bono participation. Find out how you can volunteer and gain experience while strengthening community and helping others.

In Dallas:
Frances Leos Martinez, Texas C-Bar - Austin, TX
In Austin:
Dorothy Ann (D'Ann) Johnson, Texas C-Bar - Austin, TX

5:05 pm

0.50 hr

Leasing Case Law Update

A review of recent cases related to landlord and tenant issues.

David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX

5:35 pm
Adjourn

Faculty

Conference Faculty

Brooke Armstrong
Jones Lang LaSalle Americas, Inc.
Dallas, TX
Candace S. Baggett
The Calibre Group, Inc.
Houston, TX
Robert Harms Bliss
Attorney at Law
Dallas, TX
Russell D. Cosby
Jones Lang LaSalle Americas, Inc.
Dallas, TX
Ronnie Deyo
Jones Lang LaSalle Americas, Inc.
Houston, TX
Douglas R. Dierking
University of Texas McCombs School of Business
Austin, TX
T. Andrew Dow
Winstead PC
Dallas, TX
K. Gregory Erwin
Winstead PC
Houston, TX
Kris Hopson
CBRE, Inc.
Dallas, TX
Dorothy Ann (D'Ann) Johnson
Texas C-Bar
Austin, TX
Aaron Johnston Jr.
Attorney at Law
Dallas, TX
Jeanne Marie Caruselle Katz
Winstead PC
Dallas, TX
Ronnie T. Martin
Colvill Office Properties
Houston, TX
Frances Leos Martinez
Texas C-Bar
Austin, TX
Amy Maislin Mitchell
Fulbright & Jaworski L.L.P.
Austin, TX
Kent Newsome
Greenberg Traurig, LLP
Houston, TX
Kurt Nondorf
Jackson Walker L.L.P.
Houston, TX
Jeff Pace
Jones Lang LaSalle Americas, Inc.
Austin, TX
Elysia Holt Ragusa
Jones Lang LaSalle Americas, Inc.
Austin, TX
Travis James Siebeneicher
Fulbright & Jaworski L.L.P.
Austin, TX
Jim Swanson
SDI Architects, LLC
Jersey Village, TX
Justin V. Switzer
Moody Law Group, PLLC
Houston, TX
David A. Weatherbie
Cramer Weatherbie Richardson Walker LLP
Dallas, TX
Philip D. Weller
DLA Piper US LLP
Dallas, TX
Thomas M. Whelan
McGuire, Craddock & Strother, P.C.
Dallas, TX
Michelle Wogan
Transwestern
Houston, TX

Planning Committee

Robert Harms Bliss—Co-Chair
Attorney at Law
Dallas, TX
Aaron Johnston Jr.—Co-Chair
Attorney at Law
Dallas, TX
Candace S. Baggett
The Calibre Group, Inc.
Houston, TX
J. Cary Barton
Barton, East & Caldwell, P.L.L.C.
San Antonio, TX
T. Andrew Dow
Winstead PC
Dallas, TX
K. Gregory Erwin
Winstead PC
Houston, TX
Robert D. McTaggart
Robert D. McTaggart, P.C.
Dallas, TX
Janna R. Melton
Attorney at Law
Austin, TX
Richard L. Spencer
Johnson Deluca Kurisky & Gould, P.C.
Houston, TX
Harriet Anne Tabb
McGuire, Craddock & Strother P.C.
Dallas, TX
Michelle M. Turner
The University of Texas School of Law
Austin, TX
Ed Walts
The University of Texas System
Austin, TX
David A. Weatherbie
Cramer Weatherbie Richardson Walker LLP
Dallas, TX
Philip D. Weller
DLA Piper US LLP
Dallas, TX
Thomas M. Whelan
McGuire, Craddock & Strother, P.C.
Dallas, TX
Credit Information

MCLE Credit

Texas
8.00 hrs  |  1.00 hrs Ethics
Legal Specialization(s): Consumer and Commercial Law, Real Estate Law
Reporting Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.
California
8.00 hrs  |  1.00 hrs Ethics
Reporting Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.
Other States
Many jurisdictions accept conferences offered by The University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your jurisdiction's regulatory authority. A Certificate of Attendance and credit reporting documentation will be provided at the conference.

Other Credit

Appraiser CE (ACE)
8.00 hrs
Insurance (CE)
Real Estate MCE (TREC)
8.00 hrs
TX Accounting CPE
9.50 hrs
Key Dates

Dallas

  • Last day for Standard Registration early registration: Sep 28, 2012
    Add $50 for registrations received after this time
  • Last day for full refund: Sep 28, 2012
  • Last day for partial refunds: Oct 1, 2012
    $50 processing fee applied

Austin

  • Last day for Standard Registration early registration: Oct 17, 2012
    Add $50 for registrations received after this time
  • Last day for full refund: Oct 19, 2012
  • Last day for partial refunds: Oct 22, 2012
    $50 processing fee applied

Hotel / Venue

Dallas

Belo Mansion

2101 Ross Avenue
Dallas, TX
214-220-0239

Parking Information

$4 per day for Dallas Bar Members; $10 per day for Non-Dallas Bar members (subject to availability)

Austin

Four Seasons Hotel

98 San Jacinto
Austin, TX
512-685-8100
map

Accommodations

$245.00 good through Sep 23, 2012

Parking Information

Valet parking for $16 during the day of the event and $32.50 for overnight use. Limited self-parking is available for $12 during the day of the event.