29th Annual Real Estate Symposium CLE

29th Annual Real Estate Symposium

July 2011

29^th Annual Real Estate Symposium -

Online registration is no longer available for this conference. But don't worry - we can accommodate walk-in registrations at the conference. Don't have a hotel reservation yet? The Vail Marriott room block is full. Please see http://annualcle.com/realestatesymposium/ for information on other accommodations in Vail near the Marriott that have been arranged for the conference. Hope to see you in Vail!

Program Description

It's finally here … the 29^th Annual Real Estate Symposium!

Fresh topics, fresh mountain air, and fresh ideas await you.

The Symposium has become the annual gathering place for the Colorado real estate community. Talk with past Symposium Chairs, Real Estate Section Council members present and past, and listen to some of the most knowledgeable and experienced real estate professionals in the region, who will come prepared to give you the strategies and information most relevant to your work:

- Colorado Limited Liability Entities: Qualities, Quirks and Queries

- Legislative Update

- A Tour of Recent Case Law

- Panel Presentation on Advanced Issues in Distressed Real Estate

- Recent Trends and Developments in Eminent Domain

- Understanding Government Land Patents

- Conservations Easements-Lessons Learned and What's Ahead

- The Seven Deadly Sins of Boilerplate

- Rooftop Leases: Are Those Things Overhead Storm Clouds, or Do They Have Silver Linings?

- The Icarus Solar Project: Public (and Private) Land Issue Impacts

- Legal Ethics in the Movies: Real Estate Attorneys and Popular Culture

- Featuring “The 10-Minute Drill: A Fast Paced Informative Presentation of Hot Topics!

- … and an optional lunch presentation on: Internet Presence-What Does It Mean and How Can It Drive Business into Your Firm?

Activities abound in Vail in the summertime, where you'll find some of the best hiking, cycling and golf in the world.

Also enjoy the amenities at the Vail Marriott Mountain Spa & Resort, where you'll take in majestic views surrounded by the luxury, charm and elegance of a European Chateau-complete with rich wood accents, cozy rooms, heated pools, and a quaint spa. Discover for the first time, or rediscover, why there's no place like Vail.

See old friends … make new connections … this is one Symposium you won't soon forget.

Register today!

Agenda

Thursday, July 14, 2011

12:00 pm

Registration Open

1:15 pm

Opening Remarks

Delivered by Thomas L. DeVine, Esq., Program Chair, Faegre & Benson LLP, Denver, CO

1:30 pm - 2:20 pm

Colorado Limited Liability Entities: Qualities, Quirks & Queries

Unique Aspects of Colorado GPs, LLCs, LPs, LLPs, LLLPs and LPAs; Frequently Asked Questions; Open Issues and Perceived Problems in Title 7

Presented by Beat Steiner, Esq., Holland & Hart, LLP, Denver, CO

2:20 pm - 3:10 pm

2011 Legislative Update

Discussion of new legislation affecting the practice of Colorado real estate lawyers and updates on other legislative topics, including:

- Transfer Fees

- Open Public Records vs. Personal Privacy Requirements

- Mechanics' Liens, Foreclosures and Debt Collection

Presented by Randall G. Alt, Esq., Ryley Carlock & Applewhite, PC, Denver, CO

3:10 pm - 3:30 pm

Networking Break

3:30 pm - 4:45 pm

The 10-Minute Drill-An Accelerated Review of Some Land Mines and New Developments in Your Clients' Path

Moderated by Marcus Painter, Esq., Holland & Hart, LLP, Denver, CO

To Serve or Not to Serve-Limited Service Brokerage and Sale Lease Back Transactions

Presented by Kristin Bronson, Esq., Rothgerber Johnson & Lyons, LLP, and Colorado Real Estate Commission, Denver, CO

Whose Lien is First-Super Liens of Colorado HOAs or Liens of First Mortgagees?

Presented by Jerry Orten, Esq., Orten, Cavanagh, Richmond & Holmes, LLC, Denver, CO

Limited and Springing Recourse Guarantees-Beyond Blue Hills and Other Traps

Presented by Christopher W. Payne, Esq., Ballard Spahr, LLP, Denver, CO

New and Improved 2012 CREC Forms

Presented by Kent Levine, Esq., Kent Jay Levine, PC, Englewood, CO, and Colorado Real Estate Commission Forms Committee, Denver, CO

Lease Underwriting in an Uncertain Economy-How to Protect Yourself Against a Deadbeat Tenant or a Failing Landlord

Presented by Catherine A. Hance, Esq., Davis, Graham & Stubbs, LLP, Denver, CO

Involuntary Springing LLCs and Other Traps for Unwary Developers in Construction Defect Claims

Presented by Brad Peterson, Esq., Hutchinson Black and Cook, LLC, Boulder, CO

GHG, BAT, EPA and other TLAs-How Painful Will EPA's Commercial Building Regulation of Greenhouse Gases Get?

Presented by Marcus Painter, Esq., Holland & Hart, LLP, Denver, CO

4:45 pm

Adjourn

4:45 pm - 6:30 pm

Annual Wine Tasting Reception

Friday, July 15, 2011

7:30 am

Registration Open

7:30 am

Continental Breakfast

8:20 am - 9:20 am

A Tour of Our Case Law for 2010 and 2011 to Date

See the latest interpretation of tricky parts of the statutory rule against perpetuities, and tackle some good questions:

- Arbitration Clauses-Why so Much Litigation?

- Closing the Chapter on the Equitable Subrogation Cycle

- Expanding Liability for Disbursers Under the Trust Fund Statute

- Attorney Fee Provisions in Retainer Agreements

Presented by Frederick B. Skillern, Esq., Montgomery Little & Soran, PC, Greenwood Village, CO

9:20 am - 10:10 am

Not Our First Rodeo: Advanced Issues in Distressed Real Estate 2011

- What is Really Going on in Real Estate Today?

- Approaches to Commercial Loan Workouts That Work

- Who the Lender is Makes a Difference

- Really! Residential Workouts and Foreclosure Issues

- The Why, How, and If of Receiver Sales

- Current Bankruptcy Concerns; Section 363 Sales; Springing Bad Boy Guaranties; Bankruptcy/Receivership Interplay

- Foreclosure and CIOA Super Liens

- Public Trustee Foreclosures 3.0-New Issues, Legislation, and Practices

- Deed-in-a-Drawer? Why Not?

Moderator: Robert L. Brown, Esq., Sherman & Howard, LLC, Denver, CO

Also Featuring:

Mark L. Fulford, Esq., Sherman & Howard, LLC, Denver, CO

Richard H. Krohn, Esq., Dufford, Waldeck, Milburg & Krohn, LLP, Grand Junction, CO

Andrew S. Miller, Managing Principal, Miller Frishman Group, Denver, CO

Mary Lou Raders, Esq., Kutak Rock, LLP, Denver, CO

Deanne Stodden, Esq., Castle & Stawiarski, LLC, Denver, CO

10:10 am - 10:30 am

Networking Break

10:30 am - 11:20 am

Not Our First Rodeo: Advanced Issues in Distressed Real Estate 2011 (Continued)

11:20 am - 12:10 pm

Eminent Domain Update-Recent Trends and Developments

- Exercising Eminent Domain Powers in a Post-Kelo World

- How Economic Pressures Have Impacted Eminent Domain Powers

- Legislative and Case Law Developments

Presented by Leslie A. Fields, Esq., Faegre & Benson, LLP, Denver, CO

12:10 pm - 1:30 pm

Lunch on Your Own in Vail OR...

12:10 - 1:30 pm Lunch and Networking with Colleagues plus a Special Presentation with ($15 for box lunch)

Internet Presence-What Does It Mean and How Can It Drive Business into Your Firm?

- Look, Feel and Convert-How Your Site Should be Set up to Work for Your Firm

- Search Engine Marketing-What is It and How Will It Generate Cases Inquiries?

- Organic

- Pay-Per-Click

- Feeding Frequency into Your Social Networks-Social Media is Here: How Can You Employ It to Generate Contact

- Blogging

- LinkedIn and Facebook

Presented by Amber Vincent, Online Strategy Manager, Alyn-Weiss & Associates Inc., Lakewood, CO, and Jason Brigham, Vice President of Sales and Operations, Best Rank, San Diego, CA

No CLE credit is offered for this session.

1:30 pm - 2:20 pm

Understanding Government Land Patents

- Sovereign grants, bounties, preemption sales and settlement rewards

- What do the title insurers insure? What can you do about it?

- Should you bother to get copies, and if so, where?

- And, of course, some history

Presented by Willis V. Carpenter, Esq., Carpenter & Klatskin, PC, Denver, CO

2:20 pm - 3:10 pm

Conservation Easements-Lessons Learned and What's Ahead

Conservation Easements remain the preeminent tool for preserving Colorado's very special places and parcels. Although the easement donation began with pure green intention, they have becaome a prime target for federal and state challenge. Through many audits, donors have learned valuable lessons.

- Preserving habitat and the donor's income tax deductions and state tax credit

- "Qualified Appraisal" requirements

- Case Study - The Conservation Easement Case

- Federal Tax Court Trial

- Colorado Administrative Hearing (Colorado Department of Revenue)

- Defensive Drafting of the Conservation Easement Deed

- Retained Rights and Building Envelopes

- Perpetuity Requirement

- Mineral Interests

Presented by James Walker, Esq., Justin Cumming, Esq., and Nicole R. Nies, Esq., Rothgerber, Johnson & Lyons, LLP, Denver, CO

3:10 pm - 3:30 pm

Networking Break

3:30 pm - 4:20 pm

The Seven Deadly Sins of Boilerplate

Learn about some of the dangers that may be lurking in the boilerplate that is all too often pasted in at the last minute:

- Clients might be on the hook for a big bundle and never know about it

- One commonly used contract phrase can destroy a lot of carefully drafted protection

- If one phrase is missing, a client might have to pay full price and get nothing in return

Presented by D. Hull Youngblood, Jr., Esq., Youngblood & Associates, PC, Austin, TX

4:20 pm

Adjourn

4:20 pm - 5:45 pm

Annual Cocktail Reception

Saturday, July 16, 2011

7:30 am

Registration Open

7:30 am

Continental Breakfast

8:30 am - 9:20 am

Rooftop Leases: Are Those Things Overhead Storm Clouds, or Do They Have Silver Linings?

- Blue Skies and Silver (or Gold) Linings

- Effect on Property Values and NOI

- Limited Maintenance

- Limited Tenant Services

- Storm Clouds

- Protecting the Roof over Your Head

- Look out Below - There She Blows/Liability Issues

- Roof Replacement/Repairs/Renovation

- Threatening Clouds on the Horizon

- Interference and Co-Location

- Relocation

- Tenant Access

- Building Office Tenant Needs for Roof Space

- Lease Expiration/Termination/Perpetual

- EMR and Other Hazards

- Master Leases/Wireless & Energy Rooftop Management Firms

- Location, Location, Location

Presented by James G. Benjamin, Esq., Benjamin, Bain, Howard & Cohen, LLC, Greenwood Village, CO

9:20 am - 10:10 am

The Icarus Solar Project: Public (and Private) Land Issue Impacts

Dealing with NEPA, Wildlife Concerns, Cultural and Tribal Resources and Permits and Entitlements for Projects Involving Public Lands

Presented by Barbara J. Mueller, Esq., Davis Graham & Stubbs, LLP, Denver, CO, and Constance L. Rogers, Esq., Davis Graham & Stubbs, LLP, Denver, CO, former Deputy Solicitor for Energy and Mineral Resources, U.S. Department of the Interior

10:10 am - 10:30 am

Networking Break

10:30 am - 12:20 pm

Legal Ethics in the Movies: Real Estate Attorneys and Popular Culture

The presentation will explore legal ethics issues common in the practice of real estate attorneys as well as their depiction in popular culture.

Presented by Eli Wald, Esq., Charles W. Delaney Jr. Associate Professor of Law

University Of Denver Sturm College of Law, Denver, CO

12:20 pm

Adjourn

1:00 pm

Annual Golf Outing at the Vail Golf Club (sign up on registration form)

Program Chair

Thomas L. DeVine, Esq.

Faegre & Benson, LLP

Denver, CO

Faculty

Randall G. Alt, Esq.

Ryley Carlock & Applewhite, PC

Denver, CO

James G. Benjamin, Esq.

Benjamin, Bain, Howard & Cohen, LLC

Greenwood Village, CO

Jason Brigham, Vice President of Sales and Operations

Best Rank, Inc.

San Diego, CA

Kristin Bronson, Esq.

Rothgerber, Johnson & Lyons, LLP

Denver, CO

Robert L. Brown, Esq.

Sherman & Howard, LLC

Denver, CO

Willis V. Carpenter, Esq.

Carpenter & Klatskin, PC

Denver, CO

Justin Cumming, Esq.

Rothgerber, Johnson & Lyons, LLP

Denver, CO

Leslie A. Fields, Esq.

Faegre & Benson, LLP

Denver, CO

Mark L. Fulford, Esq.

Sherman & Howard, LLC
Denver, CO

Catherine A. Hance, Esq.

Davis Graham & Stubbs, LLP

Denver, CO

Richard H. Krohn, Esq.

Dufford Waldeck Milburn & Krohn, LLP

Grand Junction, CO

Kent Jay Levine, Esq.

Kent Jay Levine, PC

Englewood, CO

Andrew S. Miller, Managing Principal

Miller Frishman Group

Denver, CO

Barbara J. Mueller, Esq.

Davis Graham & Stubbs, LLP

Denver, CO

Nicole R. Nies, Esq.
Rothgerber, Johnson & Lyons, LLP

Denver, CO

Jerry Orten, Esq.

Orten, Cavanagh, Richmond & Holmes, LLC

Denver, CO

Marcus Painter, Esq.

Holland & Hart, LLP

Boulder, CO

Christopher W. Payne, Esq.

Ballard Spahr, LLP

Denver, CO

Brad Peterson, Esq.

Hutchinson, Black and Cook, LLC

Boulder, CO

Mary Lou Raders, Esq.

Kutak Rock, LLP

Denver, CO

Constance L. Rogers, Esq.

Davis Graham & Stubbs, LLP

Denver, CO

Frederick B. Skillern, Esq.

Montgomery Little & Soran, PC

Greenwood Village, CO

Beat U. Steiner, Esq.

Holland & Hart, LLP

Boulder, CO

Deanne Stodden, Esq.

Castle Stawiarski, LLP

Denver, CO

Eli Wald, Esq., Charles W. Delaney Jr. Associate Professor of Law

University of Denver Sturm College of Law

Denver, CO

Amber Vincent, Online Strategy Manager

Alyn Weiss & Associates, Inc.

Lakewood, CO

D. Hull Youngblood, Jr., Esq.

Youngblood & Associates, PC

Austin, TX

James Walker, Esq.

Rothgerber, Johnson & Lyons, LLP

Denver, CO

Program Sponsors

Platinum Program Sponsors:

The Real Estate Section of the Colorado Bar Association

Gold Program Sponsors:

Attorneys Title Guaranty Fund, Inc.

Cordes & Company

Fidelity National Title Insurance Co.

LexisNexis

Silver Program Sponsors:

1031 Corporation Exchange Professionals

First American Title Insurance Co.

Heritage Title Company / Commonwealth Land Title Insurance Company

JAMS

Marsh Affinity Group Services

Stewart Title Guaranty Company

Bronze Program Sponsors:

ABA Retirement Funds

Bradford Publishing

Chicago Title

FindLaw

Land Title Guarantee

Montegra Capital Resources

Sponsorship opportunities are still available! For more information, please contact Mary Dilworth at [email protected].

THANK YOU to all of our sponsors for their continuous support of the Annual Real Estate Symposium!

Real Estate Symposium Headquarters

Vail Marriott Mountain Resort & Spa

715 West Lionshead Circle

Vail, CO 81657

Lodging

Cut-off for room reservations is July 1, 2011. Rooms will sell-out fast! Make your reservation early!

CLE has reserved a block of rooms* for guests of the Symposium at the Vail Marriott Mountain Resort & Spa. Standard room rates start at $159 plus applicable taxes.

When making your reservation, in order to receive the group room rate, please indicate that you are a guest of the Colorado Bar Association Real Estate Symposium. Reservations will be accepted by phone at 800-266-9432.

A deposit equal to one night of lodging plus tax is due at time of booking. The balance is due at check-in. Cancellations made after July 1, 2011, will forfeit the deposit of one night room and tax. No-shows will be charged one night's room and tax and will be cancelled for all remaining reserved nights. Early departures will forfeit one night's room and tax charges.