Lynn K. Cadwalader is a Partner in the San Francisco Office of Holland & Knight, and co-chair of the firm's Global Hospitality, Resort & Timeshare Team.
Ms. Cadwalader represents clients in all phases of real estate development and finance transactions, and has developed a specialized practice in the areas of resort and master planned community development, condominium hotels, timeshare, fractional and private residence club development, and resort finance. She is known nationally as an expert on the issues involved in the development, financing and operation of a resort and its adjunct club facilities and amenities.
Ms. Cadwalader's involvement in a transaction includes advising clients in connection with the land acquisition and entitlement process (including working with the U.S. Forest Service, California Coastal Commission and local government agencies), financing the project (public finance, debt, equity and mezzanine financing, consumer financing, loan hypothecations, syndications and asset securitization), developing the land and constructing the improvements, registering the project under state and federal laws for offer and sale, and putting in place other agreements involving the project such as condominium and fractional share project documents, licensing agreements, shared-use and easement agreements with adjacent hotels and property owners, broker agreements, construction contracts, escrow arrangements, employment contracts, etc.
In the master plan community area, Ms. Cadwalader represents numerous developers of resort master planned communities both nationally and internationally, in planning and structuring their land use plan and resort community. This representation has involved appearing before planning and zoning commissions, the California Department of Real Estate and other regulatory and political bodies in connection with obtaining the initial approvals and entitlements for the resort, drafting and creating the CC&Rs which establish and govern the resort community, and representing the developers of various projects located within the resort.
Ms. Cadwalader's work in the condominium hotel area includes structuring the relationship between the hotel operator, the developer, the condominium unit owners, and the owner association(s) governing the project, drafting the documents that implement this structure and govern the complex relationships between the various interested parties, structuring the unit rental program and related agreements, advising on securities law aspects of condominium hotels, and registering the condominium for offer and sale in the appropriate jurisdictions. Ms. Cadwalader is nationally recognized as an expert in the condo hotel area and is a frequent speaker at industry conferences.
Ms. Cadwalader's work in the registration area includes many registrations with the California Department of Real Estate, the Colorado Division of Real Estate and regulatory authorities in Arizona, Utah, Nevada, Texas and other jurisdictions, where she has long-standing relationships with the state regulators. These registrations often involve complex development scenarios and an overlay of a master planned community. Ms. Cadwalader is frequently associated as special counsel to negotiate special agreements with state regulatory authorities in this regard.
Ms. Cadwalader is a frequent speaker at various real estate and resort industry seminars and symposiums, including the American Resort Development Association (ARDA), the National Ski Area Association (NSAA), CLE International's Annual Conferences on Golf and Resort Development, IMN's Condo Hotel Symposiums, and Ragatz Associates Annual Fractional Symposium.