Law Seminars International Presents

A One-Day Advanced Workshop on

Development Agreements, Easements and CCRs

Uses and Considerations in 2008

February 15, 2008
Hyatt Regency Phoenix Hotel in Phoenix, AZ
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

Expanding popularity in the use of easements, and special considerations involved with designing those easements, make this seminar particularly salient. Our experienced faculty will provide sophisticated, insightful and practical information on drafting instruments related to easements as well as developer agreements and CCRs. Complexities arising from even basic terminology will be discussed in detail, allowing less experienced practitioners to come up to speed quickly. We will address issues associated with mixed-use and condominium developments and projects involving local governments and state lands and provide examples, emphasizing drafting and problem solving techniques. This program is a "sine qua non" for anyone working in the modern real estate arena. ~~Program Co-Chairs: Rebecca Lynne Burnham, Esq. and Donald E. Dyekman, Esq.

What You Will Learn

~Standards for implementing CCRs and easements ~Litigation: Biggest problem areas; best approaches for solving them ~Developer and government perspectives on development agreements ~The state's vision and policy perspective on major developments on state lands ~Mixed-use development case studies ~Drafting tips for operating agreements ~CCRs for condominium developments ~Title issues and practical tips from a title insurance perspective


Friday, February 15, 2008

8:30 am Introduction and Overview
  Rebecca Lynne Burnham, Esq., Program Co-Chair
Greenberg Traurig, LLP / Phoenix, AZ
  Donald E. Dyekman, Esq., Program Co-Chair
Mariscal, Weeks, McIntyre & Friedlander, P.A. / Phoenix, AZ
8:45 am Issues Arising from the Similarities and Differences between CCRs and Easements and Uncertainty over the Best Approach to Take
  How are they different? What standards are used on how they are implemented?
  David A. Barksdale, Esq.
Ballard Spahr Andrews & Ingersoll, LLP / Las Vegas, NV
9:30 am Litigation of Disputes Over Easements and CCRs
  The biggest problem areas; drafting lessons; best approach for resolving issues of intent with poorly drafted documents; case studies of costly mistakes resulting in expensive tear-downs, and tips for avoiding those types of problems
  Scott A. Holcomb, Esq.
Mariscal, Weeks, McIntyre & Friedlander, P.A. / Phoenix, AZ
10:15 am Break
10:30 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 Developer perspective
  Rebecca Lynne Burnham, Esq., Program Co-Chair
Greenberg Traurig, LLP / Phoenix, AZ
  Government perspective
  Stephen M. Kemp, Esq., City Attorney
City of Peoria - Office of the City Attorney / Peoria, AZ
12:00 pm Lunch (on your own)
1:15 pm The State's Vision and Policy Perspective on Mixed-Use and Other Major Developments on State Lands
  The Hon. Mark Winkleman, Esq., State Land Commissioner
Arizona State Land Department / Phoenix, AZ
2:00 pm Mixed-Use Development Case Studies
  The Kierland project
  Charles M. King, Esq., Director
Fennemore Craig P.C. / Phoenix, AZ
  The Macerich projects
  Nancy S. Rendos, Esq., Vice President/Senior Real Estate Counsel
The Macerich Company / Excelsior, MN
3:00 pm Break
3:15 pm Drafting Tips for Operating Agreements for Mixed-Use Developments
  Avoiding conflicts over different uses for common areas (residential vs. commercial); managing parking ratios for different constituencies after a change in use
  Charles M. King, Esq., Director
Fennemore Craig P.C. / Phoenix, AZ
4:00 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
4:45 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., Senior Vice President and General Counsel
Stewart Title & Trust of Phoenix / Phoenix, AZ
5:15 pm Evaluations and 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 Friday, February 8, 2008. 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 6.75 AZ CLE and 6.5 NV CLE credits. Real Estate, Appraisal and AICP applications for credit are pending. Upon request, we will apply for CLE credits in other states and other types of credits.


The workshop will be held at the Hyatt Regency Phoenix Hotel at 122 North Second Street in Phoenix, AZ. Call the hotel directly at (602) 252-1234 for reservations at the special negotiated rate of $259/night and mention that you are attending a Law Seminars International workshop. 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

Rebecca Lynne Burnham, Program Co-Chair, shareholder at 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. She also represents real estate industry associations in connection with legislative and public policy matters. She 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.

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

David A. Barksdale, partner with Ballard Spahr Andrews & Ingersoll, LLP in the Real Estate Department, focuses on real estate development, finance and construction and secured finance. He was general counsel and vice president of Triple Five National Development Corporation, a national real estate development company, as well as general counsel and vice president of Nevada Title Company and senior vice president of its affiliated title insurance underwriter, Westcor Land Title Insurance Company.

Scott A. Holcomb, partner at Mariscal, Weeks, McIntyre & Friedlander, P.A., focuses on complex commercial litigation, with 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. He is a contributing writer and editor for "Arizona Construction Law."

Stephen M. Kemp is City Attorney for the Office of the City Attorney of Peoria, Arizona.

Charles M. King, director at Fennemore Craig P.C., focuses on real estate law with an emphasis on commercial development. He is a contributing editor to the "State Bar Commercial Real Estate Transaction Practice Manual" and is listed in "Best Lawyers in America" for Real Estate Law.

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

Nancy S. Rendos, Vice President/Senior Real Estate Counsel for MACERICH, practices in retail leasing and shopping center development, provides counsel to the management, development, operations and leasing departments and participates in company task forces for new initiatives. Previously she was in house counsel with General Growth Management, Inc. and Funco, Inc.

Mark Winkleman, State Land Commissioner, Arizona State Land Department, manages more than nine 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 $1.7 billion dollars. The vast majority of these monies will go to benefit the State of Arizona's educational system.