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Resort and Leisure Development

For many years, Jones Waldo’s Resort and Leisure Development Practice Group has partnered with our clients to tackle the wide-ranging issues unique to the resort and leisure development industry. We regularly advise resort developers and owners’ associations. Jones Waldo’s broader experience in the commercial real estate development, construction, finance, water rights, environmental and natural resources, and litigation areas allows us to assemble a customized legal team to address the most challenging client needs by drawing upon the experience of these other practice groups when necessary.

The following list of recent matters illustrates the broad scope of our group’s knowledge and experience:


  • negotiating and documenting the purchase, sale, subdivision and financing of resort land, timeshare and condominium properties
  • negotiating and preparing development interdeveloper access and related agreements for resort, timeshare and condominium properties
  • preparing and interpreting condominium, PUD and timeshare declarations and related documents, including those relating to mixed (residential and commercial) uses
  • addressing corporate, tax and corporate governance matters on a day-to-day basis that are unique to owners’ associations and resort development
  • negotiating and documenting management and maintenance agreements, and design and construction agreements (including bid documentation)
  • handling (and recovering) assessments, including special assessments
  • addressing (and, as required, litigating) disputes among contractors, developers, owners and design professionals
  • handling regulatory matters, including timeshare registration
  • negotiating utility development and service agreements
  • handling matters relating to the development, financing and construction of resort amenities and infrastructure, including golf courses
  • preparing condominium, timeshare and fractional ownership and club membership documentation
  • handling matters before regulatory bodies, including land use, planning and zoning (including development and plat approvals), exactions and impact fees
  • advising on environmental issues, including evaluations, risk assessments and mitigation cleanups, brownfields, wetlands, permitting and related matters
  • investigating, acquiring and financing of water rights for resort development

Representative clients and transactions include:


  • Representation of a resort association in connection with the development of its amenities and infrastructure, as well as day-to-day matters relating to tax, financing, corporate, corporate governance, management, water acquisition, utility development and services, land use and regulatory matters
  • Representation of a nationally recognized resort developer in connection with its acquisition and development of resort property in Deer Valley, Utah
  • Representation of a national lending institution in connection with acquisition financing for a local ski resort
  • Representation of a local ski resort in connection with a loan refinancing
  • Representation of a national lending institution in connection with refinancing of loans for a local ski resort
  • Preparation of bid and construction agreements on behalf of an internationally recognized hotel and timeshare chain
  • Representation of owners and design professionals in connection with design and construction, and construction contract in disputes relating to a hotel in Salt Lake City and a northern Utah ski resort


Attorneys
Glen D. Watkins (Group Leader)
Tom Berggren
Gregory L. Cropper
Robert C. Dillon
Paul M. Harman
Lucy B. Jenkins
Rick L. Knuth
Kyle V. Leishman
James W. Peters
Susan B. Peterson
Keven M. Rowe
Marianne G. Sorensen
J. Blake Terry