Posts Tagged ‘hotel real estate’

Hotel Lawyer Stephen Barth: A Call to Action on the Debt and Liquidity Crisis Facing the Lodging Industry

Tuesday, May 25th, 2010

It is a time for patience, understanding, and the realization that we - lenders, borrowers and our local economies - are all in this together.

I have been traveling the country recently and have become dismayed at the stories I am hearing from the hotel industry, particularly the limited service segment, regarding their inability to survive this economic downturn.

The reasons given vary, but there is a common theme: Due to overall reduced demand, and downward pressure on rate, currently, despite excellent historical performance,  the debt amortization schedule cannot be met; or a balloon has come due and there is not any financing available; or, if there is financing, the required  LTV ratio of the lender will not support the renewal or refinancing without a significant equity contribution.  Other broad-based concerns are that the borrower cannot locate the right person to speak to regarding a possible solution (particularly in remote lender situations).  Or if they do find that person, often the lender will not be open to discussions with the borrower until the loan is in default.

The borrowers (again, historically, some of the best operators this industry has) want to survive.  Clearly, it is not in the best interest of the lenders to take the property back, so they want the owner to survive.  Governments realize how vital it is to the economy in general that these small businesses (relatively speaking) survive so people remain employed, so federal, state and local taxes get paid, and so competition in the industry remains robust.  And the vendors that serve these businesses want them to survive.

The problem is compounded by lenders that do not have ties to a community and lack any empathy for the ripple effect a foreclosure has on the community.  We need remote lenders to immediately identify a contact person that the borrower can speak to.  We need the ability to have conversations on solutions before a default occurs.  We need relief from a short-term regulatory scheme that focuses on the short-term interests of the lender and government, while ignoring the long-term impact on themselves and the communities. We need a system that is flexible, with the ability to respond prudently, but also creatively, to economic cycles, and we need a system that nurtures long-term economic sustainability, which is so vital for our local communities and its citizenry.

This debt and liquidity crisis deserves our attention. We need a collective dialogue in Washington, D.C. on this issue and on possible solutions.  We need legislators and lenders to understand that many of these excellent hotel owners and operators are trapped by a banking/lending regulatory system that focuses on a very narrow, short-term view (the impact of current LTV ratios on balance sheets), while ignoring the broader and longer term picture of historical positive performance, economic cycling, employment, tax bases and survivability of a community.

Now is the time to  remember what Eric Hilton has been saying for years: It is estimated that the travel, tourism and hospitality industry employs one out of every ten workers in the world; it is an economic powerhouse in our local and  global economies. It deserves our collective attention and dialogue.

Early Registration Ends Soon for Hospitality Law Conference

Monday, January 4th, 2010

Early registration for the 2010 Hospitality Law Conference ends January 11. Don’t miss the only program devoted exclusively to legal, safety and security issues impacting the hotel, restaurant, and travel industries. Register Now to take advantage of discounted rates!

The 2010 Conference will kick off on Wednesday, February 3, with a Pre-Conference Workshop and will feature the following sessions:

  • Information Protection and Privacy, including Payment Card Industry Data Security Standards Workshop – including PCI compliance, forensic investigations, and data security
  • Hospitality Real Estate Transactions Workshop – including workouts, special service providers and how recent economic events have affected the real estate industry.
  • Hotel & Restaurant In-House Counsel Workshop – including bargaining with credit card companies, protecting proprietary data, unions, and antitrust issues

The Hospitality Law Conference will shift into full gear on Thursday, February 4, with breakout sessions on a host of relevant and timely topics:

  • Lodging and Fundamentals of Hospitality Law - including management contracts, OTAs, taxation issues, and more
  • Food & Beverage – including the tip credit, Truth in Menu, selling alcohol, and alcohol sponsorship issues
  • Human Resources and Labor Relations – including wage and hour issues, sexual harassment, OSHA, and the Fair Labor Standards Act
  • Loss Prevention & Risk Management – including bed bugs, insurance litigation, claims, and various liability issues

Don’t miss the Wine Tasting & Product Showcase on Thursday, February 4, to be eligible to win a $1,000 American Express gift card. Stay until the end of the conference to be eligible to win a $500 American Express gift card, which will be drawn during the Closing Remarks on Friday, February 5.

Accreditation:

MCLE accreditation for up to 16.0 hours (including 1 hour of ethics) is available.

This program has been approved for 4 (General) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute.

Helpful Links:

HospitalityLawyer June Legal Newsletter: Focusing on Legal, Safety, and Security Solutions

Tuesday, July 7th, 2009

The HospitalityLawyer Legal Newsletter addresses recent legal, safety, and security updates, regulations, and laws affecting hotels, restaurants, bars, country clubs, spas, and other hospitality businesses.

The June Legal Newsletter features an article from Washington law firm Graham & Dunn on equitable subordination, as well as an article discussing whether a lender has a security interest in hotel revenues generated after the hotel owner files for bankruptcy.

Visit the June Legal Newsletter at http://www.hospitalitylawyer.com/newsletters/june09news.html

To sign-up for free newsletters focusing on legal, safety, and security issues affecting hotels, restaurants, bars, country clubs, spas, and other hospitality businesses, please visit http://www.hospitalitylawyer.com/index.php?id=213.

HospitalityLawyer December Legal Newsletter: Focusing on Legal, Safety, and Security Solutions

Monday, December 15th, 2008

The HospitalityLawyer Legal Newsletter addresses recent legal, safety, and security updates, regulations, and laws affecting hotels, restaurants, bars, country clubs, spas, and other hospitality businesses.

The December Legal Newsletter features an article on Components and Key Agreements of a Mixed-Use Hotel-Residential Resort Project, as well as an article on Reducing Liability Through Strategic Risk Management Practices.

Visit the November Legal Newsletter at http://www.hospitalitylawyer.com/Newsletters/december08news.html.

To sign-up for free newsletters focusing on legal, safety, and security issues affecting hotels, restaurants, bars, country clubs, spas, and other hospitality businesses, please visit http://www.hospitalitylawyer.com/index.php?id=213.

Hotel Law: Thinking about Buying an Island or Remote Resort?

Monday, November 3rd, 2008

After a relatively quiet 10 months in hotel and resort property deals, Baker & McKenzie’s global hotels team is starting to see an upturn in activity. Whether this new transaction flow reflects balance sheet driven disposals, or opportunistic buyers taking advantage of price reductions (or corrections), it is a certainty that buyers and their lenders operating in the hotel and resort industry will be more cautious in the way they conduct transactions.

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Hotel Law: What the Lawyer in the Hospitality Industry Needs To Know

Monday, September 15th, 2008

By Morris Lasky, CEO of Lodging Unlimited[1]

In order for an attorney to be effective in an industry, he or she first should have working knowledge of the industry. After 50 years in the hotel industry, I feel comfortable in doing an overall review of the hospitality industry that I believe would be very helpful to attorneys.

The purchase of a hotel

Let’s start out with a basic understanding that a hotel is not real estate; it is a business housed in real estate. The reason this is important is that the valuing of a hotel is not the appraisal of real estate with the valuing of the business results in order to come to a true value of a hotel. So in order to value a hotel, a potential buyer must look at past operating statements and particularly the profit from the past performances. In order to determine the value of the project, the potential buyer needs to capitalize the profit. Capitalization is a number that is used as a multiplier of the bottom line to determine the projected value of the project. This capitalization rate is a variable (and I think very subjective) and can run anywhere from 8-14%. The variation is determined by the type, brand, location, condition and a variety of other factors that relates to the specific project.

Of course there are variations on the same, such as, the construction of a new hotel. The valuing of a new project has to do with feasibility studies by outside professionals. Once the feasibility study is completed, then the projected value would be based on the profitability and capitalization, as described in the previous paragraph.

Branding

Probably one of the most misunderstood issues in the hospitality industry is branding. You should first understand that the only reason that you would brand a hotel is that the new brand name and/or franchise will produce better operating results than an independent hotel. Research (usually done by professionals) should help determine the correct brand for the property. There are so many brands available that this can be a Herculean task. Many times I have seen a brand selected by inexperienced operators simply because they like the name.

The feasibility study should first be conducted to determine not only if the project makes any sense at all, but also to indicate the type of hotel, budget through luxury. Once this is determined, then the search for the correct franchise should begin.

The Franchise

It is important to know that every franchise does not work in every location. This is done by analyzing each brand that you are considering and specifically reviewing their denial rates. That is, how many rooms in a given period that franchise has actually turned down in that particular marketplace.

The franchise agreement is a special document that is clearly and initially in the favor of the franchisor. There are many things in the agreement that, through good lawyering and business analysis, can be changed in the average franchise agreement. A few of the things to consider are as follows: royalty fees, territorial exclusivity, marketing fees, rights of first refusal, physical requirements of the property, etc. These are very specific documents that require a great deal of review and negotiation. An expert should be consulted.

Management

If the owner is inexperienced (even for a small hotel), he or she should consider professional management. Again, like with the franchise agreement, the management agreement needs to be reviewed in-depth and negotiated. Items to consider regarding the management agreement include: experience of the potential manager with the type of hotel, the location of the hotel and their past experiences in dealing with the subject property type. An expert review of a management agreement should consider: the length of the contract, the fees for the services, what services are included (supervision, accounting, marketing, reporting, length of the contract, termination provisions, etc.).

By the way, building a hotel includes the factors from above but also introduces many more problems including: location, location, location. I can only say that this activity at any level is not for the amateur. Lodging Unlimited has managed over 300 hotels. Most of the properties we have managed were built by amateurs. Proof of this is that our average turnaround time for management is 17 months. The conclusion of course is that if we could turn them around in 17 months, then they should never have gone under in the first place. The difference is experienced management.


[1] I have managed over 300 hotels, owning the: Lodging Conference in Phoenix Arizona for the last 14 years and the International Hotel Conference in Rome for the last six years. I also have done a great deal of consulting, as well as litigation support and arbitration, spending eight years working directly for Harry Helmsley learning about hotel real estate.