Articles Posted in Outlook and Trends

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Author of www.HotelLawBlog.com
1 February 2008
Keywords:

Hotel Operating Agreement, HOA, Hotel Management Agreement, HMA, Hotel Management Contract, Management Contract. Hotel Operator, Hotel Manager, Hotel Owner. RFP for Hotel Manager. RFP for Hotel Operator, How to get a great hotel operator.

Terminology

Contracts between hotel owners and managers (or operators) controlling the management of a hotel go by various names. They are called hotel management agreements, HMAs, hotel management contracts or hotel operating agreements. For convenient reference, this article will generally use the term “Hotel Management Agreement” or “HMA.” However all these terms can be used interchangeably and mean the same thing, just as with hotel operator or hotel manager.

Whatever they are called, Hotel Management Agreements allocate risk between the hotel manager and the hotel owner. They are critical in determining the profitability and value of a hotel.

Hotel Lawyer on hotel management agreements and operator breach of duty. It may be an exaggeration to say that “JMBM wrote the book on hotel management agreements,” but we certainly know the area and have at least written a few chapters in that book. We have been helping owners, developers and lenders with many hundreds of hotel management agreements over the past 20 years. We have negotiated, re-negotiated, terminated and litigated almost every aspect of them, so the only thing surprising about the latest jury verdict handed down on January 25, 2008 against Marriott International and Ritz-Carlton is that it shows a continuing disconnect of operators who choose to ignore their contractual and fiduciary duties. (Search “Management Agreements” at www.HotelLawBlog.com)

In this case, one of our clients owned the Ritz-Carlton Bali which was managed under a typical long-term, no-cut management contract. A few days ago, after a 3 week trial, a jury sitting less than 10 miles from Ritz-Carlton’s home office ruled that the management contract was breached by Marriott International and Ritz-Carlton, giving the owner the right to terminate the contract, awarding $382,304 in compensatory damages, $10 million in punitive damages, plus attorneys fees and costs to the owner. The Wall Street Journal published an article today by Tamara Audi on the case. How does this happen?

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Author of www.HotelLawBlog.com
31 January 2008
Hotel Lawyer with GREEN GEMS from the Los Angeles Hotel Investment Conference.

Hotels are going green (really)! And sustainability is the hot issue in the hotel industry.
Although hotels have been the last real estate asset class to embrace sustainability, it looks like things are really changing. At the ALIS conference, recycling trash containers were a welcome sight, and the program featured a full panel on green hotels, a keynote, and lots of mentions about sustainability by many of the speakers.

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Published on:

Author of www.HotelLawBlog.com
30 September 2007
Hotel Lawyer on why the SEC may soon be pushing the GREEN Bandwagon. Technically, most SEC disclosure guidelines or rules only require “disclosure.” They do not impose substantive regulation. But SEC guidelines tend to set the disclosure standards for state laws, and establish industry standards for fair disclosure. And frequently the bright spotlight of disclosure focuses such intense attention on particular issues, that it changes behavior as effectively as a substantive regulation. That might well become the case with “GREEN“.

Here’s what is happening . . .

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Author of www.HotelLawBlog.com
27 September 2007
Hotel Lawyer at the Phoenix Lodging Conference. The 13th edition of The Lodging Conference in Phoenix is very unique. For the first time in many years, there does NOT seem to be an overwhelming consensus about what is happening — at least as to the credit markets, and that is the big news here. Lodging fundamentals continue very strong, although occupancy may slip a small amount in 2008, and RevPAR growth will likely slow down (but it will continue to grow).

For many years there has been a clear and prevalent industry “mood” for hotel industry conferences (see for example, last year’s reports on www.HotelLawBlog.com on The Lodging Conference (“Ebullient Foreboding“), The January 2007 ALIS Conference, or even the NYU Conference in June 2007 (“forecast of ‘sunny skies’ for the hotel industry.”)

But this week’s conference has a fair number of knowledgeable people sounding like Chicken Little warning about the sky falling, and others claiming that we are just returning to a more normal scenario. The only clear consensus is that — for at least a while — this will NOT be “business as usual” for credit markets. Interest rates will be higher — at least 100 to 150 basis points. Loan to value (LTV) and debt service coverage (DSC) will be tougher — LTVs are likely to be more in the 65 – 75% range, and DSCs of 1.0 will more likely be 1.2 to 1.4. Construction lending will be very difficult to find in the near future, and underwriting will likely be much stricter. Here is what some industry leaders have to say.

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Author of www.HotelLawBlog.com
26 September 2007
Hotel Lawyer at the Phoenix Lodging Conference. Morris Lasky’s Phoenix Lodging Conference is always one of my favorite hotel gatherings each year, and last night the 13th edition of this event got underway with more than 1,400 people registered — up from 1,200 last year.

There is something about the beautiful setting at the Biltmore, the casual atmosphere (with many in shorts — or at least chinos — and short sleeve shirts) in the baking Arizona heat that fosters a comfortable, no-nonsense exchange of thoughts. But I do miss the early days when Morris “capped” attendance at 400, and you actually were able to move around and see all the people you wanted to in a more intimate environment. That is one unique compelling advantage that The Hotel Developers Conference™ and Meet the Money® still offer! Oh well, enough nostalgia. Here is my first take on mood of the Conference.

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Author of www.HotelLawBlog.com
28 August 2007
Hotel Lawyer in Beverly Hills with good news for luxury hotel mixed-use aficionados. The trend of hotel mixed-use continues. This time, Beverly Hills will get its turn as the city anxiously awaits the latest luxury hotel development by the internationally acclaimed Montage Hotels & Resorts. Just steps from Beverly Hills’ Rodeo Drive, and in the City’s “golden triangle,” this 201-room luxury hotel will be a fresh breath of air to those who appreciate “the best.”

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Author of www.HotelLawBlog.com
21 July 2007
Hotel Lawyer in Beverly Hills with breaking news. Hotel leader Ali Kasikci has just tendered his resignation as Managing Director of the Peninsula Beverly Hills Hotel. He feels this is the best way to be able to fully explore new opportunities for the next step in his remarkable hotel career. For anyone looking to take their hotels or hotel company to a new level of luxury, this may be a once-in-a-lifetime opportunity as well.

Who is this man? What has he accomplished? What new challenges is he looking for?

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Author of www.HotelLawBlog.com
16 July 2007
While I hear from readers on just about every posting I make on www.HotelLawBlog.com, there are some entries that generate much more traffic than usual, draw the most comments from readers, or just seem to stir the industry pot enough to keep my phone ringing. While some of these “top” stories are thoughts about emerging trends, like Green Hotel Development, and others are my take on timely news like the Ian Schrager and Bill Marriott “Marriage,” certain blog stories just seem to strike a chord with my readers.

I was able to select 25 such stories from every topic area categorized on the Blog. While it was a struggle to decide where the cutoff was for each topic, anyone who wants more on a particular subject can go to www.HotelLawBlog.com and search for all articles on the topic. To do that, just scroll down the right hand side and below the (free) subscription and RSS Feed buttons, is the Browser that enables you to sort by topic, date, key words, and so on.

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Author of www.HotelLawBlog.com
3 July 2007
Hotel Lawyer on THE BIGGEST HOTEL DEAL IN HISTORY. I almost entitled this blog: “‘Paris Hilton, “Get a driver!'”
Fresh out of a jail after serving 23 days of a 45-day jail sentence for probation violation following an embarrassing series of drunk driving and driving without a license offenses, the insolent (now reformed) Paris Hilton should just get a driver. She may not have to worry about the cost anymore! Her Granddaddy’s company has just been sold for $26 billion, and his share is $990 million!

REWIND. Instead, I decided to go with my more usual “hotel attorney and advisor” approach and will lead with this:

As if in a real world re-enactment of the nursery rhyme about 10 little Indians (or the 1945 Agatha Christie movie “Until there were none”*), Blackstone announced today that it is buying Hilton Hotels Corporation in a $26 billion deal. And in case you and Rip van Winkle have just awakened from your slumber, this deal is merely the latest in a long string of huge acquisitions by Blackstone approaching more yhan $100 billion in the last 5 years (including ESA/Extended Stay America for $8 billion, MeriStar for $2.6 billion, La Quinta for $3.4 billion, Wyndham for $3.2 billion, Boca Resorts for $1.25 billion) and by other private equity players such as Morgan Stanley which recently acquired CNL in a then-record-setting $6.6 billion deal only a few months ago.

What’s so important about this acquisition? It portends an unprecedented consolidation of the hospitality industry with potentially staggering consequences to hotel owners, guests, and other stakeholders in the hospitality industry. We will talk about that shortly. It also provides further confirmation of the prediction I made a number of months ago that “the entire industry is now on the block.” Let’s take a further look at the details and background.

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Published on:

Author of www.HotelLawBlog.com
18 June 2007
Hotel Lawyer in Florida. While Gloria Estefan’s fans are anticipating the September 2007 release of her new Spanish-language album, 90 Millas, featuring original music inspired by her native Cuba — the hotel industry is eagerly awaiting the opening of her new luxury resort, Costa d’Este in Vero Beach, Florida. Gloria and Emilio Estefan are not new to the hospitality industry — they currently own 5 Cuban restaurants in Florida and Mexico, and the Cardozo Hotel in Miami. Their new mixed-use resort will include 94 hotel rooms, meeting space, a restaurant and spa. The resort is scheduled to open in January 2008, according to Benchmark Hospitality International, which will manage the property.

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