Development of Industrial Real Estate and Distribution Centers
Permitting and Zoning, Supply Chain and Force Majeure, Rights of First Refusal

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Real Property - Transactions
- event Date
Thursday, September 22, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will advise real estate counsel on the current legal issues in industrial properties. The panel will discuss trends in this surging area of real estate related to the expansion of e-commerce, warehousing, and logistics facilities. The panel will address the concerns with zoning and permitting, material shortages, supply chain issues related to force majeure in contracts, negotiating rights of first refusal, economic development incentives and community push back.
Faculty

Mr. Curry’s broadly based transactional practice concentrates on commercial real estate sales, acquisitions, leasing and development, and in the burgeoning area of economic development. Specific transactions include counseling major corporations in the fields of telecommunications, barcode technology, medical devices, pharmaceuticals manufacturing, food manufacture and distribution, internet content, and other technology-driven fields in the acquisition or disposal of headquarters sites, manufacturing facilities, and warehouse and distribution centers in all areas of the United States. Mr. Curry is counsel to the Commercial Industrial Brokers Society of Long Island (CIBS). He has frequently lectured on Continuing Legal Education course panels for the New York State Bar Association, and before various attorneys, accountants, and business panels.

As a member of the firm's real estate team, Mr. Dishell focuses on transactional matters including industrial acquisition, disposition, and development, and work related to multifamily assets. He is passionate about advanced energy matters and regularly advises clients on solar leasing and development.

Ms. John-Basta is a member in the firm’s Real Estate, Development & Land Use Group. She has over 15 years of experience representing both municipalities and private developers throughout the local and outside agency land use and redevelopment entitlement process. Ms. John-Basta regularly appears before governing bodies, planning boards and zoning boards of adjustment on behalf of developers in connection with applications for site plan, subdivision, variances and zoning interpretations. Her practice also heavily concentrates on guiding developers through the redevelopment process. This process entails working closely with municipal government to designate areas in need of redevelopment, adoption of redevelopment plans, negotiation of redevelopment agreements and the entry into long-term and short-term tax abatement agreements. Ms. John-Basta is the co-author to the most preeminent treatise on land use and zoning in the state, entitled the New Jersey Zoning & Land Use Administration, 2015-2022 Editions.
Description
Industrial real estate is a portion of the market that continues to expand with the growth of e-commerce, warehousing, and logistics facilities--the recent economic crisis further impacted COVID-19 pandemic issues. The current buildout of industrial facilities should create more inventory over the next year, but the market remains tight due to supply chain disruptions.
Real estate developers looking to enter the industrial market must consider the issues with zoning and permitting, particularly as prime locations are acquired for other development.
Industrial development is also subject to the current economic woes related to material and labor shortages. Due to the supply chain problems, real estate attorneys working on industrial development should review force majeure provisions to ensure clients have the most robust protection possible. Clients interested in accessing economic incentives must comply with municipal regulations and be prepared for community push back.
When negotiating for industrial development properties, clients should negotiate the right of first refusal, as developers have increasingly wanted to realize near-term gains on developments.
Listen as our expert panel discusses current industrial real estate development trends and what attorneys negotiating deals to acquire and develop such properties must consider.
Outline
- Industrial real estate development
- Warehouses, e-commerce, and logistics facility needs
- COVID-19
- Supply chain issues
- Zoning and permitting
- Force majeure provisions
- Right of first refusal
- Other best practices
- Warehouses, e-commerce, and logistics facility needs
Benefits
The panel will discuss these and other relevant topics:
- How has COVID-19 and the economic crisis affected industrial real estate development?
- What do industrial real estate developers need to consider regarding permitting and zoning?
- What should a force majeure provision in an industrial real estate deal include?
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