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Hospitality & Leisure

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Services & Industries >> Hospitality & Leisure >> Representative Matters

Representative Matters

Purchase & Sale

  • Hacienda Hotel, Inc. ( El Segundo, California). Represented Hacienda Hotel, Inc., as seller, in connection with the sale to Rubicon Holdings of The Hacienda Hotel in El Segundo. 
  • Last Resort, LLC ( Big Bear, California). Represented Last Resort in the negotiation of the acquisition loan documentation and sale of this timeshare resort project in Big Bear, California. 
  • OTO Development. Represented OTO Development in the negotiation of the purchase and sale agreements, development agreements, and CC&Rs for several hotel projects for OTO. 
  • Hotel (Santa Monica, California). Represented the owners of an existing Santa Monica hotel for the last two and a half years repositioning their asset for sale by perfecting and clarifying existing entitlements, undergoing wildly controversial Development Agreement compliance review.

Development & Construction

  • Aladdin Hotel and Casino (Las Vegas, Nevada). Represented client on negotiating energy service agreements and related documents for the Aladdin hotel, casino and retail project in Las Vegas, Nevada, pursuant to which the energy provider developed, owned and operated the central utility plant for this project. 
  • Hard Rock Hotel (San Diego, California). Represented client on the land use, mapping, and entitlement advice for the development of the new Hard Rock Hotel in downtown San Diego. 
  • KSL Resorts/CNL Hospitality (Coronado, California). Represented the hotel ownership (KSL Resorts/CNL Hospitality) in securing land use approvals for the redevelopment of the Hotel Coronado, including the construction of new condominium hotel units. 
  • LEGOLAND Carlsbad, Inc. (Carlsbad, California). Represented this Danish toy maker in obtaining land-use approvals for the first U.S. LEGO Family Park, a 125-acre park in Carlsbad, California. Our work included a state and local government incentive package, a specific plan amendment, rezoning, development agreements, a coastal development permit and an infrastructure financing district. 
  • Lowe Enterprises (Sunriver, Oregon). Represented Lowe Enterprises in the redevelopment of the Sunriver Resort in Oregon. 
  • Lowe Enterprises (Coronado, California). Represented this hospitality client to develop a Master Plan for renovating and expanding the Hotel Del Coronado in Coronado. This work included an EIR, entitlements, a Master Plan, and a Development Agreement. 
  • Lowe Enterprises (Palm Desert, California). Represented Lowe Enterprises and various affiliates in connection with the development of a 250 residential-lots and golf-course private luxury resort community project in Coachella Valley called The Reserve. We provided land-use guidance and our role included obtaining debt financing in the form of an acquisition and development loan, mezzanine financing, and revolving construction financing. 
  • Lowe Enterprises (Rancho Palos Verdes, California). Represented Lowe in the acquisition, development, construction, and financing of the Terranea Resort, a 582 room Hotel located on the former Marineland site. We also assisted with the complicated re-finance matters related to the hotel. 
  • Hotel Developer (Laguna Beach, California). Represented the developer of proposed resort hotel and residential project on local planning issues, CEQA compliance, California Coastal Commission approval, state and federal wetlands and endangered species issues, and variety of related development and entitlement matters.

Operations

  • BRCP. Represented hotel owner BRCP in an agency contract dispute with hotel operator Four Seasons. We assisted in successfully negotiating a termination to the operator’s contract. 
  • KSL Resorts/CNL Hospitality (Encinitas, California). Represented the owner and former owner the La Costa Hotel and Spa in Encinitas. 
  • KSL Resorts (La Quinta, California). Represented KSL in connection with the acquisition and ongoing management and development of the La Quinta Resort & Spa. 
  • Lowe Enterprises (Olympic Valley, California). Represented Lowe in acquiring a 10% interest in the Squaw Creek Resort from the Ting family of Hong Kong, took over management of the Resort, and became the hotel manager and the development manager for the development of new condominiums. 
  • Lowe Enterprises (Atlanta, Georgia). Represented Lowe Enterprises on the acquisition of the Barnsley Gardens Resort in Atlanta, Georgia, and supervised the preparation of the LLC, the development management agreement, and the hotel management agreement for the acquisition of this resort. 
  • Lowe Enterprises (Stowe, Vermont). Represented Lowe Enterprises in the acquisition, development, construction, hotel management, and sale of fractional units and condominiums for the 139-key Stowe Mountain Lodge in Stowe, Vermont, together with a 34- unit club, and a 169-key hotel expansion. 
  • Stroscher 3, LLC (San Juan Capistrano, California). Represented Stroscher 3 in negotiating and drafting a development agreement and owner participation agreement for hotel and mixed-use project in San Juan Capistrano.

Litigation

  • Embassy, LLC v. City of Santa Monica, et al. Represented a hotel owner in groundbreaking action involving the Ellis Act. Argued before the Court of Appeal that the Ellis Act cannot be waived via a settlement agreement which is not supported by direct financial contribution.
  • Resort Owners (U.S. Court of Appeals for the Ninth Circuit). We represented owners of prime property in Cabo San Lucas, Mexico, in connection with reversal of $1.5 million judgment against them by the Ninth Circuit Court of Appeals. 
  • Hotel Owner/Developer (Mammoth Mountain, California). We represented the owner of a hotel in Mammoth Mountain in a claim against the designers, builders, and their respective insurers involving construction, which experienced plumbing breaks and other mechanical failures, attributed to the design, construction, and coordination of mechanical, electrical, and structural components of the project, causing extensive water damage. 
  • Hotel Chain (California). We represented a major hotel chain in handling hotel management, building code, and ADA issues in several of its properties in California. The representation included the successful appeal of 13 matters to the San Francisco Access Appeals Commission.

Labor & Employment

  • Atlas Hotels. Represented Atlas Hotels, Inc. in obtaining a unanimous 12-0 defense verdict in a three-week wrongful termination case, involving allegations of religious and national origin harassment, discrimination and retaliation.
  • National Restaurant Chain. Represented both national and smaller regional restaurant chains in numerous wage and hour class actions throughout California regarding servers, cooks, buspersons and hosts; off-the-clock, uniform, overtime pay and meal/rest period claims.
  • Developers. Represented developers in negotiation and drafting of Project Labor Agreements on behalf of developer for numerous projects, e.g., hotel (Aladdin Hotel – Las Vegas), commercial (Hollywood and Highland Project – Hollywood) and residential.
  • Day-to-Day Advice To Management. Ongoing representation of hotels, restaurants, golf courses, amusement parks, health and fitness clubs, etc. regarding personnel matters and employment law issues.
  • Seller. Represented seller of hotel near Los Angeles International Airport regarding union workforce and other labor and employment issues.  

Membership Programs

  • Lowe Enterprises (Palm Desert, California). Represented Lowe Enterprises in the development of the Stone Eagle Golf Course in Palm Desert, and with the creation of the general and reserve club membership programs and other new offerings to investors.

Hawaii Matters

  • Bernice P. Bishop Estate/Kamehameha Schools.  Represent Kamehameha in connection with various major development/redevelopment projects throughout Hawaii, including the following:
    • Keauhou Resort. Represented Kamehameha Schools in the development of the 1,100-acre Keauhou resort on the Island of Hawaii.
    • Royal Hawaiian Hotel. Represented Kamehameha Schools in the restructuring of the Royal Hawaiian Hotel ground lease (one of the most valuable ground leases in Hawaii).
  • Grand Wailea Hotel and Resort (Maui).  Represented the purchaser in connection with the successful acquisition and financing of hotel, spa and resort facility on Maui.
  • Halekulani Corporation (Honolulu). Represented the hotel developer in the acquisition and development of the famous Halekulani Hotel in Waikiki, Honolulu, HI.  We have continued to represent the Halekulani Corporation with regard to certain hotel matters.
  • Hualalai Resort (Big Island – Kona Coast).  Represented Kajima, an international development company in the acquisition, development and completion of the award-winning Hualalai Resort, consisting of several hundred acres, including the Four Seasons Hotel, golf courses condominiums, and retail shops. 
  • Kukio Resort (Big Island - Kona Coast).  Represented land owners in various matters related to a portion of the Kukio Resort, an ultra high-end private resort, adjacent to the Hualalai Resort. 
  • The Ritz-Carlton, Kapalua (Maui).  Represented prior owner in connection with acquisition and funding of Kapalua Hotel (now known as Ritz-Carlton, Kapalua Hotel).
  • Waikiki Beach Walk - Outrigger Enterprises (Honolulu).  Represented Outrigger Enterprises as the owner and developer of the $350 million Waikiki Beach Walk redevelopment project in Honolulu involving new retail, multiple hotels, condominiums, and timeshare project. We also represented Outrigger on many other hotel projects.

Other Matters

  • Starwood Capital Group (California). Represented Starwood Capital Group on pre‐acquisition land use, environmental, real estate, entity formation, bankruptcy, title and other matters for all the California properties included in the acquisition of LNR Property. 
  • Resort Developer/Hotel Operator (California, Oregon, Washington and Vermont). Represented resort developer/hotel operator in structuring, negotiating and documenting limited liability company and related agreements for different projects, including building $480 million California coastal resort hotel with residential units, 8,000-acre resort and residential project in Washington State, $200 million golf course and residential project in Palm Desert, resort and residential developments in Oregon and Vermont, and acquisition of venture interest and assumption of management of existing California resort, including golf, skiing and additional residential unit development. 
  • DBDJ LLC (Aspen, Colorado). Represented DBDJ LLC in connection with a Trademark License and Assistance Agreement whereby the Licensee will license the “Bootsy Bellows” name for its entertainment club in Aspen, Colorado. 
  • Atlas Hotels (San Diego, California). Represented Atlas Hotels in the refinancing of a $71.5 million hotel project in San Diego. 
  • Noble House Hotels and Resorts. Represented Noble House in connection with the recapitalization of a hotel portfolio, which included hotels located in four states and involved an equity investment of more than $100 million. 
  • Kimpton Hotel and Restaurant Group, LLC. Provided real estate and tax advice to this client, which included securing a lease extension on a San Francisco property.