PROGRAM ICSC California Hotel Nikko February 12, 2016 Retail Leasing in the 21st Century: Evolution or Revolution
ICSC California We have now had 15 years of the 21st Century to see where retail is going. What are we seeing? How does this affect traditional core issues in retail shopping center leases? Are there new issues to consider in provisions on uses, exclusives, radius restrictions, co-tenancy clauses, percentage rent language, use controls in leases and REAs, reduction of anchor and credit tenant prototype store sizes, and even landlord/tenant litigation? The shopping center world is now filled with mall repositioning, food and entertainment venues, lifestyle uses, ethnic-based centers, tech innovations, healthcare themes and infill development, all of which pose concerns for the traditional shopping center model and core issues. The California panels will explore these intersections and more. This will be an interactive program focusing on the needs of legal, financial, leasing and other real estate professionals who serve the interests of shopping center and commercial real estate developers, retail tenants, leasing agents and managers. This program will also provide an opportunity to network with other professionals who deal with the unique legal and business issues that impact this industry. PROGRAM 7:30 am 12:00 pm Registration 7:30 8:15 am Continental Breakfast 8:15 8:30 am Opening Remarks/Background Jo Anne M. Bernhard, Esq. ICSC 2016 California Retail Leasing Symposium Program Planning Committee Chair Law Offices of Jo Anne M. Bernhard Sacramento, CA 8:30 9:15 am General Session 1 Where Are We in 2016? New Realities of Developing and Leasing Centers Discussion of the changes in traditional uses and new dramatic uses; landlords needs to consider other types of tenants that draw and create traffic, sales and revenue and tools required for remaking tired centers into new vital concepts. 2 Stephen K. Cassidy, Esq. Pepple Cantu Schmidt PLLC Oakland, CA Charles ( Chuck ) Shaw SyWest Development San Rafael, CA 9:15 10:45 am General Session 2 New Entrants in Retail: Are Uses, Exclusives, Co-Tenancy and Radius Restrictions Still Working for You? This panel will explore new and very different uses in the retail markets, including ethnic specialty retailers, medical services, food and entertainment centers, and massage and day spas. They will also explore how a change of use (i.e., a drug store becoming a medical provider) can affect other tenants uses/leases/ demands, landlord responses and possible legal remedies.
Hotel Nikko February 12, 2016 Rory J. Campbell, Esq. Hanson Bridgett, LLP Sean Dennison, Esq. CenterCal Properties LLC El Segundo, CA Louis K. Raymond, Esq. Irvine Company Retail Properties Irvine, CA 10:45 11:00 am Networking Break 11:00 am 12:00 pm General Session 3 Is a Sale by Any Other Name Still a Sale? Maybe or Maybe Not. Redefining the Definition of Percentage Rent How do you account for the effect of Internet sales, in-store orders, deliveries and other new retailing challenges? What about the tenant s new exclusions? With evolving changes in retailing, the concept of gross sales in percentage rent leases becomes more problematic. What is a sale and from where? How can a landlord account for those sales in omnichannel retailing and how is the tenant held accountable on books and records? Sara Hansen Wilson, Esq. Drinker Biddle & Reath LLP David Matthews, Esq. Bartko Zankel Bunzel & Miller 12:00 1:00 pm Lunch Served 12:30 1:00 pm Keynote Presentation Report on New Laws and Regulations Impacting the California Commercial Real Estate Industry and the State of the California Legislature Rex S. Hime, Esq. President and CEO California Business Properties Association Sacramento, CA California Business Properties Association (CBPA) has a membership of more than 10,000 and is the legislative advocate for ICSC, the California chapters of the National Association of Industrial and Office Properties (NAIOP), the Building Owners and Managers Association of California (BOMA, CA), the Institute of Real Estate Management (IREM), the Retail Industry Leaders Association (RILA), the National Association of Real Estate Investment Trusts (NAREIT) and the Association of Corporate Real Estate Executives (ACRE) of Southern California. 1:15 2:30 pm General Session 4 Consider the Possibilities: Re-Imagining Anchor Stores This panel will discuss the evaluation process for developers and tenants pertaining to loss or the downsizing of anchor stores and the redevelopment possibilities. Rory Packer, Esq. Westfield, LLC Los Angeles, CA Richard S. Friedman, Esq. Resch Polster & Berger, LLP Los Angeles, CA 3
ICSC California 2:30 2:45 pm Networking Break 2:45 4:00 pm General Session 5 Smoothing Out the Bumps: Use Restrictions in REAs and Leases. What Will the Effect of the New Retailing Environment Mean for Existing Documents? Repositioning shopping centers governed by existing REAs and leases involves a number of issues that need to be negotiated with the parties which include site plan changes, use restrictions, land use issues, and much more. This panel will suggest solutions that avoid litigation. Stephen K. Cassidy, Esq. Pepple Cantu Schmidt PLLC Oakland, CA Edward R. Krasnove, Esq. Griffin, Fletcher & Herndon LLP Carlsbad, CA 4:00 pm Symposium Concludes Program information current as of December 18, 2015. PROGRAM PLANNING COMMITTEE Jo Anne M. Bernhard, Esq., Law Offices of Jo Anne M. Bernhard Stephen K. Cassidy, Esq., Pepple Cantu Schmidt PLLC Richard S. Friedman, Esq., Resch Polster & Berger, LLP Edward R. Krasnove, Esq., Griffin Fletcher & Herndon LLP 4
ICSC California Hotel Nikko February 12, 2016 How to Register Fax: +1 732 694 1800 (Credit card registrations only) Online: www.icsc.org (Credit card registrations only) Mail: ICSC P.O. Box 26958 New York, NY 10087-6958 Registration Fees Advance On-Site Member* $195 $295 Non-Member $295 $395 Student Member** $ 50 N/A *To qualify for the member rates, each registrant must be a member or an affiliate member of ICSC. To become an ICSC member, call ICSC information services at +1 646 728 3800. **ICSC student members are required to register in advance to receive the discounted student registration fee. No discounted registration will be offered on-site. Deadlines To qualify for the advance registration rates, your registration must be received by February 5, 2016. Cancellations All cancellations will be subject to a $25 cancellation fee. No refunds will be given for cancellations received after February 5, 2016. All requests for refunds must be received by ICSC in writing. REGISTRATION FORM Venue Information Hotel Nikko 222 Mason Street Airfare Savings The ICSC Travel Desk has secured special airline and car discounts for attendance. For current prices and availability, please contact us at +1 888 ICSC TVL (427 2885) or +1 585 442 8856 from 8:30 am to 5:30 pm ET, Monday through Friday. Continuing Education Credits ICSC Certified professionals earn 1.0 credit (A3) towards certification renewal. MCLE California State Bar 6.5 Credits Pending Approval Special Needs Anyone desiring an auxiliary aid for this meeting should notify Julia Tiberio at +1 646 728 3598 no later than December 18, 2015. Terms, Conditions and Rules This Registration Form is subject to ICSC Terms, Conditions and Rules for Event Registrants available at www.icsc.org/event-terms-and-conditions, which are hereby incorporated by reference. By registering for this event, I grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. Please Check One: ICSC Member Non-Member Student Member Name Company Address City State/Province Zip/Postal Code Telephone Fax E-mail Your Membership I.D. # Please check here if any of the above information has recently changed. Method of payment Check made payable to ICSC enclosed for $ MasterCard Visa AMEX Discover $ Name (as it appears on credit card) Signature Credit Card Number (include all digits) Expiration Date (month/year) 2016CRLS-A 5
International Council of Shopping Centers 1221 Avenue of the Americas New York, NY 10020-1099 ICSC California Hotel Nikko February 12, 2016 Retail Leasing in the 21st Century: Evolution or Revolution PROGRAM