2018 Housing California Annual Conference
Sacramento Convention Center
March 7-9, 2018
“The Whole Caboodle: Understanding the Legal Documents in a Multi-family Housing Closing”
Pre-Conference Institute
Wednesday, March 7, 2018
Presenters: Isabel Brown, William DiCamillo, Elizabeth Klueck
Each affordable development project has a voluminous set of loan documents, such as loan agreements, regulatory agreements, promissory notes, deeds of trust, and assignment agreements from multiple lenders. In addition, there may be documents that govern the ownership structure, such as an operating agreement and a partnership agreement with an investor, plus other documents. Then, throw in architect and construction contracts, and there are enough documents to make your head spin! At best, it is a headache to read through all these documents. At worst, they contain pages and pages of legalese so intimidating and confusing that the documents are ignored. This workshop will unravel the mystery of all this paper so that you can understand why these documents are so important and what they do. It will also help you get a handle on how to review and negotiate these documents so that you can communicate your organization’s goals to your lenders, attorneys, and other key participants in the deal.
“All the Right Moves: Leveraging State Laws to Get Through the Approval Process”
Workshops – Session II
Thursday, March 8
Presenters: Barbara Kautz, Eric Phillips
On the last day of the 2017 session, the California Legislature passed over one dozen bills in a landmark package developed together with Governor Jerry Brown’s office. These bills, along with other recent legislative actions and court decisions, will require each city and county to change the way it processes housing applications. This workshop will focus on new and existing tools in state law that can be used to move a proposed project through the development process, clear CEQA hurdles, and get to approval.
“SMACKDOWN! The Owner and Contractor Negotiate the Construction Contract”
Workshops – Session IV
Friday, March 9
Presenters: William DiCamillo, Isabel Brown
Do construction contracts matter? It’s just a standard form with boiler-plate stuff, and all we need to think about is the contract sum and the schedule, right? Unfortunately, a construction contract is loaded with provisions that could potentially lead to shocking results. This “no-holds-barred” panel will discuss the most significant provisions from both the owner and contractor perspectives, and will highlight some hidden risk allocation provisions and other clauses that appear harmless but, in fact, fundamentally alter the owner’s expectations.