Practices and Industries

Attorneys

Hotel and Resort Development

The firm's hospitality practice is a nationally and internationally recognized industry leader, handling more than $10 billion in client transactions throughout the U.S. and Canada in recent years. The firm’s experience includes a full range of legal services including, but not limited to:

Property Acquisition & Development: Clients include hotel and resort developers and owners. We take them through every phase of their acquisition, financing, development, operation and disposition of their hotel/resort asset. On behalf of the hotel or resort owner, the firm negotiates ground leases, air rights leases, parking and concession agreements and operating, management and franchise agreements with major brands and national operators. Developer clients work with the firm on comprehensive planning and historic preservation, zoning, platting, variances and appeals, special use permits and all other related legal needs. We handle all areas of land use and development, zoning, developments of regional impact, concurrency and consistency issues under Florida’s comprehensive planning laws and all aspects of environmental laws. Clients benefit from the firm's wide network of contacts within the governmental and regulatory agencies at federal, state and local levels to assist in obtaining information and processing land use approvals and resolving environmental problems. The firm's attorneys have designed environmental underwriting guidelines for our clients that balance the need to acquire property with the requirements of avoiding environmental clean-up liability.

Financing: We have expertise in the negotiation and documentation processes involved in institutional financing for the acquisition, construction and operation of hotel, timeshare and resort properties. Our experience includes conventional financing as well as creative financing, including syndicated partnerships and REITS, and securitized financing. The securities and tax attorneys join the team to ensure that all tax and securities aspects of such financing transactions are managed properly and effectively on behalf of our clients.

Hotel & Resort Operations: We routinely negotiate ground leases between land owners and the owners of hotel and resort improvements; management, franchise and other operating agreements between hotel owners and major brands or national or international operators such as Marriott, Hyatt, Hilton, Intercontinental, Starwood, Interstate and others; franchise agreements between owners and franchisors; golf course management and play agreements; amenities agreements for resort properties; intellectual property licensing agreements; retail restaurant leases and licensing agreements; and the myriad of operating agreements which are necessary to effectively and efficiently operate hotel and resort properties including subleases, landscape and maintenance agreements, service agreements, asset and management agreements. We are also experienced in drafting, negotiating and enforcing convention service agreements and facility use agreements, processing challenges to ad valorem tax assessments and defending personal injury claims. Experience includes procurement agreements, formulation and implementation of revenue management strategies, negotiation of sales, group and meeting contracts and all other aspects of hotel operations.

Alcoholic Beverage Licensure & Regulation: The firm provides clients with statewide and national representation and assistance in connection with all aspects of alcoholic beverage licensure and regulation. In the area of hospitality services, our beverage licensure practice focuses largely on assisting clients to obtain, maintain and transfer appropriate licensure for the retail sale and consumption of alcoholic beverages. The firm has substantial experience in connection with beverage services agreements allowing for a third party to hold the liquor license for hotel and resort operations. We also provide our clients with counsel and, should the need arise, with legal representation regarding regulatory compliance issues arising at state and local levels.

Labor & Employment Law: We serve the hospitality industry by providing clients with labor and employment law counsel in all areas of employee relations. The firm represents management in proceedings before the EEOC and Florida Commission on Human Relations, as well as in litigation in federal and state courts in defense of discrimination claims of any variety. The firm also handles wage and hour investigations by the Department of Labor or litigations involving wage claims. We also regularly draft employment agreements or litigate non-compete cases and offer strategies for remaining union-free.

Timeshare Services: The attorneys in the timeshare services group have extensive experience in all aspects of timeshare and transactional ownership development and provide a full range of legal counsel in this area including registration, sales and marketing, contracts and closings, financing, hypothecation, owner association and resort management and operation.

Condo Hotels: The firm has handled all aspects of condo hotel projects for a number of developers. We provide expertise in creating and filing the condominium documents and in drafting amenity agreements, operating and management agreements, rental management agreements and restrictive covenants.

International & Domestic Taxation: The firm's legal counselors provide coordination with in-house tax departments and other outside tax services including foreign counsel, national accounting firms and other advisors. With a great deal of experience in structuring financings, acquisitions, mergers and other significant hospitality industry transactions, clients benefit in all aspects of federal, state and local tax laws regarding both domestic and foreign entities.

Americans with Disabilities Act: Clients receive counsel regarding their liabilities and responsibilities under this law as well as state and local disabilities laws. Hospitality clients are particularly affected by construction and renovation standards under the ADA and the firm provides client noncompliance defense when the need arises.

Design & Construction: Hotel and resort development attorneys at the firm have extensive experience drafting, negotiating and enforcing design and construction agreements necessary for the development and construction of hotels and resorts. Firm attorneys stay abreast of recent legislative developments affecting, for example, construction defect claims, indemnification claims, and warranty claims, in order to structure design and construction agreements to be both protective of the developer and enforceable under Florida law.

Representative Clients:

MSR Hotels & Resorts, Inc./CNL Hotels & Resorts, Inc.
CNL Lifestyle Properties, Inc.
Inland American Real Estate Trust, Inc.
Grand Cypress Florida
Starwood Vacation Ownership (Vistana Development, Ltd.)
Omni Orlando Resort at ChampionsGate
Hilton Orlando Convention Hotel
KUD International, LLC (Developer of Waldorf-Astoria and Hilton Hotels)
Gaylord Palms
Celebration World Resort
Sheraton Hotels, Inns & Resorts
Marriott International, Inc.
Fairfield Communities, Inc.
Tishman Hotels Corp. (Walt Disney World Dolphin and Swan Hotels)
Patriot American Hospitality, Inc.
Wyndham, International
The Peabody Orlando
Wyndham Vista Royal Hotel
Carlton Hotels, LLC

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