Development
The Development and construction of a golf, club or resort involves a myriad of issues. Addison Law is experienced in guiding developers through these issues, including:
- Title, survey and restrictive covenants
- Irrigation water rights, effluent agreements
- Environmental concerns
- Financing
- Zoning
- Marketing and membership documentation and structure
- Land use planning
- Special purpose development or tax districts
- Tax matters
- Employee matters
- Utility providers
- Construction contracts
- Operational permits
- Alcoholic beverage permits and licenses
Mixed use developments face a host of other complicated issues. Successful residential developments and resort projects often incorporate various country club and recreational facilities, including golf courses, tennis courts, swimming complexes, fitness centers, health spas, ski resorts, boating and marina operations, teaching schools, equestrian facilities, and other athletic facilities. In developing a master plan for a project, the relationship between property owners, members, non-property owner members, and members’ guests and resort guests, with respect to privileges and usage rights, must be carefully considered.
Addison Law provides the necessary advice and documentation required at the inception of the project to protect the developer and the club owner on a long-term basis in the area of easements, utilities, water, effluent, drainage, usage rights, future membership requirements, and various other relationships between the property development and the club or recreational facility, while maintaining the flexibility required for the development and sale of the residential lots adjacent to a financially and operationally viable club. The Firm’s broad range of experience provides the developers with the unique hands-on experience necessary to avoid the problems that have frequently been encountered in mixed-use projects with club and recreational facilities.
Addison Law’s proven expertise also enables the developer and the club owner to establish the structure and the documentation required to give the parties the option to have an orderly sale of the club or recreational facilities to the members, homeowners, or other third parties. The Firm provides the necessary documentation for membership and usage plans for equity and non-equity clubs and resorts, including club organization documents, membership bylaws, property declarations and restrictive covenants, homeowner and property owner association documents, membership agreements, usage agreements, mutual easements, and various other documentation required for the successful development and operation of a project.