CAO 03-11 RDP - Saul GrossMURRAY H. DUBBIN
Ci~ Attorney
OFFICE OF THE CITY ATTORNEY
F L 0 R
I D A
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
June 11,2003
Commissioner Saul Gross
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Commissioner Gross:
You have been provided a copy of a letter to me dated June 10, 2003 from Stuart K. Hoffman,
Attorney for RDP Royal Palm Hotel Limited Partnership (RDPHLP). You have requested my
opinion as to whether the statements contained therein and the actual facts constitute a conflict of
interest, which would prevent your participation and vote on issues relating to RDPHLP or its
related companies.
We have reviewed the matter, which refers to your relationship to a business entity which existed
in March of 1996 and which is long since dissolved. Since you have no present interest in any
entity or transaction whereby your vote may affect your special private interest, I have concluded
that you have no conflict of interest in addressing the issues likely to come before the Mayor and
Commission and you may thus vote on whatever issue may arise on the cited matter.
Sincerely yours,
City ^tto~n~;
MHD:Im
1700 Convention Center Drive -- Fourth Floor - Miami Beach, Florida 33139
HUNTON
June 10,2003
· HUNTON & WILLIAMS LLP
I I I t BRICKELL AVENUE
SUITE 2500
, MIAMI, FLORIDA 33131-1802
TEL 305 · 810 - 2500
FAX 305 · gl0 · 2460
STUART K HOFFMAN
DIRECT DIAL: 305-810-2594
DIRECT FAX: 305-810-1603
EMAIL: shoffman~hunton.com
F1LE NO: 61760.1
Via Hand Delivery
Murray Dubbin, Esq.
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33130
Re: Royal Palm Crowne Plaza Resort (the "Hotel)
Dear Mr. Dubbin:
As you know, the undersigned represents RDP Royal Palm Hotel Limited Partnership
("RDP").
The Miami Beach Redevelopment Agency (the "Agency") will be voting on a proposal
which has been submitted by RDP to the Agency in an effort to settle the disputes and controversies
between our client and the City and the Agency. The Commission meeting at which the vote is sched-
uled will be held on June 12, 2003. That vote is of critical importance to RDP and the future of the
Hotel.
This past weekend, we learned, for the first time, that Commissioner Saul Gross was a
participant in and a principal of one of the competing groups which submitted a bid in response to the
Request for Proposals No. 45-9596, as amended. This is the same Request for Proposal pursuant to
which Mr. Peebles' group was selected to negotiate the
The proposal in which Commissioner Gross participated
votes on matters involving the Hotel, Conunissioner Gms.~
with the competing group. Please note the enclosures
by Commissioner Gross' group.
On behalf of our client, I am
priate for Cormnissioner Gross to vote on maiters
to ask Cormnissioner Gross to abstain from
finder which the Hotel was developed.
ected. As Commissioner, prior to his
disclosed to RDP his involvement
copied from the proposal submitted
,/
determine if it is appro-
)ending such determination,
cc: RDP Royal Palm Limited
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WYNDHAM PALM RESORT
MIAMI BEACH
A PROPOSED DEVELOPMENT OF
PALM RESORT PARTNERSHIP
PALM RESORT PARTNERS, INC. AND
WYNDHAM HOTELS AND RESORTS
WYNDHAM PALM RESORT
MIAMI BEACH
A PROPOSED DEVELOPMENT OF
PALM RESORT PARTNERSHIP
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PALM RESORT PARTNERS, INC. AND
WYNDHAM HOTELS AND RESORTS
in response to
REQUEST FOR PROPOSALS NO. 45-9596
CITY CENTER/HISTORIC CONVENTION VILLAGE
REDEVELOPMENT AND REVITALIZATION AREA
AFRICAN-AMERICAN HOTEL DEVELOPMENT OPPORTUNITY
MARCH 31, 1996
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Saul K. Gross
2900 Flamingo Drive
Miami Beach, Florida 33140
EXPERIENCE
July 1986 -
Present
Dec 1986 -
Apr 1989
July 1983 -
June 1986
July 1981 -
June 1983
Sept 1979 -
July 1981
EDUCATION
STREAMLINE PROPERTIES, IN~., Miami Beach, FL
President of real estate brokerage, management and development
company. Pioneered gut rehabilitation of residential and
commercial buildings in the Art Deco District. Oldest established
brokerage company specializing in South Beach.
THE TROPICS INTERNATIONAL, Miami Beach, FL
Owner of one of the earliest restaurants on Ocean Drive.
THE URBAN GROUP, New York, NY
Vice President of real estate syndication company.
MORGAN, LEWIS & BOCKIUS, New York, NY
Attorney. Represented real estate developers and institutional
lenders.
BACHNER, TALLY & MANTELL, New York, NY
Attorney. Represented major midtown landlords and real estate
investors.
UNIV. OF PENNSYLVANIA LAW SCHOOL, J.D. 1979
CORNELL UNIVERSITY, B.A. 1976
CITY BOARDS &
COMMUNITY SERVICE
City of Miami Beach Boards and Committees
Design Review Board (1993-1996) Current Chairman
Charter Review (1992)
I1.
Community Service and Affiliations
Miami Beach Development Corp. - Director (1991-1996)
Miami Beach Chamber of Commerce - Board of Governors (1988-1989)
Miami Design Preservation League
III. Miami Beach Chamber of Commerce - Citizen of the Year 1993
.STREAM I.I N E
PROPERTIES, INC.
STREAMLINE PROPERTIES, INC. was established by Saul Gross for the
purpose of rehabilitating and managing residential and commercial properties in the
historic Art Deco District of Miami Beach, Florida. Gross is recognized as one of the
pioneers of the Historic District. Arriving on the scene in 1984, he immediately came
to recognize the value of South Beach's historical heritage and set out to preserve it.
In 1986, he established STREAMLINE PROPERTIES, INC., which led the way in
the restoration of some of the area's most treasured Art Deco structures. In the
process, STREAMLINE helped to spark the renaissance that transformed the area
from the ravages of urban blight to the art and fashion capital of the world.
In the Art Deco District today, STREAMLINE is responsible for more than $7
million invested in the restoration of twelve residential buildings and an additional $3
million invested in commercial property.
STREAMLINE currently manages approximately 275 residential units in
fourteen (14) different apartment/condominium buildings, 45,000 square feet of retail
space on Washington Avenue and 25,000 square fcct of offices.
STREAMLINE offers its clients extensive experience and eXPertise in the
South Beach area. The company is able to assist in structuring deals, clarifying
legalities and identifying zoning regulations. Gross' legal background, as well as his
extensive civic involvement, including acting as the Chairman of the City of Miami
Beach Design Review Board, allows STREAMLINE to offer its customers invaluable
insights when it comes to doing business on South Beach.
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SWORN STATEM~ENT PURSUANT TO SECTION 287.133(3)(a),
FLQRIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FOR31 5lUST BE SIGNED AND SWORN TO IN TI{E PRESENCE OF A NOTARY PUBLIC OR OTHER OFI;ICIAL
AUTHORIZED TO ADNfhNISTER OATHS.
1. This sworn st,'tement is submitted to C [ '7"y ~) ~ /~ [/~//d [~ ~"10~ ~., ~-~
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(print individual's namc and title)
(print name of entity submitting sworn statement)
whose business address is [[2.; ~l~j~/It/ff_y"7~OA/
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
I understand that a "public entity crime" as de£med in Paragraph 287.133(IXg), Florida Statutes,
means a v/olation of any sta~ or federal law by a person with r,:spect to and directly related to the u'ansaction of business with
any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited
to, any bid or con~'act for goods or servi~s to be provided to any public enfty or an agency or political subdivision of any other
state or of the United States and involving ant/mt, fraud, theft, bribery, collusion, rackcteermg, conspiracy, or material
misrepresentaficn.
I under~w, and that "convicted" or "convicti,m" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt
or a conviction ofa pubIic entity crime, with or without an adjudication of guilt, in any federal or state trial court of record
relating to charges brought by indictment or information after July 1, 1989, as a result of ajury verdicL non-jury tr/al, or entry.
of a plea of guilty or nolo contendere.
4. I undemtand that a.n "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A pr~ecessor or successor of a person convicted of a public entity crime; or
2. Aa entity under the control of any natural person who is active in the management of the enti~' and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, parmers,
shareholder~, employees, members, and agents who are active in the management of an affiliate. The ownership by
one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among
persons wt~,en not for fair market value under an arm's length agreement, shall be a prima facie ease that one person
controls another person. A person who knowingly enters into a joint venture with a person who has been convicted
ora public entity crime in Florida during the preceding 36 months shall be con_qidered an affiliate.
5. I underxtand that a "person' as defined in Paragraph 287.133(I)(e), Florida Statutes, means any natural person or entity
organ/zed under the laws of any stale or of the United St~-'s with the legal power to enter into a binding contract and v,'hich bids or applies
to bid on contrac~ for the provision of goods or services let by a public entity, or which otherwise lxansacts or applies to transact business
with a public entity.. The term "person" includes ',hose officers, dkectors, executives, partners, shareholders, emplo>ees, members, and
agents who are active in management of an entity.
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6. Based on information and belief, the statement which I have marked is ~rue ~n relation to the entity submitting this sworn
statement. (indicate which statement applies.)
Neither the entity submiu~ng this sworn statement, nor any o£it~ officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the mmagement o£the entity, nor any affiliate of the entity have
been charged with and Convicted ora public entity crime subsequent to July [, t959.
The entity submitting ~ sworn statemenk or one or more of the officers, directors, executives, pa.n~ers, shareholders,
employees, members, or agents who are active in the management of the entity, or an affiliate of the ent/ty has been
charged with and Convicted o£a public entity crime subsequent to July l, 1989.
The entity submitting ~ sworn slatement, or one or more of its o~cers, directors, executives, parmers, shareholders,
employe~ members, or agents who are active in the management of the entity, or an affiliate of the entity has been
charged with and convicted ora public entity crime subsequent to July l, 1989. However, there has been a subsequent
proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order
entered by the Hearing Officer determined that it was not in the public intere~ to place the entity submitting this sv, om
statement on the convicted vendor list. (alXach a copy of the fioal order)
I IYNDERSTAND THAT TttE SUBMISSION OF THIS FORM TO TI~ CONTRACI I~'G OlqqCER FOR TI~ PUBLIC ENTITY
[DEN 1 ~ L~D 12q I'ARAGR.MHI 1 (ONE) ABOVE IS FOR THAT PUBLIC EN 111 Y ONLY AND, THAT l I~IS FORM IS VALID
TIfROUGH DECEM. BER 31 OF ~ CALENDAR YEAR IN WttICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN' EXCESS OF TtIE
TItRESHOLD AMOUNT PROVIDED 12q SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE
IN TI~ INFORaMATION CONTAINED IN TttIS FORM.
(Signature)
(date)
STATE OF ~.0~.1~
co T¥OF bqJS(
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PERSONALLY APPEARED BEFORE ME, the undersigned authority,
'~,~'/~ /~' (:~.~$~ , who, a~ter first being sworn by me, aff~xed his/her signature
in the space provided above on this /.~' day of z4~M:~,LO// , 19 ~ .
My Com'nission Expires:
i OFY
rCT. AL NOTARY SEAL
5~L~x L MAR'nNS. Z !
NOTARY I~JBLIC STATE OF FLORIDA~
COMMLe$!ON NO. CC381846
MY COMMISSION EXP. ]ULY 26,199~ .]
FORM PUR 7068 (Rev. 06/05/91)
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II ~ STREAMLINE PROPERTIES, iN '
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March 31, 1996
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
RE: Disclosure
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Competitive Projects:
None
Bankruptcy:
None
Litigation:
None
Sincerely,
Saul ~. Gross,
President, Streamline Properties, Inc.
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. 1~25 WASHIN¢..~TON AVENUg · MIAMI ~3EACH. FLORIDA.:I-R13g · (3051 532-7368 ~ F-AX (30-5) .5~8-O917
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STREAMLINE PROPERTIES, INC.
I996
Mr. Jose Garcia Pedrosa
City Manager and Executive Director
Miami Beach Redevelopment Agency
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Request for Proposal - City Center/Historic Convention Village Redevelopment
and Revitalization Area, African-American Hotel Development Opportunity
Dear Mr. Garcia-Pedrosa:
We have read the Miami Beach Redevelopment Agency's (RDA) Request for Proposal
entitled City Center/Historic Convention Village Redevelopment and Revitalization Area,
African-American Hotel Development Opportunity. On behalf of our proposal team, we
agree to an accept the terms, specific limitations and conditions expressed therein. In
addition, we have read, rely upon, acknowledge and accept the disclosure and disclaimer
which is attached to and is fully incorporated into this letter.
Sincerely,
Saul Gross.
President, Streamline Properties. Inc.
Palm Resort Partnership
(PROPOSER'S NAME)
WASHINGTON AVENUE · MIAMI BEACH. FLOR DA 33 3'-3 · (3051 532-7368 · FAX {'305) :538-0917
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DI$CLQ_S_UR~ AND DISCLAIMER
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3q~,s Request for Proposals ('RFP") is being furnished ro the recipient by the Miami Beach
Redevelopment AgenCy (qLDA") for the recipiem's convenience. Any action taken by the City
of Miami Beach (the 'City") or the tLDA, or the failure to take any action, in response to
p~-oposals made pursuant to this RFP, in making any awards, in failing or reOasing to make any
awards pursuant to such proposals, in cancelling awards, in withdra~ving or cancelling this RFP,
either before or after is;uance of an award, or in taking or failing to take any other action
whatsoever in connection with th.is RFP shall be without any liability or obligation on the part of
the City or the P.DA.
La its sole discretion, the RDA may withdraw the RFP either before or after receiving proposals.
may accept or reject proposals, may allow or refuse to allow modifications to proposals and may
'accept propo~lz which deviate from the RFP as it deems approphate and in its be.st interest. In
its sole discretion, the 1LDA may dete~o,lne the qualifications and acceptability of any party or
parties ~bmitting proposals in response to th.is RFP.
Afte[ submission of the bids, no change to a bid will be permitted if the change results in. a
violation of a material requirement of this RFP or results in a material modification of the bid.
The dete~a'2nation of what is 'material,' as that term is used in the preceding sentence, will be
made soleiy by the General Cotmsei of the P/DA, whose determination will be Fm,xl.
Each proposer and. its team members mad any other individual or entity which has provided
references in this proposal, hereby give the City and the RDA permSssion to contact the
refemndes listed in the proposal and to obtain information about the proposer or is principals and
represefitatives from the individv.~!s listed as reft. Following submission of a proposal, fix:
applicant a~tees to deliver tach further details, information and .as.!mances, including additio~l
financial and disclosure dant, relating to the proposal and the applicant., including the applicant's
~q~zliates, officer*, direet__or~, shaxr, holder~, paxtuers anckemployees, ~ may be requested by the
RD^ in its discretion.
The information contained herein is provided solely for the convenience of prospective
development entities, It is the respon.s~ility of the recipient to assure itself that informat/on
contained herein is accurate and complete. Tine City and the RDA do not pro ride any assuranc*s
as to the accuracy of any information in this RFP.
Any reliance on these contents, or on any commun/cations with City and RD,4. officiab, shall be
at the rccipient's own risk. Prospective bidders should rely exclusively on their own
investigations, interpretations and analyses in connection with tb/s matxer. The RFP is being
provided by the City and the RD& without any warranty or represen.uttion, express or implied,
as to its content, its accuracy or completeness. No warranty or representation is made by the
City, the RDA or its advisors that any proposal conforming with these requirements will be
selected [or consideration, negotiation or approval. Th. is RFP is made ~Bject to amendment,
correction of errorS or omissions and withdrawal without notice. Information is for omaidance only
and does not constitute all or any part of an offer or agreement-
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Thc City a~d the R. DA shall have no obli§adoa or liabilffy with rest:~ct to this R_Fp. the selection
and award process or whether any award will b¢ made. Any recipient of this RFp who responds
hereto fully acknowledges MI the provisions of this disclosure and disclaimer, is totally r¢lyin§
on said disclosure and disclaLmer, and agree ro be bound by the terms hereof. Any proposal
submitmd to the P_DA pursuant to th. is RFP is submitted at the sore risk and responsibility of the
party submkting such proposal.
Th/s RFP does not comtitut¢ an offer, acceptance or agreement. The City and the RDA and the
recipient will be bound ordy as, ii' and when definitive ageements are approved by the ChaLrman
and Members of the RDA md/or the Mayor and City Comrrfission and executed, and then ordy
pursuant to the terms of ~c definitive agreements executed among the parties. A response to tiffs
RFP, or all responses, may be accepted or rejected by the City and the RDA for any reason, or
for ao reason, without arxy resuluant liability to the City or the RDA.
The City and the RDA are governed by Florida's Goverrument-in-the-Su.nshine Law, a. nd laws
pertaining to public records, and all proposals and supporting data shall be subject to disclosure
a~ required by such taws. All proposals shall be subrrfitted in sealed bid foun anti shall remain
confidential to the extent I'~rmitted by Florida Statutes, until the date and time selected for
opeuing the re.tpoases. After that time, all information received by the City and the RDA shall
become public record.
Notwithstanding the foregoing or anything contained in the RFP, the applicant agrees that tn the
event of a final unappealable judgment by a cour~ of competent jurisdiction wh/ch imposes any
liability arising out of tiffs RFP or any response thereto or any action or inaction by the City and
the RDA with respect thereto, the lhbility of the City and the RDA combined shall be limited
to $25,000.00 as agreed upon and liquidated damages. The previoUS sentence, however, sh,}l not
be construed to circumYent any of the other provisions of this disclosure a~2d dLscl~imer which
impose no liability ou the City or the RDA.
In the event of ~ny coafli~ between this disclosure 8nd disclaimer and the balm of the
the pmwision$ of el:ds disclo~re and disclaimer shaJl always govern. :
TI~c RFP and any disp'a~ arising from thc RFP or any bid submitted i2 r~s-ponse thereto shall bc
governed by and cor~aued in accordance with the laws of thc State of Florida, without reference
to principles of conflicts of law.
ACCEPTED:
[NA.M:E AND TITLE]
[ORG~I~TIO~
['PROI:'OSER'8 iNAIVI~)