Essay Assignment
ESSAY 1:
Because of expansion and increasing rents in Portland, your employer has decided to build its own headquarters. The organization has always operated out of rented offices. The CEO has learned that you have completed a course in Real Estate Law and seeks your opinion:
CEO: "I understand you have a good working knowledge about real estate development. I'm getting a lot of contrary information from architects, contractors and our regular outside advisers and I want to make sure we make the right decision for us, going forward with this project. I'm confused about the nuts and bolts of how this all works. Write me up a memo that I can share with our board."
Required: Write a two-three page memo answering (label the answer a-b-c-d-e):
a. How the Design/Bid/Build process works, and include a discussion of whether this process has been common for both for-profit and non-profit real estate developments.
b. Why the Design/Bid/Build process is used (what advantages does it have for your organization?), but also what are its draw-backs (be specific)?
c. How the "Design/Build" process works, and explain its advantages and disadvantages (be specific).
d. Describing how the "Integrated Project Delivery" (IPD) process differs from the first two systems.
e. What you anticipate will be the most likely cause of construction dispute claims as the building is designed and built, and moved into.
ESSAY 2
Builder developed a small shopping mall in North Portland. After getting the stores fully rented, Builder sold the shopping center (both land and building) to Gary. The Builder also legally "assigned" (transferred) the store leases to Gary who became the tenants' new landlord.
Builder had some trouble finding tenants, especially for the largest space. A number of potential tenants looked at the space but turned it down. The building was set back far enough from the city street so there was room for both the sidewalk plus another ten feet of space. Builder decided to be creative and told Fran, the next potential tenant, that the city not only allowed by encouraged restaurants to operate outdoor tables in such spaces (this was a correct statement). Relying on this information Fran signed the lease with Builder and installed twenty outdoor tables between the restaurant and the sidewalk. Fran told the Builder in writing (by e-mail) she would not have signed the lease if it hadn't been for the outdoor table space. The outdoor dining was a big hit and quickly became the restaurant's most profitable feature. This use continued once Gary became the new building owner.
Two years later the city decided to install a bike path in front of the shopping center. After giving legally required notice the city negotiated with Gary to buy the twenty feet of land in front of the shopping center. The old sidewalk would become the new bike path and the table area would become the sidewalk. There would be no room for the outdoor tables; they would be replaced by the new sidewalk. The city also planned to seize 10 parking spaces next to the restaurant for trees and flowers.
Knowing the value of the outdoor dining, Gary refused to sell the property to the city. After negotiations failed, the cit ; legally condemned the land and seized it. The City hired a real estate appraiser who valued the strip of land (which includes 10 parking places) at $60,000, and the city mailed a check for the full amount to Gary who did not cash the check. The city proceeded to transform the existing sidewalk into a bike lane and excavated and built a new sidewalk on the land formerly occupied by the outdoor tables.
1. Gary has sued the city. He claims he is owned $600,000 for the strip of land, emotional distress, and violation of his due process rights under the US and Oregon state Constitutions. Gary claims that is an "illegal taking" of property by the government for a non-government use. Gary claims that strolling on a sidewalk is no more a governmental function than eating a meal at the restaurant. He also urged that maintaining trees and flowers is not a governmental function. Evaluate Gary's arguments.
2. Fran has sued Gary. She either wants to cancel her lese or lower the rental payments to $500 per month from the current $2,000 per month. Fran argues that she signed the lease not only on reliance on Builder's description of the outdoor dining area, but she informed Builder in writing by email that she would not have leased the space at all without the outdoor dining area. She also argues that the loss of the 10 parking spots near her restaurant warrants canceling the lease. Gary argues that he is not bound by any matters that occurred before he bought the building and there should be no cancellation or adjustment of the lease. Gary also argues that Fran should sue the city not him since he opposed the new sidewalk. Evaluate Fran and Gary's arguments.
3. The shopping center is located adjacent to an existing residential neighborhood. Although Fran's restaurant used state-of-the-art equipment and operated in compliance with all local health ordinances, on warm days when the restaurant was particularly busy, unpleasant odors were emitted from Fran's kitchen. The unpleasant odors caused discomfort to several homeowners living in the adjacent neighborhood. The homeowners sued both Gary and Fran for both public and private nuisance claiming that the smells interfere with their enjoyment of their properties. Will the neighbors' lawsuit be successful? against Gary, Fran, or both? Be specific.
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.