Christopher W. Payne

Real Estate, Commercial Real Estate Recovery, Construction, Planned Communities and Condominiums, Real Estate Development, REITs, Resort and Hotel, International

Christopher W. Payne is a partner in the Real Estate Department and a member of the Resort and Hotel Group and Planned Communities and Condominiums Group. He is also a member of the Commercial Real Estate Recovery, Construction, Real Estate Development, and REITs Groups, and the International Group. Mr. Payne is the Administrative Partner for the Denver office.

Mr. Payne works with developers, owners, hotel operators, and lenders in the areas of real estate acquisition, land-use development, construction, condominium law, interval ownership, hotel development, and secured lending, with emphasis on resort and mixed-use projects. He is currently representing clients in the development of hotel and residential resort projects, often including golf, spa, or marine amenities, throughout the Rocky Mountain region, as well as projects in Mexico, Italy, and the U.S. Virgin Islands.

Representative Matters

• Represents the developer and operator of Snowmass Village base area, a multiphase, mixed-use planned community, including branded and unbranded residential condominiums, two condominium hotels (Viceroy-Snowmass, The Little Nell at Snowmass), conference center, spa facilities, skier-service facilities, and village retail
• Represents the developer of One Steamboat Place, an anchor to redevelopment of the Steamboat Springs base ski area, including luxury residential condominiums, private residence club, spa, skier services, retail operations, and social club membership program
• Represents Starwood Vacation Ownership in connection with the development of the St. Regis Residence Club, Aspen, Colorado
• Represents the owner and operator of Vail Mountain Lodge & Spa, including the Club Residences at Vail Mountain Lodge
• Represents the developer and former owner of Esperanza Resort Hotel and Private Residences, Los Cabos, Mexico, operated by Auberge Hotels
• Represents the developer of Capella Pedregal, a luxury condominium community in Cabo San Lucas, Mexico, featuring a Capella-operated hotel and wholly-owned casonas, a private residence club, and a yacht club
• Represents the developer of Olamar, a fractional condominium-hotel project in Cabo San Lucas, operated by the LaTour Group
• Represents the developer of Castello di Casole, a 4,200-acre luxury community, game reserve, and agricultural estate in Tuscany, Italy
• Represents the developer of Botany Bay, a 367-acre luxury, mixed-use community on the western tip of the U.S. Virgin Islands, including the planned development of a resort hotel to be operated by the Jumeirah Group
• Represents Grace Bay Resorts, a hotel owner and operator based in the Turks & Caicos Islands
• Represents a pension fund in a successful defense against a subordinated lender multimillion-dollar claim of lost equity and redemption rights related to a 610,000-square-foot complex with two office towers and a retail building
• Represents various Colorado mixed-use condominium developers in the restructure of condominium documents, land use entitlements, replacement of mezzanine and construction debt, rebranding, new construction contracts, negotiation of mechanics lien claims, and minority shareholder claims

Judicial Clerkships

Hon. Wade Brorby, U.S. Court of Appeals for the Tenth Circuit, 1993-94

Professional Activities

American Bar Association

Colorado Bar Association, Executive Council Member and Secretary, Real Estate Section

American Resort Development Association, Chairman's League

Urban Land Institute

Publications

"HMA Document: A Must-Read before Acquiring Hotel Property," Colorado Real Estate Journal, May 4, 2011

"Recreational Club Conversions Can Present Challenges," Colorado Real Estate Journal, April 21, 2010

"Resort Area Amenities Agreements, Clubs and Recreational Covenants," Colorado Real Estate Journal, April 15, 2009

Speaking Engagements

"Ultimate Q&A: The Future of Fractional," Annual Conference, Fractional Summit USA, August 2011

"Non-Recourse Carve-Out Springing Guaranties Or What Are You Going To Do; Oh, What Are You Going To Do When They Come For You?” 29th Annual Real Estate Symposium, Colorado Bar Association, July 2011

"Fractionals 101 – Part One," Annual Conference, Ragatz Associates, March 2011

"Short-Term Fractional Price Drops… Long-Term Consequences? What Can Lowering the Price Mean to Marketing, Sales and Operations?"ARDA, April 2010

"Private Transfer Fees: Unreasonable Restraint On Real Estate Or New Capital Market," 28th Annual Real Estate Symposium, Colorado Bar Association, July 2010

"Critical Legal Issues in the Fractional Interest Industry," Annual Conference, Ragatz Associates, March 2009

Co-panelist, "Impact of the Troubled Market on Resort Development," CLE International, Resort Development, August 2008

Co-panelist, "Developing South of Our Borders," Annual Convention, American Resort Development Association, April 2008

University of Denver Sturm College of Law (J.D. 1993)
Member, Board of Editors, Denver University Law Review; Member, Order of St. Ives

University of California, Los Angeles (M.A. 1989, urban planning and architecture)

University of California, Santa Cruz (B.A. 1986)

Colorado