Law Seminars International Presents

A One-Day Advanced Workshop on

Development Agreements, Easements & CCRs

Uses and Considerations in Today's World

January 31, 2007

Due to the overwhelming popularity of this program, we have had to move it to the
Four Points Sheraton Metrocenter Hotel
10220 N. Metro Parkway East
Phoenix, AZ 85051
(602) 997-5900

Register      Download PDF Brochure

Who Should Attend

Attorneys, lenders, owners, managers, brokers, real estate developers, tribal representatives and others who are involved in real estate transactions

Why Attend

The recent expanding popularity in the use of easements, and special considerations involved with designing those easements, make this seminar particularly salient. This program will provide sophisticated, insightful and practical information on drafting instruments related to easements as well as developer agreements and CCRs. Complexities arising with even basic terminology will be discussed in detail, allowing less experienced practitioners to come up to speed quickly. The program addresses the issues associated with mixed-use developments and condominium conversions and includes both government and developer perspectives on the nuts and bolts of development agreements. Our distinguished faculty will thoroughly discuss more complex nuances of agreements including easements and provide an in-depth presentation on the Desert Ridge project. This program is a sine qua non for anyone working in the modern real estate arena. ~ Program Co-Chairs: George T. Cole, Esq. and Donald E. Dyekman, Esq.

What You Will Learn

THIS SEMINAR ADDRESSES: --The best fit for easements, leases, licenses or covenants --Litigation: the biggest problem areas; the best approaches for solving them --Development agreements: nuts and bolts --CCRs for condo developments --Operating agreements for mixed use developments --Title issues in easements and CCRs --Projects involving state lands

What Attendees Have Said About Similar Programs

~ "[LSI] provide(s) in-depth, focused seminars on fairly narrow topics, rather than an overview. This is important for someone actually hoping to learn something at a conference (as opposed to just racking up some CLE hours)." --Marti Anamosa ~ Lively discussion. Very interesting. ~ I like the real life examples that were provided. ~ Great panel, great topics, great seminar. Thank you for your commitment to providing us with world class education opportunities.


Wednesday, January 31, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  George T. Cole, Esq., Program Co-Chair
Fennemore Craig P.C. / Phoenix, AZ
  Donald E. Dyekman, Esq., Program Co-Chair
Mariscal Weeks McIntyre & Friedlander P.A. / Phoenix, AZ
8:45 am Issues Arising from Uncertainty over Basic Terminology (e.g. Calling the Document an Easement vs. a License)
  The difference between easements, leases, licenses and covenants: Which concept best fits the circumstances? Do you need to explicitly define terms such as ingress and egress?
  George T. Cole, Esq., Program Co-Chair
Fennemore Craig P.C. / Phoenix, AZ
9:15 am Litigation of Disputes Over Easements and Covenants Codes & Restrictions (CCRs)
  The biggest problem areas; Where should we put our attention? Drafting lessons? Best approach for resolving issues of intent with poorly drafted documents
  Scott A. Holcomb, Esq.
Mariscal Weeks McIntyre & Friedlander P.A. / Phoenix, AZ
10:00 am Break
10:15 am Developer and Government Perspectives on Development Agreements
  The legal nuts and bolts: essential clauses; concepts that do and do not work well; what's been litigated and lessons from those cases; donations and contributions for school sites, fire stations, etc.; finding workable solutions for everyone involved
  Developer perspective
  Rebecca Lynne Burnham, Esq.
Greenberg Traurig LLP / Phoenix, AZ
  Government perspective
  The Hon. Mark Winkleman, Esq., State Land Commissioner
Arizona State Land Department / Phoenix, AZ
12:00 pm Lunch (on your own)
1:15 pm CCRs for Condominium Developments
  Conversion issues: best approaches; common issues and tips for finding the best solution for the project
  Donald E. Dyekman, Esq., Program Co-Chair
Mariscal Weeks McIntyre & Friedlander P.A. / Phoenix, AZ
2:00 pm Operating Agreements for Mixed Use Developments
  Different uses for common areas (residential vs. commercial); managing parking ratios for different constituencies after a change in use
  Craig D. Tindall, Esq., City Attorney
City of Glendale / Glendale, AZ
  Mary S. Alexander, Esq., Vice President and General Counsel
DMB Associates, Inc. / Scottsdale, AZ
3:15 pm Break
3:30 pm Title Issues in Easements, Development Agreements and CCRs
  Practical tips from a title insurance perspective; how to handle problems and the creative use of title insurance/endorsements to do just that
  John T. Lotardo, Esq., Vice President and General Counsel
Stewart Title & Trust of Phoenix Inc. / Phoenix, AZ
4:15 pm Special Issues for Projects Involving State Lands
  Case study of the Desert Ridge project
  Michael J. Phalen, Esq.
Fennemore Craig P.C. / Phoenix, AZ
5:00 pm Evaluations & Adjourn


Regular tuition for this program is $595 with a group rate of $520 each for two or more registrants from the same firm. For government employees, we offer a special rate of $445. For students and people in their job for less than a year, our rate is $297.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Thursday, January 25, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 6.5 AZ CLE credits. Real Estate, Appraiser and AICP credit applications are pending (provided by Professional Advancement School). Upon request, we will apply for CLE credits in other states.


The workshop will be held at the Four Points Sheraton Metrocenter Hotel at 10220 N. Metro Parkway East in Phoenix, AZ 85051 USA. Call the hotel directly at (602) 997-5900 for room rates and availability. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $605. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

George T. Cole, Program Co-Chair, is a director at Fennemore Craig P.C. and is Chair of the firm's Commercial Section. He practices primarily in the areas of real estate acquisition and development, with emphasis on planned communities, resort and golf-oriented projects. His work includes purchase and sale agreements, condominium declarations, fractional interest programs, and declarations of covenants, conditions and restrictions. Mr. Cole is listed in "Who's Who in America," "Who's Who in American Law," "Who's Who in the West," and "Best Lawyers in America" in Real Estate Law, 2006.

Donald E. Dyekman, Program Co-Chair, is a shareholder with Mariscal Weeks McIntyre & Friedlander P.A., where he practices in the area of community association law. He represents developers of new condominiums and planned communities and developers of condominium conversions. Mr. Dyekman has drafted the CC&Rs and other governing documents for condominiums and planned communities and has represented condominium and homeowner associations.

Mary S. Alexander, Vice President and General Counsel for DMB Associates, Inc., oversees legal and risk management matters and provides guidance, training and legal support for DMB's properties and operations. She is former Associate General Counsel, Del Webb Corporation and Pulte Homes Inc.

Rebecca Lynne Burnham, shareholder, Greenberg Traurig LLP, is the Real Estate Practice Group Manager in the Phoenix Office. She represents real estate development interests in connection with the acquisition, planning, development, financing, operation and sale of real estate developments and also represents real estate industry associations in connection with legislative and public policy matters. Ms. Burnham is listed in "Chambers & Partners USA Guide 2007," "The Best Lawyers in America 2007" in Real Estate Law and Land Use and Zoning Law, and in the "Phoenix Business Journal" as a Leading Lawyer.

Scott A. Holcomb, partner, Mariscal Weeks McIntyre & Friedlander P.A., focuses on complex commercial litigation, with an emphasis on real estate, title insurance and construction related disputes. His practice spans nearly all aspects of commercial litigation as well as the preparation of construction and real estate contracts and documentation. Mr. Holcomb served as a contributing writer and editor for "Arizona Construction Law."

John T. Lotardo, aka the "TITLEMAN(TM)", is Senior Vice President and General Counsel for Stewart Title & Trust of Phoenix Inc., and State Underwriting and Claims Counsel for Stewart Title Guaranty Company, where his practice entails all aspects of real estate and civil proceedings. He has been editor for the "Real Property Journal" for the State Bar of Arizona, and author of numerous columns including "Ask the TITLEMAN(TM)."

Michael J. Phalen, director with Fennemore Craig P.C., practices in real estate law, focusing on all aspects of land development such as land use entitlements, zoning, condemnation, and governmental relations, with specialization in land transactions that involve state and other government lands. Experienced in public land issues, Mr. Phalen is the former Assistant Attorney General in the Land and Natural Resources Section of the Arizona Attorney General's Office.

Craig D. Tindall, City Attorney for the City of Glendale, Arizona, represents the City in all legal proceedings and is chief legal adviser of all City officers, departments and agencies and of all officers and employees in matters relating to their official powers and duties. He has published articles in several professional journals on various topics including municipal law, employment law, privacy, professional responsibility, and writing. He also has taught graduate courses in business law and ethics.

Mark Winkleman, State Land Commissioner, Arizona State Land Department, manages over 9 million acres of State Trust land. Since his appointment in 2003, the Land Department has disposed of properties through competitive auctions in an amount in excess of $900 million dollars. The vast majority of these monies will go to benefit the State of Arizona's educational system.