Michigan Continuing Education Program for Real Estate ProfessionalsSuburban Collection Showplace | Novi, MIFebruary 14, 2019#ICSC

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Michigan Continuing Education Program For Real Estate Professionals

Registration7:00 am – 4:00 pm ▶ Onyx/Opal/Garnet Foyer

Continental Breakfast7:30 – 8:00 am ▶ Onyx/Opal/Garnet Foyer

WELCOME AND INTRODUCTION TO THE PROGRAMPaul S. Magy, Esq.ICSC 2019 Michigan Continuing Education Program Chair Member Clark Hill, PLC Birmingham, MI

Roundtables8:00 – 9:30 am ▶ Onyx/Opal/Garnet BallroomVarious topics will be presented in a roundtable format for small group discussion. Participants will be able to attend three 30-minute roundtable discussions.

Presented in cooperation with the State Bar of Michigan’s Real Property Law Section’s Special Committee on Commercial Leasing.

ROUNDTABLE COMMITTEE CHAIRMatthew B. Van Dyk, Esq.Miller JohnsonKalamazoo, MI

1. For the Love of Liquor (Licensing)! Led by: Kelly Allen, Esq., Adkison, Need, Allen &

Rentrop, PLLC

2. Using Condominiums as a Redevelopment Tool Led by: Jonathan D. Block, Esq., Honigman, LLP

3. The Budding Real Estate Market - Don’t Let Your Lease Rights Go Up in Smoke

Led by: Jason Canvasser, Esq., Clark Hill, PLC

4. The Tail Wagging the Dog: Don’t Let Your Tenant's Bankruptcy Lead to Yours!

Led by: Alfredo Casab, Esq., Dawda, Mann, Mulcahy & Sadler, PLC

5. Zoning Law and Practices Are Changing Quickly – Don't Get Left Behind Led by: John Gaber, Esq. & Richard D. Rattner, Esq., Williams, Williams, Rattner & Plunkett, PC

6. Too Much, Too Little, Too Late – How to Avoid Common Pitfalls in Negotiating Letters of Intent

Led by: Dan Halprin, Esq., Dawda, Mann, Mulcahy & Sadler, PLC

7. Protecting Against Unexpected Casualties and Disasters in your Leases and Operations Led by: David Hill, Esq., Barnes & Thornburg, LLP

8. The Art and Science of Retail Site Selection Led by: Dave Huntoon, Intalytics

9. Lease in Default? Best Practices Before and After the Default Led by: Patrick Karbowski, Esq., McDonald Hopkins

10. Lease Accounting Standards: Where Do We Stand? Led by: Kevin Kernen, Jason Krentler and Jake Kociencki, Stout Risius Ross, LLC

11. Mistakes Retailers Have Made: Why So Many Closures? Led by: Lauren Leach, Conway MacKenzie, Inc.

12. How to be a Hit at Parties: Explaining Michigan Property Tax Issues Led by: Jason Long, Esq., Steinhardt Pesick & Cohen

13. Opportunity Zones Led by: Gordon Goldie & Valerie Grunduski, CPA, Plante Moran, PLLC, Nicholas G. Maloof, Esq., Associated Environmental Services, LLC

14. Cyber Fraud – What You Don't Know Can Hurt You! Led by: Patricia Meadows-Smith, First American

15. Expiring and Outdated REAs – A Chance to Start Over or Stuck in the Past?

Led by: Ronn Nadis, Esq., Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.

16. What is Retail Today: Non-traditional Retail and More Led by: Aaron M. Morrissey, Esq., Meijer, Inc., Robert Nolan, Esq., Warner Norcross & Judd, LLP

17. Business Damages in Eminent Domain Proceedings Led by: Jerry Pesick, Esq., Steinhardt Pesick & Cohen

18. Fix the Damn Roads Tenant's Lease Insurance Provisions! WHAT You Need to Know, WHY it's Important, and HOW to Fix the Lease

Led by: Margaret Petersen, Esq., Petersen Law, PLLC

19. Investments in Qualified Opportunity Funds: Like-Kind Exchanges 2.0?

Led by: Margo Rosenthal, Esq., Investment Property Exchange Services, Inc.

20. Current Environmental Challenges for Buying, Developing and Financing Properties

Led by: Arthur Siegal, Esq., Jaffe Raitt Heuer & Weiss

21. Commercial Real Estate Retail Lending in Today's Markets - Mayday, Doomsday or Payday?

Led by: Ron Stern, Esq., Clark Hill, PLC

22. Effects of Emerging Environmental Issues, Vapor Intrusion and PFAS on Commercial Real Estate Transactions

Led by: Rick Welsh, ASTI Environmental

23. Negotiating Favorable Due Diligence Clauses when Purchasing/Selling Commercial Real Estate

Led by: Alan J. Taylor, Esq., Segal McCambridge Singer & Mahoney LTD

THURSDAY FEBRUARY 14

CONTINUING EDUCATION CREDITS8.0 hours of Continuing Education Real Estate Credits in Michigan applicable for 2019, composed of 6.0 hours of CRE and 2.0 hours of Legal Update.

For the Love of Retail Real Estate: Embracing Change and Adapting for Success

Economic Forecast9:30 – 10:15 am ▶ Onyx/Opal/Garnet Ballroom

Paul TraubBusiness EconomistFederal Reserve Bank of Chicago Detroit, MI

Plenary Session10:30 – 11:30 am ▶ Onyx/Opal/Garnet Ballroom10:30 – 11:20 am | Presentation11:20 – 11:30 am | Break

Emerging Issues and Recent Developments in Real Estate Law Affecting Shopping Centers: 2019 This session will explore important court decisions, legislation and trends in the law of retail real estate in Michigan, especially as they relate to retail centers. The panel will discuss recent case law developments, new and pending legislation and the trends they represent, and address their importance to those who own, manage, finance or lease space in retail projects.

PANELISTSMelissa N. Collar, Esq.PartnerWarner Norcross & Judd, LLPGrand Rapids, MI

Casey Koppelman, Esq.CounselVarnum, LLPNovi, MI

Leslee M. Lewis, Esq.Dickinson Wright, PLLCGrand Rapids, MI

Concurrent Sessions11:30 am – 12:30 pmA. Schedule One to Schedule None – Marijuana in

the Mainstream▶ Amethyst/Emerald Ballroom This panel will discuss the paradigm shift for marijuana in Michigan and how it will be thought of in the future. It will cover municipality issues with zoning, land use and additional required permits. Brokers and Landlords will gain a better understanding of how to successfully get deals done and what questions to ask when talking to prospects. This session will also dive into the financing world and how lenders place value on marijuana use, both in retail and industrial settings. Take a breath and clear your mind for this informative panel.

MODERATORScott SonenbergLandmark Commercial Real Estate ServicesFarmington Hills, MI

PANELISTSVirgil P. Bernero Operating PartnerCanopy Affairs Group Lansing, MI

Christian A. Dorch Vice President Team Core Auburn Hills, MI

Chad L. ProudlockOperating PartnerCanopy Affairs Group Grosse Pointe, MI

Layne A. Sakwa, Esq.PartnerFried Saperstein Abbatt, P.C.Southfield, MI

B. #HowTechRU – Today’s Technology and Its Influence and Impact on Commercial Real Estate

▶ Sapphire/RubyHow much do you know about today’s technology? Technology is vastly changing the way we do business and the resources we utilize to market real estate. Experience the impact of virtual reality and 3D imaging firsthand. Engage in an interactive drone demonstration. Discover the newest trends in digital and social media; including how to build a platform and package these tools to drive your business. Media platforms include: Websites, Instagram, Facebook, YouTube, QR Codes, VR, Drones, 3D Cameras and Social Media.

MODERATORJustine K. O’BrienSenior Leasing RepresentativeSchostak Brothers and Co., Inc.Livonia, MI

PANELISTSFred KandahCTODJI of Troy/Excel DronesTroy, MI

Ralph PerezDirector of Marketing and BrandingEmpire 360 MediaLansing, MI

Matt SterkenburgGeneral ManagerHypeline Grand Rapids, MI

Lunch Served12:30 – 1:00 pmNo lunch service after 1:00 pm.▶ Onyx/Opal/Garnet Ballroom

Keynote Presentation1:00 – 1:45 pm ▶ Onyx/Opal/Garnet BallroomThe “Not So Secret” Truth About the Future of RetailGiven the uncertainty and disruption in retail, most owners and operators are asking the same question: how do I future proof my asset? From the suburbs to densely populated downtowns, great destinations have a common theme. By applying a few simple principles based on the history of commerce and human centered experience we can help to reposition and revive a rapidly aging model.

Benjy WardPrincipalGenslerChicago, IL

Concurrent Sessions2:00 – 3:00 pm2:00 – 2:50 pm | Presentation2:50 – 3:00 pm | Break

A. Update Detroit: Under Construction, Under Contract, In the Pipeline.

▶ Amethyst/Emerald BallroomThe initial stage of Detroit’s resurgence is solidifying with retail, office and hotel developments. Major projects like the Hudson’s site and Monroe Block will bring more tenants like Microsoft and Google. Hotel development continues with the Element Detroit at the Metropolitan and Shinola. Retail spreads from the CBD to Corktown and New Center. This panel will share their insiders' perspective.

MODERATORJim Bieri, CRX, CLSPrincipalStokas Bieri Real EstateDetroit, MI

PANELISTSDennis S. BernardPresidentBernard Financial GroupDetroit, MI

Kenyetta Hairston-BridgesVice President of Real Estate and Financial ServicesDetroit Economic Growth CorporationDetroit, MI

Eric B. Larson CEOThe Downtown Detroit Partnership Detroit, MI

B. #HowTechRU – Today’s Technology and Its Influence and Impact on Commercial Real Estate

▶ Sapphire/RubyHow much do you know about today’s technology? Technology is vastly changing the way we do business and the resources we utilize to market real estate. Experience the impact of virtual reality and 3D imaging firsthand. Engage in an interactive drone demonstration. Discover the newest trends in digital and social media; including how to build a platform and package these tools to drive your business. Media platforms include: Websites, Instagram, Facebook, YouTube, QR Codes, VR, Drones, 3D Cameras and Social Media.

MODERATORJustine K. O’BrienSenior Leasing RepresentativeSchostak Brothers and Co., Inc.Livonia, MI

PANELISTSFred KandahCTODJI of Troy/Excel DronesTroy, MI

Ralph PerezDirector of Marketing and BrandingEmpire 360 MediaLansing, MI

Matt SterkenburgGeneral ManagerHypeline Grand Rapids, MI

C. Trash or Treasure – Adaptive Reuse of the American Mall▶ Copper/Granite/Gold Ballroom“It’s not the strongest who survive, it’s those who adapt.” In the world of retail real estate, this could not be truer than today. The American Mall is challenged as of late. Facing bankruptcies of chain store retailers and department stores alike, malls as a class are facing higher vacancies than ever. This panel aims to take a closer look at this phenomenon by way of a case study approach. We will be examining two properties in our back yard, Northland Mall (Southfield, MI) and Lakeside Mall (Sterling Heights, MI). Join our team of experienced professionals in identifying and discussing the challenges and more importantly, the opportunities presented in this storyline.

MODERATOREmily D’Agostini Kunath, Esq.General CounselD’Agostini CompaniesSterling Heights, MI

Michigan Continuing Education Program For Real Estate Professionals

PANELISTSAl AcevesExecutive DirectorSouthfield Downtown Development AuthoritySouthfield, MI

Luke BonnerSenior Economic Development AdvisorCity of Sterling HeightsSterling Heights, MI

Daniel SternPrincipalLormax Stern Development CompanyBloomfield Hills, MI

Mark VanderpoolCity ManagerCity of Sterling HeightsSterling Heights, MI

Concurrent Sessions3:00 – 4:00 pmA. A Plan to Control Your Deal in this Crazy World of

Construction Costs: Understanding the Costs of Construction and Development

▶ Amethyst/Emerald BallroomIf you are ignorant about the costs of construction, your deal may be dead…and you won’t even know it. The costs of construction have skyrocketed, and they affect every economic decision made regarding any commercial development, from actual construction to all of the economic terms of a lease. The real estate professional must be able to give clients competent advice about the costs of construction. If these costs are not considered at the inception of a project, it is likely that you will not be able to develop your project. This session will provide you with a plan for a checklist approach to outline the crucial issues involved in construction, from the creation of a pro forma to the related lease terms. The panel brings together well known experts to offer their advice on how to handle current construction cost issues from the perspectives of an architect, a contractor/project manager and an owner/developer. Don't miss out on important information for you to use in your current and next deals.

MODERATORRichard D. Rattner, Esq.ShareholderWilliams, Williams, Rattner & Plunkett, P.C.Birmingham,MI

PANELISTSP. Eugene D'AgostiniPrincipalD’Agostini CompaniesSterling Heights, MI

Viktor SarokiPresident and FounderSaroki ArchitectureBirmingham, MI

Brandon SchramDevelopment ManagerAlrig USABingham Farms, MI

B. The Changing Dynamics of Curating a Successful Tenant Mix: Where Do Non-traditional Uses Fit in the Next Generation of Retail

▶ Copper/Granite/Gold BallroomLet’s talk about internet-proof businesses. How do medical uses fit in? What is experienced based retail? Why is everyone talking about entertainment? Do these tenants really help my other tenants survive and thrive? What is the difference between suburban retail mix and urban retail mix? In this session, we will talk with retailers, developers and landlords to discuss and review their outlook on co-tenancy, and how to balance corporate tenants, franchises and independent users. We will also cover how to balance traditional retail, new trends in retail and look into their predictions for the next few years of landscape for urban and suburban retail.

MODERATORBenji RosenzweigVice President - DetroitColliers InternationalSouthfield, MI

PANELISTSCharles House Franchise OwneriLoveKickboxingSterling Heights, MI

Rachel LutzOwner and Proprietress The Peacock Room, YAMA & Frida Detroit, MI

Scott MarcusArea Developer for Orange TheoryOwner RSM Development & Management Birmingham, MI

C. The Evolving Anatomy of a Retail Lease: Changing with the Times

▶ Onyx/Opal/Garnet BallroomFrom the substantial, real-world expertise of our panel of developers, tenants and their attorneys, this session examines crucial components of the retail lease, pitting the perspectives of the landlord against those of the tenant and how the “times”—the economy, demographics, and technology—have impacted what parties feel they need in their leases. This session will discuss the economic terms, but it will also cover certain non-economic issues that can have a dramatic effect on the long-term success of a center or a store. Special attention will be given to CAM exclusions and

For the Love of Retail Real Estate: Embracing Change and Adapting for Success

audits, percentage rent, construction allowances, tenant “exit strategies,” and exclusives. This session is designed to enhance your understanding of how certain lease terms can affect your clients and deals, add value to the service a broker can provide and help each party add dollars to the bottom line.

MODERATORJonathan W. Anderson, Esq.PartnerVarnum, LLPGrand Rapids, MI

PANELISTSEugene A. FranksVice President of Real Estate and General CounselFamily Farm & HomeMuskegon, MI

Robert A. LaBelle, Esq.Senior AttorneyWilliams, Williams, Rattner & Plunkett, P.C.Birmingham, MI

Thomas LitzlerExecutive Vice President and COOSchostak Brothers and Co., Inc.Livonia, MI

Meeting Adjourns4:00 pm

Program information current as of February 11, 2019.

PROGRAM PLANNING COMMITTEEPaul S. Magy, Esq., ICSC 2019 Michigan Continuing Education Program Chair, Clark Hill, PLC

Matthew Berke, ICSC Michigan State Director, Keystone Commercial Real Estate, LLC

Jonathan W. Anderson, Esq., Varnum, LLP

Jim Bieri, CRX, CLS, Stokas Bieri Real Estate

Jonathan D. Block, Esq., Honigman, LLP

Alfredo Casab, Esq., Dawda, Mann, Mulcahy & Sadler, PLC

Sara Chaiken, Great Clips, Inc.

Emily D’Agostini Kunath, Esq., D’Agostini Companies

Kevin A. Kernen, Stout Risius Ross, LLC

Mark P. Krysinski, Esq., Jaffe, Raitt, Heuer & Weiss, P.C.

Robert A. LaBelle, Esq., Williams, Williams, Rattner & Plunkett, P.C.

Jennifer MacKay, ShopOne Centers REIT, Inc.

Nicholas G. Maloof, Esq., Associated Environmental Services, LLC

Matthew D. Mason, Conway MacKenzie, Inc.

Patricia Meadows-Smith, First American

Justine K. O'Brien, Schostak Brothers and Co., Inc.

Karen R. Pifer, Esq., Honigman, LLP

Richard D. Rattner, Esq., Williams Williams Rattner & Plunkett, P.C.

Benji Rosenzweig, Colliers International

Anthony B. Schmitt, Mid-America Real Estate-Michigan, Inc.

Scott Sonenberg, Landmark Commercial Real Estate Services

Matthew B. Van Dyk, Esq., Miller Johnson

Peter Vanderkaay, Signature Associates

Kenneth W. Vermeulen, Esq., Honigman Miller Schwartz and Cohn, LLP

Michele Walton, Esq., Taubman Centers

Brian Whitfield, Colliers International

Michigan Continuing Education Program For Real Estate Professionals

THANK YOU TO OUR SPONSORS

Platinum

Gold

Silver ALRIG USABarnes & Thornburg, LLPCity of Sterling HeightsColliers International Couszens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.Dickinson Wright, PLLCFamily Farm & Home

First Commercial Realty & Development Company, Inc. Fried Saperstein Abbatt, P.C.The Hinman Company Imperium GroupInvestment Property Exchange Services, Inc.McDonald Hopkins

Saroki ArchitectureSegal McCambridge Singer & Mahoney Southfield Downtown Development AuthorityPetersen Law, PLLCVersa Development, LLCWarner Norcross & Judd, LLP

For the Love of Retail Real Estate: Embracing Change and Adapting for Success