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Hospitality and Resort Property

Practice Areas

Hotel and Resort Development Hotel and Resort Management Agreements Hotel Purchase and Sale Timesharing

Group Description

The Lodging and Resort Property Group provides a full range of legal services to hotel, resort condominium, vacation ownership and subdivision developers, owners, operators, lenders, ground lessors, master resort, condominium and homeowner associations and their managing agents, land and ocean activity providers, restaurants, and other businesses in the travel and tourism industries. The firm has been involved in some capacity in many, if not most, of Hawaii's major hotel and resort developments. We have been privileged over the years to represent the two largest Hawaii-based hotel companies, three of the four largest condominium resort rental companies, one of the major vacation ownership companies, many hotel and resort condominium owners and managers (both domestic and international), resort community associations, lenders, and several major destination resort development companies. We have represented the developers of thousands of units of resort condominiums and subdivisions, having completed projects on each of the state's six major islands, as well as the developers of some of Hawaii's largest and best known hotels. We have also represented numerous visitor industry businesses ranging from activity providers to restaurants, as well as major Hawaii based tourism-related trade groups. Our substantial experience with lodging and resort properties has included: Hotel and resort development We have represented clients in the development of luxury and other resort hotels, condominium/hotels and subdivisions located on vacant property or property committed to other uses in resort areas throughout the State of Hawaii. Such development requires specialized knowledge of land use and zoning matters (including shoreline and coastal zone management laws such as special management area permits and shoreline setback variances, appearances before the State Land Use Commission, the Board of the Department of Land and Natural Resources and the counties' Planning Commissions and Board of Appeals); creation of easements and reciprocal easement agreements; resort association covenants, conditions and restrictions; ground leases; environmental laws; title insurance; surveys; and construction financing and loan documentation. We have obtained governmental approvals for hotel construction and operations ranging from development permits to liquor licenses, created private utility systems, and negotiated pre-opening and technical services agreements, development agreements, hotel and condominium management agreements, construction and design contracts, and retail space leases. The firm has expertise in issues related to historic sites, including burial sites, and rights of native tenants or gathering rights which affect many undeveloped properties (we served as counsel in the most important Hawaii case pertaining to such claims) Sale, purchase and financing of hotels, condominium and resort subdivision properties We have represented sellers, buyers, lenders, and operators in connection with the sale and purchase of hotel, condominium and resort subdivision properties in transactions ranging from a $600,000,000 international luxury hotel to a $16,000 time share interval. We have drafted and negotiated hotel sale and purchase agreements, construction loan and other financing documents, loan sale and purchase agreements, exchange agreements, and management transition agreements. We are experienced in condominium, subdivision and time share registrations with the State of Hawaii. We completed the first SEC registration of a rental pool hotel/condominium in the United States and what we believe was the first "fee" or "ownership plan" based time share offering of an entire condominium project in the United States. We have completed federal interstate land sales registrations and obtained exemption orders and advisory opinions from state and federal agencies. Hotel and Resort Property Operations We have negotiated hotel, condominium and resort subdivision management agreements and have provided advice concerning compliance with brokerage, condominium, subdivision and time share/vacation ownership, and land use and zoning laws; construction and design contracts; employment relations; employment laws (such as plant closing, employee benefit, and anti-discrimination laws); the Americans With Disabilities Act; and tax, liquor licensing and dramshop, environmental and a host of other laws. Leisure Attractions and Activities We have advised and has litigated on behalf of clients who are related to the hospitality industry. Our clients include companies that own and operate ocean sports activities (compliance with land use and zoning laws and tort liability), cruise ships, and golf courses, other tourist activity providers and visitor industry businesses. Real Property Tax Appeals The firm's real property tax appeal practice has resulted in millions of dollars of tax refunds within the past ten years to clients who own or manage hotels and condominium properties. We believe no other firm in Hawaii has handled as many hotel appeals. Related Services Attorneys in our Lodging and Resort Property group coordinate services from the firm's numerous specialties when required. In doing so, we can efficiently address every aspect related to the hospitality industry, some of which are listed below: Intellectual Property - We assist clients with international, federal and state trade name and trademark registration and licensing and provide advice on the entire array of intellectual property laws. Tax - We advise clients on state and federal tax issues (including Hawaii excise and transient accommodation taxes, tax credits and foreign investment reporting and tax laws). Business Organizations - We assist clients with mergers, acquisitions, business registration and licensing, formation of limited liability companies and other entities, and other corporate matters. Employment Law and Labor Relations - We advise clients on employment and labor law matters generally. Commercial and Real Estate Litigation - We handle all litigation and arbitration matters, including those related to hotels and resort properties. Over thirty attorneys are available who have handled some of the major Hawaii cases in this area ranging from hotel management agreement disputes, hotel ground lease negotiations, governmental takings, vested rights and entitlement issues to routine contract and tort claims. Attorneys in the Hospitality and Resort Property Group have diverse backgrounds and include a former adjunct professor at the Travel Industry Management School of the University of Hawaii, and a former Human Resources manager for a major national hotel management company. The firm's Kona office in particular provides support for the Group. As in the past, the firm intends to remain at the forefront of legal developments in Hawaii affecting hotels and resort properties.