2017 Annual Conference


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HEREL 15 – September 25 & 26, 2017
Higher Education Real Estate Lawyers 15th Annual Conference

Monday, September 25, 2017

8:00 – 8:45 a.m.

Arrival, Registration and Breakfast:
Wharton San Francisco, Hills Bros Plaza,
2 Harrison Street, 6th Floor

8:45 – 9:00 a.m.

Welcome: – Bernadette Birt, Exec Director Wharton San Francisco

9:00 – 10:15 a.m.

Session 1: Real Estate Tax Exemption – The Princeton Case
Presenter:  Hannah S. Ross, General Counsel, Middlebury College

Ms. Ross will discuss the recently settled litigation challenging Princeton University’s exemption from real estate tax, focusing on the legal theories underlying the challenges presented by the plaintiff’s and Princeton’s response.  

10:15 – 10:30 a.m.


10:30a.m. – 12:00 p.m.

Session 2:  Managing Fraternity Real Estate – Legal, Risk Management and Property Management Challenges

Roman Petyk, Associate General Counsel, University of Pennsylvania
Edwin D. Datz, Real Estate Director, University of Pennsylvania
Benjamin Evans, Executive Director, Office of Risk Management and Insurance, University of Pennsylvania

Fraternity and sorority occupancies in University owned/managed buildings create complex and interrelated legal, risk management and property management challenges. This session will focus on strategies to address these. concerns

12:00 – 1:00 pm

On-site - Wharton San Francisco – dining room

1:00 – 2:30 p.m.

Session 3: Adressing the Legal Challenges of Design Build Contracts

Paul Sugar, Senior Counsel, Baker Donelson.
Michael Schollaert, Shareholder, Baker Donelson

This session will focus on the key elements of the design/build relationship and the challenges it presents to Owners accustomed to the conventional Owner/Architect and Owner/Contractor structure for procuring design and construction services. 

2:30 - 3:00 p.m.

Board bus and travel to The Presidio

3:00 – 4:15 p.m.

Walking Tour of Presidio
Guide/Escort: Mark Zuffo, Real Estate Leasing at The Presidio Trust

4:30 – 5:40 p.m.

Session 4: Presidio –Adaptive Reuse Case Study
Presenter:  Joshua Bagley, Associate Director of Business Operations for Real Estate Development, The Presidio Trust

This session will discuss ongoing redevelopment of The Presidio, a historic 1480 acre decommissioned military base located at the foot of the Golden Gate Bridge in San Francisco and jointly administered by the National Park Service and The Presidio Trust.

5:45 – 6:45 p.m.

Cocktails - The Arguello Restaurant - Presidio Officers’ Club

6:45 – 8:45 p.m.

Seated Dinner - The Arguello Restaurant –Presidio Officers’ Club

9:00 p.m.

Return by bus to:

Marriott Courtyard San Francisco Downtown Hotel
299 2nd Street
San Francisco, CA

Tuesday, September 26, 2017
Wharton San Francisco, Hills Bros Plaza,
2 Harrison Street, 6th Floor

8:00 – 9:00 a.m.

Breakfast and HEREL Business Meeting
On-site - Wharton San Francisco – dining room

9:00 – 10:30 a.m.

Session 5: Structuring Campus Infrastructure Investments to Maximize Institutional Flexibility
Moderators: Bruce J. Baker, Partner and Michael J. Cooney, Partner - Nixon Peabody, LLP

Kevin R. Wayer, Co-President, Public Institutions, Jones Lang LaSalle
Rick Beyer, Managing Principal, AGB Institutional Strategies, and Mark Meredith, Senior Counsel, University of California, Office of General Counsel

This session will discuss development and financing structures that allow institutions to maximize flexibility in response to uncertain political and economic conditions and thus reduce the financial exposure of infrastructure investments.

10:30 – 10:45 a.m.


10:45 a.m.  – 12:15 p.m.

Session 6: Section 179(D) – Energy Efficiency Tax Credits

Tiffany Melchers, Associate General Counsel, University of Houston
William Volker, President, Efficiency Energy

This presentation will discuss how non-taxpaying government building owners may derive additional revenues/savings from energy efficient new construction and lighting/HVAC/envelope retrofits of government-owned buildings via transferable 179D tax deductions.  The program will feature discussion of applicable projects, documentation, and negotiation with relevant case studies

12:15 p.m.

Formal Sessions Adjourn

12:15 – 1:30 p.m.

On-site - Wharton San Francisco – dining room
informal group discussion by topic