Richard Segal Application PackageOD MIAMI BEACH
NAME: Segal Richard
Last Name
HOME ADDRESS: 1450 Stillwater Dr.
Apt No. Home No./Street City State Zip Code
PHONE: n/a 305.379.9000 rsegal@kkskl.com
Home Work Email Address
Business Name: Kluger Kaplan Position: Partner / Attorney
Address: 201 S. Biscayne Blvd. Fir. 27 Miami FL 33131
First Name
Miami Beach
9 CITY OF MIAMI BEACH
BOARD AND COMMITTEE APPLICATION FORM
I
FL
Middle Initial
33141
Street
City
State Zip Code
Pursuant to City Code section 2-22(4) a and b: Members of agencies, boards, and committees shall be affiliated with the city; this
requirement shall be fulfilled in the following ways: a) an individual shall have been a resident of the city for a minimum of six
months; or b) an individual shall demonstrate ownership/interest for a minimum of six months in a business established in the city.
• Resident of Miami Beach for a minimum of six (6) months Yes
• Demonstrate an ownership/interest in a business in Miami Beach for a minimum of six (6) months: Yes
• Are you a registered voter in Miami Beach: Yes
• (Please circle one): I am now a resident of: North Beach
• I am applying for an appointment because I have special abilities, knowledge and experience. Please list below:
Partner and practicing attorney at Kluger Kaplan's commercial litigation and family law groups, assisting clients in a range of b
• Are you presently a registered lobbyist with the City of Miami Beach? No
Please list your preferences in order of ranking [1] first choice [2] second choice, and [3] third choice. Please note that only three (3)
choices will be observed by the City Clerk's Office (Regular Boards of City)
Choice 1: Board of Adjustment
Choice 2:
Choice 3:
Note: If applying for Youth Advisory Board, please indicate your affiliation with the Scott Rakow Youth Center:
1. Past service on the Youth Center Advisory Board: No Years of Service:
2. Present participation in Youth Center activities by your children No if yes, please list the names of your children, their
ages, and which programs. List below:
• Have you ever been convicted of a felony: No If yes, please explain in detail:
• Do you currently have a violation(s) of City of Miami Beach codes: No If yes, please explain in detail:
• Do you currently owe the City of Miami Beach any money: No If yes, please explain in detail:
• Are you currently serving on any City Boards or Committees: No If yes, which board?
Executive Board of Governors Miami Beach Chamber of Commerce
• What organizations in the City of Miami Beach do you currently hold membership in?
Name Title
Miami Beach Chamber of Commerce L1M bf,>'
Mount Sinai Foundation 76 r,:6 S� d t�✓I
e List all properties owned or have an ir` -•est in, which are located within the City of Miami ' ich:
Property
1450 Stillwatei Drive, Maimi Beach, FL 33141
e I am now employed by the city of Miami Beach: No Which department?
The following information is voluntary and is neither part of your application nor has any bearing on your consideration for appointment. It is
being asked to comply with federal equal opportunity reporting requirements.
Gender: Male
Race/Ethnic Categories
What is your race? Mark one or more races to indicate what you consider yourself to be. White
Other Description:
Are you Spanish/Hispanic/ Latino? Mark the "No" box if not Spanish / Hispanic / Latino. No
Physically Challenged: No
NOTE: If appointed, you will be required to follow certain laws which apply to city board/committee members.
These laws include, but are not limited to, the following:
o Prohibition from directly or indirectly lobbying city personnel (Miami Beach City Code section 2-459).
o Prohibition from contracting with the city (Miami -Dade County Code section 2-11.1).
o Prohibition from lobbying before board/committee you have served on for period of one year after leaving office (Miami
Beach Code section 2-26).
o Requirement to disclose certain financial interests and gifts (Miami -Dade County Code section 2-11.1).
(re: CMB Community Development Advisory Committee): prohibition, during tenure and for one year after leaving office,
from having any interest in or receiving any benefit from Community Development Block Grant funds for either yourself,
or those with whom you have business or immediate family ties (CFR 570.611).
Upon request, copies of these laws may be obtained from the City Clerk.
"I hereby attest to the accuracy and truthfulness of the application and have received, read and will abide by Chapter 2, Article
VII — of the City Code "Standards of Conduct for City Officers, Employees and Agency Members."
I Richard Segal agreed to the following terms on
Received in the City Clerk's Office by: l
Z 1A
Name of Deputy Clerk Control No. Date
Richard Ian Segal is a partner and practices in Kluger Kaplan's commercial litigation and family law
groups, assisting clients in a range of business and corporate litigation matters, and matrimonial disputes.
Richard has extensive experience handling disputes with large financial institutions in real estate, wealth
advisory, investment management, and trust relationships and transactions. Richard specializes in
fiduciary duty disputes and punitive damages claims. Richard's philosophy centers around aggressive
tactics and innovative legal theories aimed at reaching a quick, favorable result for his clients at a
reasonable cost. Richard prides himself on meeting potential new clients and giving them the individual
attention that they deserve and following through by providing devotion and detail to their cases.
Education
University of Miami School of Law, J.D., cum laude
• University of Michigan, BA
Noteworthy
• Florida Trend Legal Elite, 2013
As proud University of Michigan alum,
Richard is a diehard University of
Michigan football fan. As an English
major, Richard studied in detail fellow
University of Michigan famous alum, the
playwright Arthur Miller. "If I see an
ending, I can work backward" — Arthur
Miller. Like Miller, Richard always
begins by envisioning the ending, the best
outcome for his client, and then works
backwards to get the most favorable result
as quickly as possible. As a third
generation Miami Beach native, Richard
grew up in a family that is deeply
ensconced in the local community.
KLUGEit KAP( AN
• Florida Trend Legal Elite, Up and Comer, 2011-2012
• Florida Super Lawyers Magazine, Rising Star, 2012-2014
Community Activities
• Board Member of the Executive Board of Governors of the Miami Beach Chamber of Commerce
• Board Member of the Board of Governors of the Miami Beach Chamber of Commerce
• Board Member of the Miami Beach Chamber of Commerce Law Council
• Co-chair of the Emerging Leadership Council of the Miami Beach Chamber of Commerce
Board Member of Mount Sinai Medical Center Foundation, Young President/Founder
• University of Miami Law School Alumni Group
• Member, Miami Beach Bar Association
Publications (a sample of which are enclosed herein)
• Step Away from the Computer: Divorce, Internet Don't Mix, Daily Business Review, 3/23/15
• A Torrent of Partner Additions Thanks to Economy, Daily Business Review, 3/2/15
• Same Marital Issues Apply to Same -Sex Marriages, Daily Business Review, 1/13/15
• New County Procedure Frees up Bonds for Developers, Daily Business Review, 4/24/12
Richard [an Segal
IIIIIIII III
Member Since:
10/01/2008
0057187 ,
LAW I REAL ESTATE f FINANCE
DailyBusinesslllleview.com
An AUM Publication MARCH 23,2015
:,SS REVIEW
Step Away From the Computer: Divorce, Internet Don't Mix
Commentary by Jason Marks
and Richard I. Segal
By now it should come as no
surprise that content posted on
Facebook, Instagram, Twitter,
LinkedIn and other online fo-
rums is open for the whole
world to read. Nor is it a secret
that such public postings are
discoverable in court.
Like social media itself, laws
concerning the discoverability of
social media in family law pro-
ceedings is evolving.
In January, the Fourth District
Court of Appeal in Nucci v.
Target, 40 Fla. L Weekly D166,
a personal injury case, compelled
discovery of photographs from
the social media accounts of the
plaintiff, a customer of Target.
Target argued that the images
are relevant to the plaintiffs
claim of injury in that it would
allow a comparison of her cur-
rent physical condition and limi-
tations to her physical condition
and quality of life before the date
of a slip and fall.
"We agree with those cases
concluding that, generally, the
photographs posted on a social
networking site are neither priv-
ileged nor protected by any right
of privacy, regardless of any pri-
vacy settings that the user may
have established," the appeals
court said.
The court further said that
"by creating a Facebook ac-
count, a user acknowledges
that her personal information
would be shared with others ...
indeed, that is the very nature
and purpose of these social net-
working sites else they would
cease to exist."
In compelling production of
the images from the plaintiffs
Facebook page, the court spe-
cifically found that "the photo-
graphs sought were reasonably
calculated to lead to the discov-
ery of admissible evidence and
[the plaintiff's] privacy interest
in them was minimal, if any."
While this case was in the
personal injury context, it
is fully applicable to family
law proceedings.
Most of us know someone
with an overwhelming compul-
sion to publicize every detail
of his or her personal life on-
line—including taking jabs at
a soon-to-be ex-spouse. When
going through a divorce, posting
pictures of yourself with the hot
blonde you met at a bar or tell-
ing the world what a bad parent
your spouse is might seem like
a good idea, but before you do,
think twice and then stop away
from the computer.
With technology at our fin-
gertips, our only worry is no
longer don't pick up the phone
angry because you might regret
what you say, but has expanded
to think before you text, think
before you tweet, think before
you update your Facebook sta-
tus or post an lnstagram photo.
Just like an employer can
check your online identity be-
fore making a job offer, you can
be sure your embittered spouse,
and certainly his or her lawyer,
will visit your Facebook and
Twitter pages to dig up any in-
criminating information you
Jason Marks
have decided to share with the
world. A variety of things can af-
fect your eventual custody or ali-
mony battle. Nowadays some-
thing that you perceive to be an
innocent comment "can and will
be used against you."
Your husband is incapable
of fidelity? Call up a friend and
discuss it over coffee. Your wife
is an absent parent? Hash it out
over happy hour. But definitely
think again before bashing your
spouse on the Internet. Even
private posts that are limited to
your friends appear now to be
discoverable in litigation. Keep
in mind that anything posted
online is easily traceable by fo-
rensic experts and can never be
truly deleted.
It is not just the written word
that one might regret. Likewise,
be wary of posting pictures of
yourself engaging in question-
able behavior. In a custody dis-
pute, photos of you drinking,
doing drugs and engaging in
Richard I. Segal
sexual contact can all be used
against you in court to question
your fitness as a parent.
Our policy is simple. Ask
yourself: How would I feel if I
saw this post or picture perma-
nently plastered on a billboard
for the whole world to see? If
the thought of this even leaves
you mildly embarrassed, don't
post it. Because when you think
about it, today's social media is
as open and public as doing just
that. Always err on the side of
caution. No one has ever said
"I really wish I had put up that
picture of myself on Facebook"
but plenty of people have lived
to regret it.
Jason Marks, a founding
member at Kluger Kaplan
Silverman Katzen & Levine, and
Richard Segal, a partner at the
firm, focus on commercial
litigation and family law, assisting
clients in a range of business and
corporate litigation matters, and
matrimonial disputes.
InTAl
LEGAL PROFESSION
REAL ESTATE I FII',ANCE
DaiIy usinessReviewxom
An ALM Publication MARCH 2,2015
S REVIEW
ATORRENT OF PARTNER ADDITIONS THANKS TO ECONOMY
by Julie Kay with
research by Chris Futrell
South Florida law firms
promoted 139 associates to
partner and hired 80 new
laterals in 2014. The 219
new partners is a 56 percent
increase over 2013.
Meet Josh Rubens and
Richard Segal. At 31 and
30, respectively, and just six
years out of law school, these
lawyers already have made
partner at Miami -based
Kluger, Kaplan, Silverman,
Katzen & Levine—perhaps
the youngest partners in
South Florida.
Rubens and Segal earned
their stripes after filling in
at a major trial for an ail-
ing Bruce Katzen and Alan
Kluger, who had a conflict
in another trial. The judges
denied continuances in both
cases, and the young lawyers
notched wins.
"People say, `Why did
you make them partners so
young?' and I say, 'They're
front-line lawyers, they can
take a case from intake to tri-
al; " Kluger said. "They de-
serve it. They're superstars"
Rubens and Segal are part
of a wave of new partners
sweeping South Florida—
either through lateral hiring
or promotion—in numbers
unseen since the start of the
2008-2009 recession.
Law firms that respond-
ed to the Daily Business
Review's annual survey
of new partners in South
Florida said they promoted
139 associates to partner in
the past year compared with
85 the year before. They also
brought on 82 lateral part-
ners in the past year, up from
55 the year before. The 221
new partners represents a
56 percent annual increase.
Experts say the upward
swing in partnerships can
be attributed to the recover-
ing economy. And top later-
als in hot practice areas and
geographical regions are be-
ing heavily courted by legal
recruiters as partnership
doors are again opening for
deserving associates.
"In response to the global
recession, law firms were
struggling mightily to main-
tain their partner profit-
ability ratios from the past,"
said Bill Brennan, a law firm
consultant with Brennan
Strategy LLC of West Chester,
Pennsylvania. "They were
doing that partially by de-
laying new partners from
associate ranks. Now that
it's been several years and
it appears that law firms
are recovering from the tre-
mendous pressure, they've
opened up the thicket to pro-
mote associates."
A SHIFT AT AKERMAN
Akerman is a prime ex-
ample of the trend. In 2013,
Josh M. Rubens and Richard I. Segal J. ALBERT DIAZ
the Miami -based law firm
promoted just two South
Florida lawyers to partner
and added seven laterals.
Last year, Akerman promot-
ed 15 associates to partner
and attracted nine laterals in
the region.
The lateral hires in liti-
gation, corporate and real
estate law included a four -
lawyer group from the de-
funct Tew Cardenas, the
former general counsel of
FriendFinders Network
Inc. and former lawyers
from Gunster and Liebler,
Gonzalez & Portuondo.
"I certainly feel the lateral
market is increasing;' said
Andrew Smulian, Akerman's
chairman and CEO. "That is
a continuing phenomenon.
We get terrific resumes in all
the markets, so we can be
thoughtful and deliberate in
bringing on good people."
Smulian added Akerman
appreciates "the unique
value diversity brings to the
firm and the work we do for
clients.
The promotions last
year included seven women,
one Hispanic and one black.
"Building a firm that re-
flects the makeup of our cli-
ents is an essential part of
understanding and meeting
their needs," he said. "We
are focused on maintaining a
culture enriched by a diverse
mix of backgrounds, talents
and ideas"
MORE FIRMS JOIN
TREND
Other law firms that expe-
rienced an increase in lateral
hiring and promotions in the
pastyearincluded Greenberg
Traurig, which had 18 new
partners -13 laterals and
five promotions --compared
with eight the year before;
Gunster, with nine new part-
ners, compared with four
the year before; and Carlton
Fields Jorden Burt, with six
new partners, compared
with five the year before.
For Greenberg Traurig,
the sharp increase in laterals
was due to the firms active
recruiting, said Matt Gorson,
firer. co-chairman who over-
sees recruitment in the
southeastern United States.
Greenberg Traurig
picked up 13 laterals in
2014, including a three-
member group from Littler
Mendelson; Tallahassee
rainmaking lobbyist Fred
Karlinsky, who joined with
Rich Fedei; and Israel
Sanchez and Jeff Tenen,
who rejoined the firm from
Hughes Hubbard & Reed.
"These were opportunis-
tic hires," Gerson said- "They
wanted to work with our
platform. One person, I was
recruiting for a year. Most of
the time, they are dissatisfied
with their existing firm."
Patrick Martin, who
worked at littler for 11 years
as a labor and employment
partner and helped open
its Florida office, joined
Greenberg 11aurig last
month with two other law-
yers from Littler
"Certainly, the lateral mar-
ket is hot," Martin said. "I had
been pursued, as had my col-
leagues. I have looked at oth-
er firms and this was a good
opportunity. an opportunity
for Greenberg to expand
their labor and employment
practice locally and for us
to capitalize on Greenberg's
brand in the market. Of
course, there was a financial
incentive as well:'
Some law firms brought
on laterals as a direct in-
vestment in their next gen-
eration of leadership as cur-
rent leaders look toward re-
tirement. Podhurst Orseck,
for example, recently added
Roy Altman, who became
only the firm's third lateral
hire in its 48 -year history.
Altman, a former federal
prosecutor, will assist with
complicated class actions,
mass torts and aviation
matters. The current head
of the firm, Aaron Podliurst,
is still practicing at 78.
Some law firms absorbed
new laterals due to the de-
mise of other firms, includ-
ing those that picked up
lawyers after the breakup of
Tew Cardenas. Others picked
up laterals through merg-
ers, such as when Carlton
Fields acquired Jorden Burt
early last year, and when
Hamilton, Miller & Birthisel
merged with dela.ncyhill.
IMPACTOF RECRUITERS
With more firms turn-
ing to legal recruiters to
locate and lure talent,
the recruiting industry
has become increasingly
crowded and competitive.
Joe Ankus of Ankus
Consulting in Weston, a legal
recruiter since 1991, said he
is amazed at the brazenness
of new recruiters trying to
capitalize on the burgeon-
ing South Florida market. He
said partners he has worked
with over the years have
been forwarding him emails
they have received from out-
of-town recruiters.
"Recruiting is an interest-
ing business in that all you
need is a phone and oper-
ating vocal chords to be in
business," he said. "When
times are good, recruiters
sprout like weeds. And when
the market faIN, they are no-
where to be fotmd:'
In the past, Ankus said,
it would take him hours to
"break down" a law firm and
find appropriate candidates
to approach with job of-
fers. He said he spent years
building relationships with
these lawyers over countless
breakfasts and lunches.
Now, recruiters smell-
ing big bucks from as far
away as New York and
California troll law firm
websites to send mass
emails to partners.
"What took me 10 hours
to do previously now takes
minutes because of the
Internet and email," he
said. "These new recruiters
are under the assumption
that it takes five phone calls
and you make a placement
It's not like that. They're
simply trolling and dredg-
ing. It really falls into the
category of spam. The law-
yers ask ine, 'Who is crazy
enough to think I would
bite from an unsolicited
email from no one I know
in Van Nuys, California?' "
Barbara Alonso of Squire
Patton Boggs in Miami, who
specializes in corporate fi-
nance and Latin America
deals, is one of the partners
being wooed. She said she
has been getting email blasts
from a Los Angeles recruiter
twice a week since December.
"The legal market is realty
hot," Alonso said. "This is the
hottest I've seen the market
since the recession. But I'm
happy where I'm at"
Ankus said the current
need is for real estate and
corporate transactional
partners.
"We are getting a lot more
demand for lateral partners
in all transactional areas; he
said. "What that tells me is
the economy is improving."
Abbe Bunt of Bunt Legal
Search puts her mission
from law firms another way:
"You heard the old adage
location, location, location?
Well when it comes to law
firm laterals, it's real estate,
real estate, real estate. That's
what they want. There's not
enough of those lawyers to
keep up with demand in
South Florida."
`FEVERED PITCH'
For the highest perform-
ing lawyers in top markets
like Houston, New York and
Miami, competition is "at
a fevered pitch," said Kent
Zimmerman, a law firm con-
sultant with the Zeughauser
Group of Miami.
For example, The
American Lawyer, an ALM
affiliate of the Daily Business
Review, reported in April that
Kirkland & Ellis guaranteed
a 35 -year-old lateral partner
who specializes in energy
about $5 million in annual
compensation to entice him
to leave the Houston office of
Simpson Thacher & Bartlett.
And while "stratospheric"
salaries like these are not
yet commanded in Miami,
the market is getting in-
creasingly more competitive
in the areas of real estate
and Latin America deals,
Zimmerman said.
"For firms in Miami—
the small ones as well as
the Akermans—they are
facing fiercer competition
for their top people," he
said. "Miami has gotten to
be a hotter market as the
economy recovers "
Julie Kay can be reached at
305-347.6685.
January 13, 2015 Circulation: 5,099 / UMV: 52,417
Com-od-y by Rict-rd SeBal
As a lifelong Florida-
resideriL it is a proud
moment to see Florida
recognize Saine-seta
fflamagp mid further
efluality fiaralL 11jisw7u;
a long Wite coming and
is a day to m-lebrate-
Iftrwever, the cel -
Segal ebration and joy for
many same-sex couples
offinally being able to get married should
not overshadow the fact that marriage
still has very real kjPd ramifications for
an newlyweds.
Icor thow.store-mix reit silk es -who have
been togedwr for a very long time and
marriage now is simply a k_%,al recogni-
tion for their already long-estab6hed
loving relationship, many of these legal
flintfly law principles such as erluitaW
distribution anti alimony tnif-dit be m)%,Pl
ce
conpts to consider and s1rould spark
new and open conversations with a
spouse before, thy-bling to run to the al-
tar
Many same-sex couples are well-
established in their careers and art!
walking into the marriage with love and
ji ry-4nn also with a lot of assets.
As a family law practitioner and
partner at Kluger. Kaplan, Silvennan,
Kaven & !Awirm, I would advise arts
potential couples, young or aid, gay or
straight, that a prenuptial agreement
is a wonderful tool to lay out from the
outset before getting married to de-
cide what each spouse
would receive if the
marriage unfortunately
came to au end.
As I expWit tet poten-
tial clients, my firm would never advise
potential business partners to go into a
liletong deal. invest all of their assets. but
not document; the deal and enter into a
rivar parineN, iip agreement.
Thinking front a practical standpoint,
anti unfortunately recognbdrig the di-
vorce rate in the U.S.. it Lq not a finxx
pas to consider entering into a prenup-
tial agreement. If flit., marriage is strong
and forn-mr Iastft tg, whiiii vve all go into
marriage firmly believing, time a prrk
nuptial agreement will always remain
simply a document stashed away in a
vatiffia Folder and never have an impact
on the relationship. I fully envision set -
big an uptick in bushu--,s anti am happy
to now be able to protect all couples as-
set,; belom- marriage.
Same Marital Issues Apply to Same -Sex Marriages
EQUITABLE VISTRIELffIGN
it is anticipated and Ise.P no reason
for the courts tel deviate, that prior ease
law in Florida re.garding family law is-
sues in heterosexual marriages will
equally apply tosame-sex marriapts.
Two important concepts to consider
when entering into a marriage are orl-
idtable distribution and alimony. fit
Florida. tinder the ecluitaW diA.ribudim
statutes. Fiat, Stat. §01 07.5, marital assets
and liabilities include:
* Asset; acquired and liabilities in-
curred during the marriage. individually
by either ;pause or jointly by them.
The enhant-P.ment in value and ap-
preclation of trolimarital a."V..ts resulting
either front the efforts of either party
during the marriage or from the run-
tribution to) or emixtiditure thereon of
marital funds or other foruts of ma dtal
assets, or both -
0 Interspousal gifts during the mar-
riage.
* Ali ivsuxl and minvested heirefits,
rights and funds accrued during the
juarriage in retfix,,menl, pension, profit-
sharing, annuity. deferred coutpensa,
tion, am] insurairce plan-, mid progritm,;_
Soniething to consider for couples
thinking about marriage, as practice
tip, is that even nota ma funds; can
hit trat",ititiA and characterized by the
court its inariud assetssubject to Nei -
table distribution if the nontuarital ftinds
Avere commingled with trucrital ftinds
during the marriage.
I,, Pfhmryle a lyrekqle, 976 So. Zd
1114 (11a, ?d 1X:A 2008). the court held
that rummarital funds lost their charac-
ter once conuliingkd in the husbarid*s
pe.rsolud account with marital funds.
'Even if an account is titled in one
spouses name alone, it may become
marital if both marital and normiari4d
funds an commingled in that air ount,"
the court said.
ALIMONY
Another concept to cons 5chr is ali-
mony.
"in a proceeding for dissolution of
marriage, the court may grant alimony
u) either party, which alimony may be
bridge -the. -gap. rehabilitative, dura-
tional or pertrument in
nature or any combina-
tion of these forms of
alimony, In any award of
alimony, the court may
order periodic pityinents or payments
in lump sura or both' 'Stm Fla- Stat,
961.08.
"in determining whether to award
alimony or maintenance, the court shall
first make a sTocific factual deterruitia-
tion is to whether either party has an
actual need for alimony or maintenance
anti whether either patty has the abil-
ity to pay alimony or maintenance."See
alsoSearcey r. SemrrerL 923 So- Zd 528,
529 (111. Zd D(:A 2").
'I'lierefore for same-sex martiages
there should be, a moment taken that
while their right to marry is now rex
agnized in Florida, so too will their
rights and obligations; to each other be
enforced once married. for example,
through equitable distribution and ah-
mony.
While some of these concepts smin
daunting or something that any couple
would Kdor not to consider befirm recit-
ing their vows of marriage, our fine al-
ways cautious clients, and no differeatiy
will continue to for sairre-sex couples. to
consider entering Into prenuptial agnit-
merits or at the Bare mininium In have
air open and frank discussion with your
lover. 71te key to any marriage. is open
and
Richard Segal is a parmer at Kluger,
Kaplan. Silverman. Katzen & Levine, He fo-
cuses his practice on commercial litigation
and family law, assisting clients in a range of
business and corporate litigation matters,
and matrimonial disputes.
_: It
P111111111" DAILY BUSINESS REV I[W
River Landing project Hoping
To Score Millions From County
. . . .. ......... .
Schwartz
April 24, 2012 Circulation; 9,796
— PRACTICE FOCUS 1 REAL ESTATE
New county procedure frees up bonds for developers
Commentary by Alan Kluger
and Richard Segal
1nL'n 5eE:kaRg a plaaL
to build cin a piece
of land, a developer
must put up a band that is held
as sermty in exdmnge for
the; developer's agreement to
pay for tvrtairi improvements
to the public leaihn. Stich its
sidewalks, street pavers and
crosswalks.
Until the
mcent u n-
premdente d
downturn in
the real estate
market, there
%%,atss never awry
reason whcTe y
Kluger a developer
would seek to
vacate a plat, since even if the
initial developer decided not to
pursue the pro or..t and build
on the land,
having the land
Amialready platted
% es a valuable
asset, which, in
normal real es-
117_tato maditions,
would be sold
Segal along %ith the
land.
tinder normal circuansumc-
es, the developer who decide it
not to pursue the project wood
sell the land along with the
plat as an additional iw"Wve
to the buyer. But during the
dowmturn, many developers
made the economic decision
to hold the land rather than
develop on it until the market
recovered. With no immediate
intention to build on the Land
— and very little,- opportunity to
sell the vacant land along with
the plat --- developers were left
searching for a timely solution
to release this band and obtain
the needed rash flow Yet for
dmweltipers in Miami -Dade
County, no such proctAure ex-
isted. Until nov%A
Working closely with Public
Works and Waste Management
Department of Miami -Dade
County, tve, were able to create
a prot,idtirm, that would allow
dm*vc+jtier m to vanaw, the plant
already recorded in the public
record and rerver the, cxarrp-
sponding bond held in escrow.
According to public works of-
ficials at the county, there are a
nunther of bonds ,currently in
plaact: whereby the, developer
has not gone fontivard with
their project and Ls unlikely to
do so for rnany years, to come.
Aitnting c lhpr thin,, rem—ind-
inng a plaat re( tims drafting of
a n%sokation to rescind that
Eft
nee& to be apprcnved by the
Miarrtn-Chic Board of County
Commissioners. Whik" not tw-
ribly than= cxxs wiJi g, it can be
complex and requires careful
attention to dt44 an under-
standing of the lam,, and an abil-
ity to navigate the v;mous aWn-
cie-s at the mxiunnty kwel.
Thi_+; near procedure pro-
videN a perfw l sjwrk, for both
the c tumly and the developer
along %vith his attorney, to work
together to return the bond
and reappb, ror a plat when
ready to build.
With the pruc tAure and
initial prec e.dent complete, this
process of vacating a plat far
the purposes of rtx overing a
bond twill likely` be an tool that
de-w.kipers -will alwuyrs consid-
er. Miami's real estate market
Ls cychratl annd the rec vnt re-
cession only made develojx,rs
more cautious about: Lawnching
new projects. But with this
procedure, a developer can
alwayrs recmier a brand if they
change their mind on a projoct
or ram -see a do%vnitwn in the
market, and thi=n pre=pare to
build again once the market
recovors.
Alan !huger isa founding part-
ner of Miami -based litigation firm
Kluger, Kaplan, Silverman, Katzen
& Levine, Richard Segal is an associ-
ate at the firm.