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REGISTER ONLINE! Go to www.realestatesymposium.

org

REAL ESTATE SYMPOSIUM


Sponsored by the Real Estate Section of the Colorado Bar Association

29TH ANNUAL

LIVE O

LIVE ONLY: JULY 14-16, 2011


AT THE VAIL MARRIOTT MOUNTAIN RESORT & SPA VAIL, CO

The Symposium will be submitted for 15 General Credits, including 2.2 Ethics Credits, to the Colorado Supreme Court Board for Continuing Legal & Judicial Education.
Real Estate Credits: The Symposium will be submitted for 15 hours of credit for real estate continuing education requirements under CRS 12-61-110.5(3).

Colorado s Foremos Real Est t a Confere te nce!

IN VAIL, C LY O N

RADO RADO RADO LO LO LO

Its finally here


TH

THE 29 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: I Colorado Limited Liability Entities: Qualities, Quirks and Queries I Legislative Update I A Tour of Recent Case Law I Panel Presentation on Advanced Issues in Distressed Real Estate I Recent Trends and Developments in Eminent Domain I Understanding Government Land Patents I Conservations Easements Lessons Learned and Whats Ahead I The Seven Deadly Sins of Boilerplate I Rooftop Leases: Are Those Things Overhead Storm Clouds, or Do They Have Silver Linings? I The Icarus Solar Project: Public (and Private) Land Issue Impacts I Legal Ethics in the Movies: Real Estate Attorneys and Popular Culture I 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?

THE 2011 SYMPOSIUM SPONSORS:


Confirmed at the Time of Printing:

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: Bradford Publishing Chicago Title FindLaw Land Title Guarantee

Activities abound in Vail in the summertime, where youll find some of the best hiking, cycling and golf in the world.
Also enjoy the amenities at the Vail Marriott Mountain Spa & Resort, where youll 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 theres no place like Vail.

SEE OLD FRIENDS MAKE NEW CONNECTIONS THIS IS ONE SYMPOSIUM YOU WONT SOON FORGET. REGISTER ONLINE! Go to www.realestatesymposium.org

Sponsorship opportunities are still available! For more information, please contact Nicoll Stapleton at 303.824.5356 or email her at nstapleton@cobar.org

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

SYMPOSIUM AGENDA DAY 1 THURSDAY, JULY 14, 2011


12:00 pm 1:15 pm 1:30 - 2:20 pm Registration Open Opening Remarks Delivered by Thomas L. DeVine, Esq., Program Chair, Faegre & Benson LLP, Denver, CO Colorado Limited Liability Entities: Qualities, Quirks & Queries Unique Aspects of Colorado GPs, LLCs, LPs, LLPs, LLLPs and LPAs; FAQs; Open Issues and Perceived Problems in Title 7 Presented by Beat Steiner, Esq., Holland & Hart, LLP, Denver, CO 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 Networking Break 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 EPAs Commercial Building Regulation of Greenhouse Gases Get? Presented by Marcus Painter, Esq., Holland & Hart, LLP, Denver, CO Adjourn Annual Wine Tasting Reception

2:20 - 3:10 pm

3:10 - 3:30 pm 3:30 - 4:45 pm

4:45 pm 4:45 - 6:30 pm

SYMPOSIUM AGENDA DAY 2 FRIDAY, JULY 15, 2011


7:30 am 7:30 am 8:20 - 9:20 am Registration Open Continental Breakfast 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 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

9:20 - 10:10 am

continued on next page

SYMPOSIUM AGENDA DAY 2 FRIDAY, JULY 15, 2011


9:20 - 10:10 am
continued

continued

Not Our First Rodeo: Advanced Issues in Distressed Real Estate 2011 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 Networking Break Not Our First Rodeo: Advanced Issues in Distressed Real Estate 2011 continued Eminent Domain Update Recent Trends and Developments Exercising Eminent Domain Powers in a Post-Kelo World How Economic Pressures Have Impacted Eminent Domain Power Legislative and Case Law Developments Presented by Leslie A. Fields, Esq., Faegre & Benson, LLP, Denver, CO Lunch on your Own OR Lunch and Networking with Colleagues PLUS a Bonus Presentation:

10:10 - 10:30 am 10:30 - 11:20 am 11:20 - 12:10 pm

12:10 - 1:30 pm 12:10 - 1:30 pm

OPTIONAL: Internet Presence What Does It Mean and How Can It Drive Business into Your Firm? No CLE credit is offered for this session. Look, Feel and Convert How Your Site Should be Set Up to Work for Your Firm Special Search Engine Marketing What is It and How Will It Generate Cases Inquiries? Presentation Organic (presentation Pay-Per-Click goes from 12:20 Feeding Frequency into Your Social Networks Social Media is Here: How Can You Employ It to Generate Contact 1:00 pm) with Blogging Box Lunch LinkedIn and Facebook
($15 for box lunch)

Presented by Amber Vincent, Online Strategy Manager, Alyn-Weiss & Associates, Inc., Lakewood, CO, and Jason Brigham, Vice President of Sales and Operations, Best Rank, Inc., San Diego, CA
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 Conservation Easements Lessons Learned and Whats 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 become 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 Networking Break

1:30 - 2:20 pm

2:20 - 3:10 pm

3:10 - 3:30 pm

SYMPOSIUM AGENDA DAY 2 FRIDAY, JULY 15, 2011

continued

3:30 - 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 Adjourn Annual Cocktail Reception

4:20 pm 4:20 - 5:45 pm

SYMPOSIUM AGENDA DAY 3 SATURDAY, JULY 16, 2011


7:30 am 7:30 am 8:30 - 9:20 am Registration Open Continental Breakfast 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 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 Networking Break 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 Adjourn Annual Golf Outing at the Vail Golf Club Sign up on the registration form or online

9:20 - 10:10 am

10:10 - 10:30 am 10:30 - 12:20 pm

12:20 pm 1:00 pm

REGISTER FOR THE REAL ESTATE SYMPOSIUM ONLINE! Go to www.realestatesymposium.org

29TH ANNUAL REAL ESTATE SYMPOSIUM FACULTY


PROGRAM CHAIR Thomas L. DeVine, Esq.
Faegre & Benson, LLP Denver, CO

Justin Cumming, Esq.


Rothgerber, Johnson & Lyons, LLP Denver, CO

Nicole R. Nies, Esq.


Rothgerber, Johnson & Lyons, LLP Denver, CO

Beat U. Steiner, Esq.


Holland & Hart, LLP Boulder, CO

Leslie A. Fields, Esq.


Faegre & Benson, LLP Denver, CO

Jerry Orten, Esq.


Orten, Cavanagh, Richmond & Holmes, LLC Denver, CO

Deanne Stodden, Esq.


Castle Stawiarski, LLP Denver, CO

FACULTY Randall G. Alt, Esq.


Ryley Carlock & Applewhite, PC Denver, CO

Mark L. Fulford, Esq.


Sherman & Howard, LLC Denver, CO

Eli Wald, Esq.


Charles W. Delaney Jr. Associate Professor of Law University of Denver Sturm College of Law Denver, CO

Marcus Painter, Esq.


Holland & Hart, LLP Boulder, CO

James G. Benjamin, Esq.


Benjamin, Bain, Howard & Cohen, LLC Greenwood Village, CO

Catherine A. Hance, Esq.


Davis Graham & Stubbs, LLP Denver, CO

Christopher W. Payne, Esq.


Ballard Spahr, LLP Denver, CO

Jason Brigham
Vice President of Sales and Operations Best Rank, Inc. San Diego, CA

Richard H. Krohn, Esq.


Dufford Waldeck Milburn & Krohn, LLP Grand Junction, CO

Amber Vincent
Online Strategy Manager Alyn Weiss & Associates, Inc. Lakewood, CO

Brad Peterson, Esq.


Hutchinson, Black and Cook, LLC Boulder, CO

Kristin Bronson, Esq.


Rothgerber, Johnson & Lyons, LLP Denver, CO

Kent Jay Levine, Esq.


Kent Jay Levine, PC Englewood, CO

Mary Lou Raders, Esq.


Kutak Rock, LLP Denver, CO

D. Hull Youngblood, Jr., Esq.


Youngblood & Associates, PC Austin, TX

Robert L. Brown, Esq.


Sherman & Howard, LLC Denver, CO

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

Constance L. Rogers, Esq.


Davis Graham & Stubbs, LLP Denver, CO

James Walker, Esq.


Rothgerber, Johnson & Lyons, LLP Denver, CO

Willis V. Carpenter, Esq.


Carpenter & Klatskin, PC Denver, CO

Barbara J. Mueller, Esq.


Davis Graham & Stubbs, LLP Denver, CO

Frederick B. Skillern, Esq.


Montgomery Little & Soran, PC Greenwood Village, CO

SYMPOSIUM LODGING INFORMATION

ADDITIONAL INFORMATION
TO REGISTER: You may register for the symposium online at www.realestatesymposium.org, or return the attached form with check or credit card information. Register by phone or fax with Visa, MasterCard, or Amex. Phone: (303) 860-0608. Toll Free (888) 860-2531. CANCELLATIONS: If you are unable to attend, please notify CBA-CLE by July 6, 2011 and we will gladly refund your tuition in full or transfer your tuition to the CD home study. Cancellations after July 6th will be refunded less a $50 cancellation fee. CREDITS: Submitted for 15 general credits, including 2.2 ethics credits, to the Colorado Supreme Court Board of Continuing Legal and Judicial Education. REAL ESTATE CREDITS: Submitted for 15 hours of credit for real estate continuing education requirements under CRS 12-61-110.5(3). SPECIAL NEEDS: If you need information regarding availability of special facilities please call (303) 860-0608 TAX DEDUCTION: An income tax deduction may be allowed for educational expenses, including registration, travel, meals, and lodging, if they improve or maintain professional skills in accordance with the limitations and requirements of the Internal Revenue Code of 1986.

DATES: JULY 14-16, 2011


REAL ESTATE SYMPOSIUM HEADQUARTERS:

Vail Marriott Mountain Resort & Spa


715 West Lionshead Circle Vail, CO 81657

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 nights room and tax and will be cancelled for all remaining reserved nights. Early departures will forfeit one nights room and tax charges.

29TH ANNUAL REAL ESTATE SYMPOSIUM - 4 EASY WAYS TO REGISTER ...


Register by PHONE... LIVE PROGRAM ORDER FORM
Symposium tuition includes course materials, admission to the entire program, admission to the Wine Tasting on Thursday, July 14, and the reception on Friday, July 15. An additional discount will be offered to attendees who elect to receive their materials digitally on FLASH DRIVE.
Tuition Enclosed For: Materials on FLASH DRIVE Paper Materials CBA Real Estate Section Member .......................................... J $359 ........................ J $409 CBA Member ................................................................................ J $379 ........................ J $429 Non-Member ................................................................................ J $409 ........................ J $459

when using VISA, MasterCard or Amex. (303) 860-0608 Toll-Free: (888) 860-2531

when using VISA, MasterCard or Amex. FAX to: (303) 860-0624

Or FAX form to...

LIVE PROGRAM ONLY: JULY 14-16, 2011 (RE071412L)

Or MAIL form to...


CLE in Colorado, 1900 Grant St., Suite 300 Denver, CO 80203-4303

ADDITIONAL EVENTS: Please check those events you plan to attend


Optional Attendee Luncheon (for attendees only - Please add $15 to your tuition) J Yes, I will attend the optional luncheon........................................................ $15 J No, I will not attend the optional luncheon J Thursday - Wine Reception (no charge for registered attendees) J Friday - Cocktail Reception (no charge for registered attendees) J Saturday - Annual Golf Outing (Please add $75 to your tuition) ................ $75 LIVE PROGRAM ORDER FORM SUB TOTAL $

when using VISA, MasterCard or Amex. Register @ www.realestatesymposium.org


Name(s) __________________________________________ __________________________________________ Attorney Reg. No. ___________________________________ ___________________________________ Firm/Organization ____________________________________________ E-Mail Address ______________________________________________________________ Street Address ______________________________________________________ City / State / Zip ______________________________________________ Telephone ( Fax ( ) ________________________________________ ) ______________________________________________________

Or Register ONLINE...

SYMPOSIUM GUEST ORDER FORM


Guests of the Symposium may purchase a Symposium Guest Pass, which will allow participants to partake in the Friday & Saturday breakfasts, the Thursday Wine Tasting, and the Friday Reception. Childrens passes (ages 10-17) for Friday and Saturday breakfasts are also available. Sorry, partial passes are not available.

Guest Passes will be available for pick-up at the Symposium registration desk.

J Symposium Guest Pass: $50 per guest x no. of guests: _________


Guest Name: _______________________________________________________ Guest Name: _______________________________________________________

J Symposium Childrens Pass: (ages 10-17): $25 per child x no. of children: _________
Childs Name: _______________________________________________________ Childs Name: _______________________________________________________ GUEST ORDER FORM SUB TOTAL $

PAYMENT METHOD:

J Enclosed is my check made payable to CBA-CLE J VISA J MasterCard J Amex


Credit Card # ________________________________________________ Exp. Date ____________________________________________________________ Signature __________________________________________________ __________________________________________________
Required for credit card orders
All registrations must include a check or charge card information. Mail to CLE, 1900 Grant St., Suite 300, Denver, Colorado 80203-4303. You may register by phone or fax when using Visa, MasterCard or Amex. Phone 303-860-0608 Fax 303-860-0624

HOMESTUDY ORDER FORM


To receive full CLE credit, you must purchase both the course materials AND the recorded seminar. Seminar recordings are offered on CD or MP3 format.

COURSE MATERIALS ONLY: (RE071412C) J CBA Member: $129 J Non-Member: $159 COURSE MATERIALS AND RECORDED SEMINAR: J CBA Member: $429 J Non-Member: $459 J Recorded Program on CD-ROM and Paper Course Materials (RE071412D) J Online Recorded Program and Downloadable Course Materials
Available online only instructions will be e-mailed to you after registration

ONLINE HOTEL RESERVATION INFORMATION


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. Make your reservation online @

Preferred format: J Video-On-Demand (RE071412N)

J MP3 (RE071412J)
10.00

NOTE: Shipping & handling only applies to orders you receive via mail.

https://resweb.passkey.com/go/realestatesymp
Register early! Cut-off for room reservations is July 1, 2011
FOR CLE USE ONLY: Check # : __________________

Price $ Shipping & Handling $ Subtotal $ HOMESTUDY SUB TOTAL $

Applicable Sales Tax (7.72% Denver, 4.1% RTD and 2.9% rest of Colo.) $

Approval # : __________________

Please add all the subtotals from above and enter total amount here

TOTAL AMOUNT ENCLOSED $

Nonprofit Org. U.S. Postage Paid Permit No. 1638 Denver, CO

1900 Grant Street, Suite 300, Denver, Colorado 80203-4303

REAL ESTATE SYMPOSIUM


Sponsored by the Real Estate Section of the Colorado Bar Association
LI VE O

29TH ANNUAL

Colorad o Foremos s Real Est t a Confere te nce!

VAIL, Y IN CO NL

DO R DO RADO OR LO LO

LIVE ONLY:

JULY 14-16, 2011

AT THE VAIL MARRIOTT MOUNTAIN RESORT & SPA

REGISTER ONLINE! Go to www.realestatesymposium.org

REGISTER ONLINE! Go to www.realestatesymposium.org

REAL ESTATE SYMPOSIUM


Sponsored by the Real Estate Section of the Colorado Bar Association
LIVE O

29TH ANNUAL

LIVE ONLY: JULY 14-16, 2011


AT THE VAIL MARRIOTT MOUNTAIN RESORT & SPA VAIL, CO
The Symposium will be submitted for 15 General Credits, including 2.2 Ethics Credits, to the Colorado Supreme Court Board for Continuing Legal & Judicial Education.
Real Estate Credits: The Symposium will be submitted for 15 hours of credit for real estate continuing education requirements under CRS 12-61-110.5(3).

Colorado s Foremos Real Est t a Confere te nce!

IN VAIL, C LY O N

R DO R DO RADO LO