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The 2012 Real Estate Symposium will be held July 19-21, 2012 at the Sheraton in Steamboat Springs, ColoradoWhat began in 1982 as a Saturday program in Denver has grown into the definitive annual gathering place for members of the Colorado real estate community old and new. More than a CLE conference, this annual event brings together the most outstanding speakers and timely topics, all with the spectacular backdrop that is Steamboat Springs.
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LIVE ONLY:JULY 19-21, 2012SHERATON STEAMBOAT RESORT2200 Village Inn CourtSteamboat Springs, CO 80487
The Symposium will be submitted for 15 General CLE Credits, including 3 Ethics Credits
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).
REGISTER ONLINE! Go to www.realestatesymposium.org
30THANNUAL
REAL ESTATESYMPOSIUMSponsored by the Real Estate Section of the Colorado Bar Association
BACK INSTEAMBOAT!
Colorado’s foremost Real Estate Conference!
What began in 1982 as a Saturday program in Denverhas grown into the definitive annual gathering placefor members of the Colorado real estate communityold and new. More than a CLE conference, this annualevent brings together the most outstanding speakersand timely topics, all with the spectacular backdropthat is Steamboat Springs.
Share your stories and experiences during coffeebreaks, at the wine tasting, on the tee, or at thetrailhead. Join the conversation on these and
other issues –
■ Different Approaches to Buying and Selling Contaminated Property■ Public Private Financing - Deal Structure Options■ Legislative and Case Law Updates■ Brokerage License Law for Dirt Lawyers■ 2013 CREC Contract Forms■ Common Water Law Issues Encountered in Real Estate Closings■ Lurking Special Districts in a Distressed Market■ Railroad Rights of Way in Colorado■ Ethics: The Life Cycle of a Client File■ Interstate Land Sales Act Update■ Key Provisions, Strategies and Methodologies in Negotiating Leases■ Ethics: Ten Tips to Truncate Tenuous Ethical Temptations ■ Back by Popular Demand – THE 10-MINUTE DRILL!
We look forward to seeing you in Steamboat, thequintessential Rocky Mountain town.
29 Years in the Making…
THANK YOU to all of oursponsors for their continuedsupport of the Annual RealEstate Symposium!
THE 2012 SYMPOSIUMSPONSORS:Confirmed at the Time of Printing:
PLATINUM PROGRAM SPONSORS:
• The Real Estate Section of the Colorado Bar Association
GOLD PROGRAM SPONSORS:
• Chicago Title of Colorado
• Cordes & Company
• Fidelity National Title Insurance Company
SILVER PROGRAM SPONSORS:
• Assured Title Agency, LLC
• Attorneys Title Guaranty Fund
• Bloomberg L.P.
• Commonwealth / Heritage Title Company
• First American Title Insurance Company
• JAMS
• Stewart Title
BRONZE PROGRAM SPONSORS:
• 1031 Corporation Exchange Professionals
• ABA Retirement Funds Program
• Bradford Publishing Co.
• Land Title Guarantee Company
• LexisNexis
Sponsorship opportunities are still available! Formore information, please contact MonicaSantillanes at [email protected] ONLINE! Go to www.realestatesymposium.org
SYMPOSIUM AGENDA • DAY 1 • THURSDAY, JULY 19, 2012
11:30 am Registration Open
12:45 pm Opening Remarks
Randall G. Alt, Esq., Program Chair, Moye White, LLP, Denver, COGary Abrams, Executive Director, Colorado Bar Association CLE, Denver, CO
1:00 - 2:00 pm Buying and Selling Contaminated Property
■ Transactional and Regulatory Approaches for Managing Environmental Risk, Cleaning Up and Redeveloping Properties
■ Case Studies to Illustrate Different Approaches
■ Lessons Learned
Presented by Polly B. Jessen, Esq., Kaplan Kirsch & Rockwell, LLP, Denver, CO, Eric Williams, President and CEO, FrontierRenewal, LLC, Englewood, CO, and Fonda Apostolopoulos, PE, Colorado Department of Public Health and Environment, Denver, CO
2:00 - 2:50 pm Public Private Financing - Deal Structure Options
PIFs, Sales Tax Sharing Arrangements, TIFs and Urban Renewal Authorities
Presented by James T. Johnson, Esq., Otten, Johnson, Robinson, Neff + Ragonetti, PC, Denver, CO
2:50 - 3:10 pm Networking Break
3:10 - 4:00 pm 2012 Legislative Update
Presented by Christopher W. Payne, Esq., Ballard Spahr, LLP, Denver, CO
4:00 - 4:50 pm License Law for Dirt Lawyers
Real estate law frequently interacts with real estate brokerage law. This is not a survey of real estate license law. Instead, it
touches upon the half a dozen topics real estate lawyers often bump into.
Presented by Jonathan A. Goodman, Esq., Frascona, Joiner, Goodman & Greenstein, PC, Boulder, CO
4:50 pm Adjourn
4:50 - 6:30 pm Annual Wine Tasting Reception
7:30 am Registration Open - Continental Breakfast
8:20 - 9:20 am 2012 Case Law Update
Presented by Frederick B. Skillern, Esq., Montgomery, Little & Soran, PC, Greenwood Village, CO
9:20 - 9:40 am 2013 CREC Contract Forms
Presented by Kent Jay Levine, Esq., Kent Jay Levine, PC, Englewood, CO
9:40 - 10:00 am Networking Break
10:00 - 10:50 am Common Water Law Issues Encountered in a Real Estate Closing
■ What Kind of Documentation Do You Need to Pass Good Title for Water Rights in a Mutual Ditch v. Groundwater?
■ Lost Stock Certificates and Other Issues
Presented by Timothy J. Flanagan, Esq., Fowler, Schimberg & Flanagan, PC, Denver, CO
SYMPOSIUM AGENDA • DAY 2 • FRIDAY, JULY 20, 2012
continued on next page
10:50 - 11:40 am Lurking Special Districts in a Distressed Market – Questions You Need to Ask
■ Buying Real Estate out of Foreclosure?
■ Is There a District?
■ Is It Safe?
■ Can You Get Control?
Presented by Matthew R. Dalton, Esq., Grimshaw & Harring, PC, Denver, CO
11:40 am - 1:15 pm Lunch Provided
1:15 - 2:20 pm Railroad Rights of Way in Colorado
■ Absolute fee/limited fee/easement
■ The “Fed” interpretations
■ Recent recreational influences
Presented by Willis V. Carpenter, Esq., Carpenter & Klatskin, PC, Denver, CO
2:20 - 3:10 pm The Life Cycle of a Client File: Issues Relating to the Creation, Retention and Destruction of Client Files, with
(1 Ethics Credit) Particular Emphasis on Colo. RPC 1.16A.
■ What is the file?
■ Must the lawyer keep the file? How long?
■ Under what circumstances may the lawyer destroy the file? How?
■ What happens if a lawyer can no longer care for and feed his files?
Presented by Charles “Chip” Mortimer, Jr., Esq., Colorado Supreme Court Attorney Regulation Counsel, Denver, CO
3:10 - 3:30 pm Networking Break
3:30 - 4:40 pm THE 10-MINUTE DRILL
Moderator: J. Marcus Painter, Esq., Holland & Hart, LLP, Boulder, CO
■ Title Standards Update
Presented by Diane B. Davies, Esq., Faegre Baker Daniels, LLP, Denver, CO
■ Trust the Trust or Trust the Trustee? Where to Put the Title?
Presented by Geoffrey P. Anderson, Esq., Sweetbaum Sands Anderson, PC, Denver, CO
■ RECEIVER SALES OF REAL PROPERTY: Can They Really Do That? OR How I Learned to Stop Worrying About
Foreclosure Law and Love Receiver Sales
Presented by Robert L. Brown, Esq., Sherman & Howard, LLC, Denver, CO
■ Cool and Gnarly Title Issues: A Brief Review of Surprise Title Issues Awaiting Unsuspecting Real
Estate Practitioners
Presented by Julia T. Waggener, Esq., Waggener & Foster, LLP, Denver, CO
■ Payoff? What Payoff? Misappropriation of Funds at Closing - Discussion of the Current State of the Law
Concerning Misappropriation of Funds by Loan Servicers and Title Agents
Presented by Daniel A. Sweetser, Esq., The Sweetser Law Firm, PC, Denver, CO
■ Insurance ABCs: Building Blocks for Real Estate Practitioners
Presented by Wesley B. Howard, Jr., Esq., Benjamin, Bain, Howard & Cohen, LLC, Greenwood Village, CO
■ Picking Your Battle Ground – Drafting Considerations in Light of the Rocket Docket Pilot Project
Presented by J. Marcus Painter, Esq., Holland & Hart, LLP, Boulder, CO
SYMPOSIUM AGENDA • DAY 2 • FRIDAY, JULY 20, 2012 continued
4:40 pm Adjourn
4:40 - 6:00 pm Networking Reception
7:30 am Registration Open - Continental Breakfast
8:20 - 9:10 am Interstate Land Sales Act – New Cases, New Agency, New Proposals
Presented by Richard C. Linquanti, Esq., Carlton Fields, St. Petersburg, FL
9:10 -10:00 am Negotiating Leases – Key Provisions, Strategies and Methodologies
Commercial leases have numerous key provisions of considerable import to landlords and tenants. Several of these provisions
will be discussed in the context of six winning negotiation strategies, the negotiation process, and negotiation techniques
to avoid.
Presented by John R. Benitez, Esq., Moye White, LLP, Denver, CO
10:00 - 10:20 am Networking Break
10:20 am - 12:00 pm Ethics: Ten Very Good Reasons Why You Should Attend This Session
(2 Ethics Credits) Presented by John E. Moye, Esq., Moye White, LLP, Denver, CO
12:00 pm Adjourn
1:30 pm Annual Golf Outing
SYMPOSIUM AGENDA • DAY 2 • FRIDAY, JULY 20, 2012 continued
SYMPOSIUM AGENDA • DAY 3 • SATURDAY, JULY 21, 2012
LODGING INFORMATION
DATES: JULY 19-21, 2012Cut-off for room reservations is July 2, 2012. Rooms will sell out fast! MAKE YOUR RESERVATION EARLY!
CLE has reserved a block of rooms for guests of the Symposium at the Sheraton Steamboat Resort. Roomrates start at $159 plus applicable taxes and resort fees. When making your reservation, in order to receivethe group room rate, please indicate that you are a guest of the Colorado Bar Association Real EstateSymposium. Reservations will be accepted by phone at (800) 848-8877.
OVERFLOW LODGING:The Steamboat Grand • 2300 Mt. Werner Circle • Steamboat Springs, CO 80487
CLE has arranged for overflow rooms at the Steamboat Grand Hotel, located directly across the street from theSteamboat Sheraton Resort, and through ResortQuest (Steamboat property management). When making yourreservation, in order to receive the group room rate, please indicate that you are a guest of the Colorado BarAssociation Overflow group.
Reservations at the Steamboat Grand will be accepted by phone at (877) 269-2628.
ResortQuest: Reservations through ResortQuest will be accepted by phone at (866) 666-1289. ResortQuest properties include:Torian Plum Condominiums | Snow Flower Condominiums | Bronze Tree Condominiums | Ironwood Townhomes
REAL ESTATE SYMPOSIUMHEADQUARTERS:
Sheraton Steamboat Resort2200 Village Inn Court
Steamboat Springs, CO 80487
PROGRAM CHAIRRandall G. Alt, Esq.Moye White, LLPDenver CO
FACULTYGeoffrey P. Anderson, Esq.Sweetbaum Sands Anderson, PCDenver, CO
Fonda Apostolopoulos, PEColorado Department of PublicHealth and EnvironmentDenver, CO
John R. Benitez, Esq.Moye White, LLPDenver CO
Robert L. Brown, Esq.Sherman & Howard, LLCDenver, CO
Willis V. Carpenter, Esq.Carpenter & Klatskin, PCDenver, CO
Matthew R. Dalton, Esq.Grimshaw & Harring, PCDenver, CO
Diane B. Davies, Esq.Faegre Baker Daniels, LLP Denver, CO
Timothy J. Flanagan, Esq.Fowler, Schimberg & Flanagan, PCDenver, CO
Jonathan A. Goodman, Esq.Frascona, Joiner, Goodman &Greenstein, PCBoulder, CO
Wesley B. Howard, Jr., Esq.Benjamin, Bain, Howard & Cohen, LLCGreenwood Village, CO
Polly B. Jessen, Esq.Kaplan Kirsch & Rockwell, LLPDenver, CO
James T. Johnson, Esq.Otten, Johnson, Robinson, Neff +Ragonetti, PCDenver, CO
Kent Jay Levine, Esq.Kent Jay Levine, PCEnglewood, CO
Richard C. Linquanti, Esq.Carlton FieldsSt. Petersburg, FL
Charles “Chip” Mortimer, Jr., Esq.Colorado Supreme Court AttorneyRegulation CounselDenver, CO
John E. Moye, Esq.Moye White, LLPDenver CO
J. Marcus Painter, Esq.Holland & Hart, LLPBoulder, CO
Christopher W. Payne, Esq.Ballard Spahr, LLPDenver, CO
Frederick B. Skillern, Esq.Montgomery, Little & Soran, PCGreenwood Village, CO
Daniel A. Sweetser, Esq. The Sweetser Law Firm, PCDenver, CO
Julia T. Waggener, Esq.Waggener & Foster, LLPDenver, CO
Eric WilliamsPresident and CEOFrontier Renewal, LLCEnglewood, CO
30TH ANNUAL REAL ESTATE SYMPOSIUM FACULTY
TO REGISTER: You may REGISTER ONLINE atwww.realestatesymposium.org, or return the attached formwith check or credit card information. Register by phoneor fax with Visa, MasterCard, or American Express. Phone:(303) 860-0608. Toll Free (888) 860-2531.
CANCELLATIONS: If you are unable to attend, please notifyCBA/CLE by July 9, 2012 and we will gladly refund yourtuition in full or transfer your tuition to the home study.Cancellations after July 10, 2012 will be refunded less a$50 cancellation fee.
CREDITS: Submitted for 15 general credits, including 3ethics credit.
REAL ESTATE CREDITS: Submitted for 15 hours of credit forreal estate continuing education requirements under CRS §12-61-110.5(3).
SPECIAL NEEDS: If you need information regardingavailability of special facilities please call (303) 860-0608.
HOTEL ACCOMMODATIONS: Special rates and lodgingoptions are available for attendees of the Real EstateSymposium. For details, please see “LODGINGINFORMATION” on the brochure.
TAX DEDUCTION: An income tax deduction may beallowed for educational expenses, including registration,travel, meals, and lodging, if they improve or maintainprofessional skills in accordance with the limitations andrequirements of the Internal Revenue Code of 1986.
ADDITIONAL SYMPOSIUM INFORMATIONWhat’s NEWat CBA-CLE?The CLE Season PassWith this incredible resource, you get unlimited access to the best catalog of CLE seminars in Colorado, all at the fraction of what you would normally pay!
With your choice of a BASIC or ELITE Season Pass:• Elite Season Pass Holders receive a 50% discount for all Institutes (see terms,
Conditions & Exclusions*) • Basic Season Pass Holders receive special prices on selected events.• CLE decisions are made easy – you don’t have to pass on any programs with the
Season Pass! • Budget in advance: You won’t go over your CLE budget for the year! • Content is available 24/7/365 • Get the latest updates and content at your fingertips • Sharpen your skills, expand your knowledge and stay competitive • Have access to all practice areas and Ethics programs • Choose from thousands of courses available: On-demand, just a click away • Receive the CLE credits you need to satisfy your compliance requirements • Pick and choose the live seminars that are right for you (for Elite Pass Holders) • Tune into Live Webcasts anytime from the comfort of your home or office (for Elite
Pass Holders)
For more information or to download the enrollment packet go to:http://www.cba-cle.org/season-pass.pdf
30TH ANNUAL REAL ESTATE SYMPOSIUM • JULY 19-21, 2012 • STEAMBOAT SPRINGS, COLORADO
Register by PHONE...when using VISA, MasterCard or Amex.(303) 860-0608 • Toll-Free: (888) 860-2531
Or FAX form to...when using VISA, MasterCard or Amex.FAX to: (303) 860-0624
Or MAIL form to...CLE in Colorado, 1900 Grant St., Suite 300Denver, CO 80203-4303
Or Register ONLINE...when using VISA, MasterCard or Amex.Register @ www.realestatesymposium.org
METHOD OF PAYMENT:
FOR CLE USE ONLY:Check # Check # :: ____________________________________ Approval # Approval # :: ____________________________________
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
Name(s)______________________________________________________________________________________________________________________________
Attorney Reg. No. ______________________________________________________________________________________________________________
Firm/Organization ________________________________________________________________________
E-Mail Address __________________________________________________________________________________________________
Street Address ____________________________________________________________________________________
City / State / Zip __________________________________________________________________________
Telephone ( ) ________________________________________________________________
PAYMENT METHOD:❏ Check made payable to CBA-CLE (Check #_______________ )
❏ VISA ❏ MasterCard ❏Amex
Credit Card # ____________________________________________________________________________
Exp. Date __________________________________________________________________________________________
Signature (required)______________________________________________________________________________________________________________________________________
$$$$
$
10.00
HOMESTUDY ORDER FORM
❏ Non-Member: ......................................................................................................$419❏ CBA Member: ......................................................................................................$399❏ Real Estate Section Member: ................................................................................$369❏ NEW! CLE Elite Season Pass: ......................................................................$179
❏ Digital Course Materials- Flash Drive❏ Printed Book
The Thursday Wine Tasting and Friday Reception are complimentary for guests. A“Guest Pass” is available for $50 for guests who wish to participate in breakfast onFriday and Saturday.❏ NO – I am not bringing a guest❏ YES – I am bringing a guest (please add $50 per guest to your registration fee)
Guest Name: ______________________________________________________
Guest Name: ______________________________________________________
Please indicate which functions you plan to attend❏ Thursday Wine Tasting (included for attendees)❏ Friday Lunch (included for attendees)❏ Friday Cocktail Reception (included for attendees)
PROGRAM TOTAL $
To receive full CLE credit, you must purchase both the coursematerials AND the recorded seminar.
COURSE MATERIALS ONLY: (RE071913C)❏ CBA Member: $129 ❏ Non-Member: $159
COURSE MATERIALS AND RECORDED SEMINAR:❏ CBA Member: $399 ❏ Non-Member: $419
❏ Recorded Program on CD-ROM and Paper Course Materials (RE071913D)
❏ Online Recorded Program and Downloadable Course Materials Available online only – instructions will be e-mailed to you after purchase
Preferred format:
❏ Video-On-Demand (RE071913N) ❏MP3 (RE071913J)
STEP 2 - COURSE MATERIALS
Price
Shipping & Handling
Subtotal
Applicable Sales Tax (7.62% Denver, 4% RTD and 2.9% rest of Colo.)
HOMESTUDY TOTAL
Symposium tuition includes course materials, admission to the entire program, andadmission to the Thursday wine tasting and Friday reception.
STEP 1 - REGISTRATION CATEGORIES
STEP 3 - BRINGING A GUEST?
STEP 4 - SYMPOSIUM FUNCTIONS
NOTE: Shipping &handling only appliesto orders you receive
via mail.
Are you an ElitePass Holder?Attend the Real EstateSymposium for only $179!
Nonprofit Org.
U.S. Postage Paid
Permit No. 1638
Denver, CO1900 Grant Street, Suite 300, Denver, Colorado 80203-4303
Colorado’s foremost Real Estate Conference!REGISTER ONLINE! Go to www.realestatesymposium.org
30THANNUAL
REAL ESTATE SYMPOSIUMSponsored by the Real Estate Section of the Colorado Bar Association
LIVE ONLY: JULY 19-21, 2012
BACK INSTEAMBOAT!
30TH ANNUAL
REAL ESTATE SYMPOSIUM
Sponsored by the Real Estate Section of theColorado Bar Association
LIVE ONLY: JULY 19-21, 2012Colorado’s foremost Real Estate Conference!
Register online: www.realestatesymposium.org
BACK IN STEAMBOAT!