Training Course Syllabus:

Contracts, Government Approvals, Financing, Construction and More

Knowing how to guide your clients through the major milestones of a project is vital to building a lucrative real estate development law practice. Join our experienced faculty as they walk you through the development process with real-world insights, practical tips and resources. From contracts and due diligence to construction and more, gain the skills you need to keep the project moving, safeguard clients from risk, and save them time and money. Help bring clients' visions to life - register today!

• Gain tips on negotiating a variety of contracts, from purchase agreements to construction contracts and leases.
• Use due diligence to spot (and protect clients from) title, environmental and other concerns.
• Learn how to work with local government to get the necessary development permits and approvals.
• Find out how to create easements or deal with property rights that can hinder development.
• Structure businesses to enhance profits, limit liability for project risks and allow for flexibility.
• Capitalize on incentive programs and private financing opportunities for development projects.
• Ensure the construction stage goes smoothly and minimize clients' exposure to risks.
• Receive practical advice for avoiding conflicts of interest and other ethical issues.

1. Drafting/Negotiating Transactional and Construction Documents (w/Samples)
   9:00 - 9:45, Written by Elizabeth C. Sauer. Presented by S. Madison Roberts IV in Memphis and Elizabeth C. Sauer in Nashville.
   1. Letter of Intent
   2. Purchase Agreements
   3. Option Agreements
   4. Sample Land Acquisition Closing Checklist
   5. Ground Leases
   6. Real Estate Joint Venture Agreements
   7. Construction and Design Agreements
   8. Pre-Leasing and Leasing the Development
2. Conducting Title and Other Due Diligence
   9:45 - 10:30, Written by Casey N. Miley. Presented by Brad Jones in Memphis and Casey N. Miley in Nashville.
   1. Practical Tips for Title Review
   2. Reading Surveys
   3. Finding and Addressing Environmental Issues
   4. Conducting Land Use and Other Due Diligence
3. Working with the Community and State/Local Government Agencies and Boards
   10:45 - 11:30, Written by John R. Anderson. Presented by Richard L. Winchester Jr. in Memphis and John R. Anderson in Nashville.
   1. Gaining Community Support for the Project
   2. Public-Private Partnerships and Development Agreements
   3. Dealing with Planning Commissions, Subdivision Regulations, Zoning Ordinances, Design Standards and Building Permits
   4. Researching Board Size and Quorums
   5. Presentation Pointers
   6. Creating a Record
   7. Appealing/Challenging Adverse Decisions
   8. Roles of a Lawyer on the Project Team
   9. Traps for the Unwary
4. Handling Easements and Restrictive Covenants in the Development Context
   11:30 - 12:15, Written and Presented by Marcy S. Shelton in Memphis and Nashville.
   1. Determining if Easements/Other Property Rights are Needed
   2. Easement vs. Covenant vs. Lease vs. License
   3. Locating Existing Easements and Spotting Discrepancies
   4. Creating Easements and Other Servitudes (w/Sample Documents)
   5. Terminating or Modifying Easements (w/Sample Documents)
   6. Dealing with Restrictive Covenants That Impede Development
5. Using Business Entities for Real Estate Development: LLC vs. Corp vs. Partnership
   1:15 - 2:00, Written by John R. Anderson. Presented by Stephen C. Barton in Memphis and John R. Anderson in Nashville.
   1. Selecting the Right Business Entity
      1. Tax Considerations Based on Choice of Entity
      2. Liability and Other Non-Tax Differences
      3. Entities Best for Different Types of Developments (and Why)
   2. Drafting the Governing Documents and Designing Proper Exit Strategies
6. Obtaining Financing for Real Estate Developments
   2:00 - 2:45, Written by Elizabeth C. Sauer. Presented by S. Madison Roberts IV in Memphis and Elizabeth C. Sauer in Nashville.
   1. Securing Tax Increment Financing and Other Development Incentives
   2. Financing Options: Pros, Cons and Making the Right Choice
   3. Negotiating Key Loan Terms
      1. Interest and Principal Payments
      2. Recourse vs. Non-Recourse
      3. Guarantees
      4. Representations and Warranties
      5. Default and Remedies
      6. Indemnification, Insurance and Other Key Provisions
      7. Legal Opinions
      8. Capping Costs to Borrowers
   4. Obtaining Construction Financing
   5. Real Estate Loan Documentation (w/Sample Forms and Documents)
7. Managing Risk and Avoiding Pitfalls in Construction Development and Management
   3:00 - 3:30, Written by John R. Anderson. Presented by Stephen C. Barton in Memphis and John R. Anderson in Nashville.
8. Applying Legal Ethics Guidelines
   3:30 - 4:30, Written and Presented by Marcy S. Shelton in Memphis and Nashville.
   1. Attorneys' Fees; Using Contingency or Success Fees
   2. Managing/Avoiding Conflicts of Interest
   3. Preserving Confidentiality
   4. Duties of Competence and Diligence

Agendas and Speakers may differ slightly depending on the location. Please e-mail or call a representative to obtain an agenda for a particular location.

Seminar Summary:

From contracts and due diligence to construction and more, gain the skills you need to keep the project moving, safeguard clients from risk, and save them time and money. (see full course description)

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