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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, May 8, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will advise real estate practitioners on drafting reciprocal easement agreements (REAs) for retail and mixed-use developments and redevelopments, subdividing existing projects for investment sales, avoiding common pitfalls in preparing REAs, and utilizing best practices for updating existing REAs.

Faculty

Tal Diamant
Partner
Bryan Cave Leighton Paisner

Mr. Diamant is a Partner in the real estate practice group who focuses on leasing, acquisition/disposition, development, real estate partnership formation and financing work for a wide variety of assets. With an unsurpassed understanding of the market and his clients’ business strategies, he gets involved at the earliest stages of deal structuring and demonstrates the know-how necessary to assemble the best team for each client’s project. With over 25 years of experience in the industry, Mr. Diamant is more than legal counsel, he is a trusted advisor offering valuable insight on business decisions, legal matters and strategic issues.

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Gretta C. Spendlove
Shareholder, Board of Directors
Dentons Durham Jones Pinegar, PC

Ms. Spendlove is on the Board of Directors of Dentons Durham Jones Pinegar and practices in the Real Estate Section, the Business & Finance Section, and the Intellectual Property Section. She represents buyers and sellers in purchasing, selling, leasing, and developing commercial real estate; advises startups and established entities in creating, buying, selling, merging, and maintaining partnerships, limited liability companies, and corporations, as well as entering into a wide range of business contracts. She also handles intellectual property issues such as trademarks and copyrights.

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Description

REAs for retail and mixed-use projects create complicated contractual rights and obligations that impact the developer's, owner's, and retailer's ability to own, use, manage, sell, and finance property. Counsel must avoid pitfalls and conflicts to minimize disputes and operational problems when drafting or amending REAs.

Common elements of the agreements address critical business issues such as access, construction, shared parking, signage, and maintenance obligations. Other crucial terms include the process for amending the REA agreement and protection for the parties' lenders.

Retail development is transforming with the increase in demand for mixed-use projects and developers seeking opportunities to reconfigure obsolete space or rejuvenate older malls. This often requires updating and amending existing REAs or creating new ones.

Listen as our authoritative panel provides practitioners with a clear understanding of how to draft REAs for retail projects, avoid common drafting pitfalls, and amend existing documents.

Outline

  1. Standard REA provisions
    1. Easements
    2. Maintenance and repair of common areas
    3. Alterations and building restrictions
    4. Covenants and use restrictions
  2. Operational and practical issues
    1. Parking
    2. Costs for maintenance and operation
    3. Developer rights
    4. Site plans
    5. Litigation issues
    6. Big box/anchor tenant issues
    7. Signage
    8. Bankruptcy
  3. REA redevelopment issues
    1. Amendments
    2. Easements and "cross-shopping"
    3. Use restrictions

Benefits

The panel will review these and other crucial issues:

  • The fundamental components of REAs for retail development and mixed-use developments
  • Costly drafting errors that counsel most commonly make when drafting REAs
  • How to draft, analyze, interpret, and amend existing REAs