Lerch Early’s real estate attorneys presented four sessions focusing on “Structuring Mixed-Use Projects,” “Tax Credit Financing 101 for Development Projects,” “Making Your Ground Lease Financeable,” and “Tax Deferred Exchanges Using Condemnation Proceeds.” Please find the presentation below.

1. Structuring Mixed-Use Projects

Developers have several alternatives when creating and operating a mixed-use project, such as using land condominium, master condominium, and sub-condominium regimes, ownership lots, air rights space or parcels, or some combination of these. Their benefit is that they provide a means for horizontal or vertical separation of the different portions of a mixed-use project for development, ownership, and/or financing purposes. Real estate attorney Sharon Craig will highlight the pros and cons of a few of these structures.

2. Tax Credit Financing 101 for Development Projects

This session will give an overview of the the fundamental concepts of federal tax credit programs, such as, the Low Income Housing Tax Credits (LIHTCs), New Market Tax Credits (NMTCs), and Historic Tax Credits, and how they can be combined with local tax credit financing programs. Real estate attorney Stephanie Smith will discuss:

  • The benefits for real estate developers in utilizing tax credit financing for development projects.
  • Basic challenges in structuring transactions with tax credit financing.
  • Possible solutions to overcome these challenges.

3. Making Your Ground Lease Financeable

While commercial loans are available for ground lease financing, tenants or ground lessees can make a lease financeable and attractive to lenders by including certain provisions. Commercial lending and real estate attorney Alison Rind will discuss:

  • Requirements and costs associated with recording a memorandum of lease and the leasehold deed of trust.
  • Documents executed by the landlord, lenders, and the borrower in connection with the financing.
  • Provisions that owners should incorporate in every ground lease when contemplating financing.

4. Tax Deferred Exchanges Using Condemnation Proceeds

Commercial transactions attorney Larry Lerman will give a brief comparison of the differences between an Internal Revenue Code 1031 like-kind exchange and an IRC 1033 condemnation exchange. He will give a brief summary of the requirements for each, including the leniencies in the IRC 1033 exchange that make it much easier to defer taxation on 1033 condemnation proceeds rather than on sales proceeds from a 1031 like-kind exchange.

Who Should Attend

  • Developers
  • Property Owners/Landlords
  • Property Managers
  • Lenders


3 PM-3:30 PM       |  Check-in and Networking
3:30 PM-5:30 PM  |  Program
5:30 PM-7 PM       |  Happy Hour


Parking in our building is extremely limited. Please plan on using one of the convenient public parking garages listed on the “Directions” tab at lerchearly.com/contact/.

About Lerch Early

Developers, commercial property owners, and investors turn to Lerch Early when they need to buy, sell, lease, or develop commercial real estate in the Washington, DC metropolitan area. Lerch Early’s attorneys help them close with the best mix of price, terms, and timelines essential to their core real estate and business strategies. With 60+ lawyers and more than half a century of experience in Maryland, the District of Columbia, and Northern Virginia, Lerch Early helps companies, nonprofits, and individuals rise to every challenge in business, real estate, litigation, and life.


Lerch, Early & Brewer
7600 Wisconsin Avenue, Suite 700
Bethesda, MD 20814


Name: Scott Pacheco


Email: [email protected]

Phone: 301-347-1268