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.
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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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