Contact: Marc Young
Morrison & Foerster has special expertise in counseling investors interested in developing, acquiring, financing, or disposing
of hotel and resort properties, including equity interests in such properties. We advise clients with respect to all of the
legal issues presented in the course of a hotel or resort development, acquisition, financing, or divestment, including:
- Negotiation and documentation of asset purchase documents;
- Negotiation and documentation of financing documents;
- Corporate and tax planning;
- Land use and environmental permitting;
- Entity formation;
- Negotiation and documentation of design and construction contracts;
- Legal, real property and environmental due diligence;
- Operational permitting, including liquor licenses;
- Acquisition and protection of intellectual property rights;
- Labor relations;
- Negotiation and documentation of management and franchise contracts;
- Negotiation and documentation of other third party contracts, including those for parking facilities, golf course management,
or other recreational facilities; and
- Advice regarding federal laws regulating investment by foreign entities and persons in the United States.
We also provide ongoing counsel in connection with our client’s investment structure and various business operations at hospitality
properties, including labor and employment matters, compliance with immigration requirements, state and local taxation issues,
contractual undertakings with third party suppliers and service providers, construction and renovation work, refinancing of
secured debt and working capital lines, enforcement of hotel management and franchise agreements, leasing of retail space,
legal compliance issues, and a variety of other matters relating to hotel and resort operations.
Representative Matters
Represented UBS Realty Investors in the $225 million acquisition of a full city block in downtown Denver. The transaction
involved the acquisition of the Denver Grand Hyatt, an adjacent 40-story "class A" office building, and a multilevel retail
project connecting the hotel and the office building.
Represented major financial institution in the sale of the Caneel Bay Resort, one of the premiere destination resorts in the
Caribbean.
Represented the lender in the limited-recourse project financing of two new 5-star luxury resort hotels in Turkey and Jamaica
to be operated by the Ritz-Carlton Hotel Company.
Represented a Hong Kong-based investment group in connection with its acquisition of the stock of the holding company for
a number of hotel and management entities with ownership interests in and management contracts covering 35 business and luxury
hotels in North America, and in connection with the secured financing of such interests by the seller.
Represented several partnerships in the sale of four Luxury Collection hotels in New York, Washington DC, Texas, and Colorado
to a hospitality REIT in exchange for cash and REIT securities.
Represented a Hong Kong-based entity in connection with its acquisition and financing of the Beverly Wilshire Hotel in Beverly
Hills, California.
