Governmental Services

Practice Description

The Leisure and Resorts Group has extensive experience in representing governmental and quasi-governmental bodies in the areas of tourism development, privatization of government owned facilities and public/private partnerships. Our principals have strong backgrounds in the multi-faceted concerns that governmental clients face in an ever-changing global environment. These include all aspects of development, special taxing districts, gaming, finance, land use, zoning and environmental controls, concession agreements, employment and labor, franchise and distribution and leasing.

As part of the client team, the Group acts in a number of capacities, providing sound counsel at every stage of development.  For example, we work with clients to discuss initiatives of a given project, establish goals, assist in hiring and evaluating specialized consultants and negotiate contracts.  We represent clients in licensing and permitting issues, joint venture agreements and interface with taxing authorities on tax credits and other fiscal incentives.  Our involvement in the many stages of a project brings continuity to the implementation process.

We understand the network of legal, cultural and political complexities that can impact a project and are skilled in handling these matter with the utmost sensitivity.

Our Governmental Services capabilities include the following:

Project Development:

  • Assist in identifying development objectives.
  • Negotiate land acquisition and expropriation agreements.
  • Assist in structuring resort development, including hotel, interval ownership, condo-hotel, meeting space, golf, tennis and marina.
  • Assist in planning and development of public assembly facilities and theme attractions, such as convention centers, aquaria and stadiums.
  • Assist in identifying selection of franchise and management companies and negotiation of contractual relationships.

Project Finance:

  • Assist it in identifying financing sources, including private sector and bilateral and  multilateral funding agencies.
  • Structure financing proposals and programs, including public financing and public and private credit enhancements of public debt.
  • Advise on restructuring debt and equity on tourism related projects.

Analysis of Legal Infrastructure:

  • Review existing legislation for adequacy to accomplish governmental objectives.
  • Advise on and draft legislation in areas such as:
  • Tax Increment Financing - Advise on use of development districts as a source of financing for infrastructure such as utilities, off site improvements and parking facilities. Review statutory and constitutional limitations on tax increment financing and prepare legislation.
  • Fiscal Incentives - Advise on ad valorem tax abatements, income tax credits for project equity investments, excise tax abatements and other fiscal incentives.
  • Timeshare and Vacation Clubs - Advise on alternative legislative structures for timeshare and vacation club programs and assist in preparing legislation.
  • Gaming - Assist in analysis of competitive posture of gaming laws, advise on legislative updates to gaming laws and assist in preparing amendments to existing statutes.
  • Land Use and Coastal Control Policy - Assist in the development of land use controls with special attention to coastal control and wetlands policies.
  • Labor Law - Advise on labor contracts and legislation; assist in establishing labor policy and drafting legislative amendments.

Representative Clients Have Included:

  • Government of the Island Territory of St. Maarten
  • Resolution Trust Corporation
  • The City of West Palm Beach
  • The Commonwealth of Puerto Rico
  • The Republic of Panama

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