Lynn K. Cadwalader is the co-chair of Holland & Knight’s Global Hospitality Resort and Timeshare Group and is a partner in the firm’s San Francisco office. Ms. Cadwalader represents clients investing in, acquiring, restructuring and developing hotels and mixed-use projects in the United States and internationally. More recently her practice has focused on representing Chinese investors in the United States real estate market, including Shenzhen New World Group, Ltd., one of the largest Chinese investors in the lodging industry, which recently purchased the Universal Sheraton out of receivership and the Marriott Los Angeles Downtown from a foreclosing lender.
Ms. Cadwalader represents developers, hospitality brands, lenders and operators in all facets of resort and real estate development and operations, and has developed a specialized practice in the areas of resort and mixed-use development, hotels, timeshare, fractional and private residence clubs. She specializes in the development, financing, branding and operation of mixed-use projects and hotels in the United States and in foreign jurisdictions. This work involves structuring the relationship between the hotel operator, the developer, the condominium and residential unit owners, and the owner association(s) governing the project, drafting the CC&Rs and other documents that implement this structure and govern the complex relationships between the various interested parties, structuring unit rental programs and related agreements, drafting and negotiating the hotel and condominium management and license agreements, and advising on applicable real state and securities law involved in the offer and sale in the appropriate jurisdictions.
Globalization has created a wealth of opportunities for developers and operators of mixed-use communities. The greening of our country has created the ability to responsibly develop environmentally sensitive resorts which add to, and not take-away from, the local community. Ms. Cadwalader has been in the fore-front of this trend, working with developers and operators to create the legal structure necessary to support these communities, in both resort and urban settings.
Ms. Cadwalader's representation of clients in the master planned community area involves all phases of project development, including negotiation of government entitlements, concessions and leases, financing the various phases of the project (joint venture, debt and equity), creating the necessary master community and project documents, such as the master covenants, conditions, easements and restrictions which establish and govern the overall resort (CC&Rs), shared facilities agreements, use and access agreements, condominium, timeshare and club regime documents, golf and beach club membership plans, conservation easements, environmental and historic preservation restrictions, and purchase and sale agreements. Her representation also includes representing hotel operators in establishing structures which protect their brand and management interests. Her work often involves appearing before planning and zoning commissions, regulatory and political bodies and governmental agencies on behalf of her clients.
Ms. Cadwalader also has a specialized practice in the area of timeshare and fractional resorts. She was involved in the structuring and documentation of some of the first fractional resort projects to enter the market more than a decade ago, and has continued her practice in this area as the fractional product has evolved. In this area, Ms. Cadwalader has particular experience in the creation and structuring of complex product offerings, including the offering of fractionals in a mixed-use setting. In the Destination Club area, Ms. Cadwalader was involved in the structuring of some of the first club offerings to appear in the market (both equity and non-equity) and is well-steeped in the business and regulatory issues affecting this new product type.
Ms. Cadwalader is a frequent speaker at hospitality and mixed-use development industry conferences.