REGULATION Z: REAL ESTATE TRANSACTIONS

The AIA contract documents are the most widely used form agreements for the procurement of design and construction services in America. Perhaps the most significant change for 2017 was the creation of an Insurance Exhibit. This exhibit offers the parties the opportunity to explore in much greater detail the insurance needs of their project. The Insurance Exhibit also provides a great deal more specificity with regard to required property and general liability insurance. This topic will provide you with an in-depth understanding of how to use the Insurance Exhibit and get the most out of it to best insure a successful project.

One of the hottest new trends in the hospitality industry is the food hall. The number of food halls in the United States has increased exponentially and has tripled since 2018. Unlike the traditional shopping center food court, the food hall is typically an entertainment complex combining fine dining, bar atmospheres, and live entertainment forums in one location. Food halls bring unique legal challenges, including artful drafting of leases, supporting documents, and operational rules that differ for each food hall facility. Similarly, entertainment uses present additional and varied legal considerations relative to typical retail tenants. Theaters today are often accompanied by the sale of prepared food and alcohol. Other entertainment uses have entered the scene, including indoor skydiving, golfing, escape experiences, and even ax-throwing. The unique situation created by COVID-19 and the potential threats of future highly transmissible diseases has recentered the needs and legal liabilities of these industries. Entertainment uses present unique challenges to the landlord and the tenant to achieve the balance between allowing the tenant to operate its business while offering protection to the landlord to ensure the entertainment use does not interfere with the project's operations. Parking, exclusive uses, prohibited uses, signage, visibility, access, noise, and security are just some of many items that play a role in lease negotiations between a landlord and prospective entertainment tenant. Listen as our panel of experts in real property transactions provides practical guidance on how to best address the issues and balance the interests of each party involved.

Generally speaking, owners and operators in the active adult/55+ space are able to convert resident leads at a lower cost per acquisition than the rest of the seniors housing continuum—Independent Living, Assisted Living, Memory Care and Life Plan or CCRC communities.

Under a letter of credit, a financial institution agrees to honor a demand for payment made by a beneficiary at an applicant's request. LCs are used in various real estate transactions: to support an underlying performance obligation such as construction, or instead of cash when, for example, an escrow is required under a mortgage loan or a security deposit is required under a lease. There are two types of LCs--commercial and standby--both follow specific rules, forms, and procedures dictated by the UCC, ISP98, or UCP. Counsel must draft and review LCs compliant with these rules and procedures and know the roles of the applicant, issuer, and beneficiary in issuing and drawing upon LCs. Counsel should also understand the different uses for LCs and how to tailor LCs to each transaction, including expiry dates and "evergreen" clauses, whether the LC should be transferable or not transferable, and whether single or multiple draws will be permitted. Listen as Buddy Baker, Vice President at Investment Banking Division, Goldman Sachs Bank USA discusses negotiating and drafting the critical terms in LCs and provides guidance through the annotated ISP98 forms. The panel will highlight using LCs in various real estate transactions and issues in making draws on LCs. The panel will also discuss alternative credit enhancements such as surety bonds and credit insurance and the advantages and disadvantages of each.