Hospitality: Hotels and Resorts

Practice Description

Success in today's dynamic hotel and resort business requires expert guidance from experienced players. The Leisure and Resorts Group has handled the full spectrum of issues that owners, operators, investors and lenders encounter in this highly specialized industry. Our principals take a comprehensive approach to representing hospitality clients, combining talent and knowledge in development, finance, privatization, disposition, asset resolution, employment and labor, technology, franchise/management and equipment leasing.

The Leisure and Resorts Group has been on the forefront of trends that have shaped the industry globally. We bring together a rare combination of experience and perspective acquired through involvement in a wide range of hotel and resort matters worldwide. We have been actively counseling clients throughout the United States, the Caribbean, Latin America, Canada, Europe and Asia for decades. This diverse experience gives the Group an integral understanding of the complex interrelationships which make a project successful.

The Group's capabilities encompass the following areas:

Hotel and Resort Owners and Developers:

  • All aspects of management agreements, franchise agreements, purchase and sale agreements and other contractual needs for owners, operators and developers of resorts, hotels, restaurants and clubs;
  • Representation in the areas of land acquisition, development, construction and financing;
  • Representation and training for owners and operators on employment issues such as sexual harassment, union avoidance, drug testing and equal employment opportunity training for supervisors;
  • Counsel to hotel and resort property owners regarding health and safety, and hiring and firing issues;
  • Advice regarding unionized properties and labor agreements in the sales and acquisitions of hotels and resorts.

Governments and Government Agencies:

  • All aspects of hotel property disposition including preparing bid procedures and form contracts, managing the bid process, assisting in selecting  preferred bidders, negotiating purchase and sale  agreements and closing transactions;.
  • Counsel involving tax incentives and other government incentive programs, including government guarantees of debt, credit enhancement by government and public/private partnerships for infrastructure and amenities development, such as convention centers, golf courses, water and sewer plants, roads, and theme attractions;
  • Drafting timeshare and vacation club laws, tourism development, special taxing districts and gaming laws.

Financing:

  • Representation of both borrowers and lenders in construction financings, acquisition financings and multi-party joint ventures;
  • Representation of governmental agencies in preparing guidelines and procedures and handling major transactions with leading hotel companies;
  • Debt restructuring for hotel and resort properties;
  • Representation of Federal agencies in the disposition of hotel properties and handling portfolio sales, individual asset sales, silent auctions, open outcry auctions and negotiated sales;
  • Counsel in the areas of mortgage foreclosures, bankruptcies, environmental and labor law issues.

The principals in the Leisure and Resorts Group are active as leaders in nationally recognized professional associations such as ARDA, ULI, Resort Forum, National Realty Committee and International Bar Association.

As the business and legal issues for hospitality clients becomes increasingly complex, we stand ready to provide innovative responses to help our clients meet their objectives.

Representative Clients Have Included:

  • Boca Raton Resort and Club
  • The Breakers Hotel, Palm Beach
  • Government Development Bank for Puerto Rico
  • Hyatt Dorado Beach/Hyatt Cerromar
  • The Republic of Panama
  • Resolution Trust Corporation
  • Starwood Capital Group and Starwood Lodging Trust
  • Puerto Rico Tourism Company
  • Patriot American Hospitality, Inc

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