HEREL 2008 Agenda

8:00-9:00 a.m.

Arrival, registration and continental breakfast

9:00-9:15 a.m.

Welcome

9:15-10:45 a.m.

Practical Negotiation Skills

Gaylen Paulson, U. T. Austin, McCombs School of Business

This session will combine simulated negotiation sessions, discussions and problem solving through case studies to enable participants to practice and receive feedback using a skill based approach to negotiation, to practice creative ideas for resolving an impasse, to better plan for the negotiation process, and to direct the flow of the negotiation process.  The speaker has conducted executive training sessions for a wide variety of business organizations and has been recognized with numerous teaching awards.

10:45-11:00 a.m.

Break

11:00–12:00 p.m.

Hotels and Conference Centers: Legal and Business Structures of Hotel Developments
Michael Csar, Drinker Biddle & Reath LLP

This session will focus on basic legal and business structures of hotel developments, including owner/developer and ground lease structures; provide an overview of development financing considerations; and review the key considerations in hotel operating, management and franchise agreements and the balancing of the long term interests of the property owner and the business needs of the hotel operator/manager.  Michael Csar is a partner in the Real Estate Practice Group of Drinker Biddle & Reath LLP. He has 30 years of experience in the structuring and financing of real estate transactions, including ventures that bring together not for profit institutions and for profit developers and operators.      

12:00–12:30 p.m.

Break to go through buffet lunch line (included in registration fee)

12:30–1:30 p.m.

Lunch Session:  Hotels and Conference Centers on the University Campus: Case Studies

Marla Martinez, The University of Texas at Austin, Associate Vice President, Employee and Campus Services
Nancy Kossan, University of California, San Diego, Assistant Vice Chancellor, Real Estate

Moderator:  Nick Hadgis, Widener University, Dean, School of Hospitality Management

This session will be a moderated discussion of two approaches to hotels and conference centers on university campuses.  The University of California, San Diego ground leased land to Destination Development Corporation, a subsidiary of Lowe Enterprises, for development, ownership, and operation of a hotel conference center on the west side of the La Jolla campus.   The University of Texas at Austin constructed and owns the just opened AT&T Executive Education and Conference Center and contracted with FLIK International Corp./Compass Group to provide professional hotel management services. Topics to be covered will include the basic structures of the projects, financing issues (including tax exempt bonds), property tax issues, leasing and management agreements, and corporate donation issues.

1:30–1:45 p.m.

Break

1:45 – 3:15 p.m.

Property and Liability Insurance and Indemnity in Real Estate

Transactions

Aaron Johnston, Munsch Hardt Kopf & Harr PC

This session will cover the essentials of property and liability insurance, types of forms and coverages, and indemnity and waiver provisions, and will include practical suggestions as to which coverages to require in different types of real estate transactions.  The speaker is a frequent presenter at continuing legal education sessions nationally on the topics of insurance and indemnities. His presentations are in plain English (not insurance jargon), debunk insurance myths, and expose incorrect insurance terminology frequently encountered in real estate contracts.

3:15 – 3:30 p.m.

Break

3:30 – 5:15 p.m.

Tours of the AT&T Executive Education and Conference Center, the UT Austin Tower, and the new north end and suites of the UT Austin Darrell K. Royal - Texas Memorial Stadium

Get an insider’s view of the new AT&T Executive Education and Conference Center, with its state of the art technical facilities, take in a panoramic view of Austin from the observation deck of the 307-foot UT Austin tower built in 1937, and tour the brand new extension and stadium suites of the north end of the Darrell K. Royal – Texas Memorial Stadium that bring the seating capacity to 90,000.

5:15-6:15 p.m.

Free time and time to travel (on your own) to Guero’s Taco Bar

6:15 – 8:30 p.m.

HEREL Dinner – Guero’s Taco Bar (included in registration fee)

This uniquely Austin restaurant is located in a 100-year old former feed store in the hot SoCo (South Congress Avenue) district.  The eatery is known for its excellent interior Mexican food and margaritas, served in a casual, lively setting.  Just three miles from the UT Austin campus, Guero’s is located in an area of eclectic, intriguing, local shops along South Congress Avenue.

8:00-9:00 a.m.

Continental breakfast and HEREL business meeting

9:00-10:30 a.m.

The New Contract Documents and Integrated Project Delivery Documents from AIA and ConsensusDOCS

Greg Faulkner and Marty Onorato, Thelen Reid Brown Raysman & Steiner LLP

This presentation will cover the highlights of modified contract forms released in 2007 by AIA, and contrast them with the new competitor forms released contemporaneously under the name of ConsensusDOCS. It will also cover both groups’ efforts in 2008 to craft contracts conducive to a new, technology-driven form of project delivery known as “integrated project delivery.”  The speakers are frequent presenters on construction documents at continuing legal education seminars nationally.

10:30-10:45 a.m.

Break

10:45–12:15 p.m.

Development Agreements in Ground Lease Transactions with Private Developers

Paul Sehnert, Director of Real Estate Development, University of Pennsylvania, and

David B. Gifford, Partner, Ballard Spahr Andrews & Ingersoll, LLP

This session will consider options for the control of private development of university-owned lands, and will explore the relationship between two of the documents frequently used in university-private developer transactions - the ground lease and the project development agreement.  The speakers have extensive experience structuring, drafting and negotiating these key documents, and will offer suggestions for achieving solutions that balance the parties’ competing interests and promote successful development.

12:15–1:15 p.m.

Lunch – Tejas Dining Room of the AT&T Executive Education and Conference Center (included in registration fee)

1:15–2:45 p.m.

Breakout Sessions for Roundtable Discussions (choose one):

1. Faculty and Staff Housing – Moderator: Jeff Potter, Director, Real Estate, Duke University

2. Tax Exempt Bonds, Private Use, and Debt Capacity – Moderator: Steve Gerdes, Vinson & Elkins LLP

These breakout sessions will afford attendees with the opportunity to discuss and share insights and experiences.  The sessions will be led by moderators who will introduce the topic and basic issues and then facilitate the group discussion.

2:45–3:00 p.m.

Wrap Up and Feedback

3:00 p.m.

Adjourn