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1675-6 Royal Palm Groove PRT THE MIAMI HERALD Copyright (c) 2004, The Miami Herald DATE: Thursday, December 2, 2004 EDITION: Final SECTION: Business PAGE: 1C LENGTH: 88 lines ILLUSTRATION: color photo: R. Donahue Peebles (a) ; photo: Royal Palm Crowne Plaza Hotel (a) SOURCE/CREDIT LINE: BY DOUGLAS HANKS III, dhanks@herald.com CALMLY WAITING TO SEAL THE DEAL - R. DONAHUE PEEBLES MAY HAVE SECURED A RECORD PRICE FOR HIS ROYAL PALM HOTEL, BUT HE HAS YET TO CLOSE THE SALE As he tries to complete a record $128 million sale for his Royal Palm Crowne Plaza Resort, R. Donahue Peebles is fending off legal assaults that could jeopardize his hold on the property, according to court filings and government documents. Peebles has signed an agreement to sell the 417-room South Beach hotel for a price that he says can make most of his legal woes go away. But for now, Peebles faces a default notice by the holder of the hotel's $54 million mortgage and also is fighting the collection of a $17 million judgment from the contractor that built the oceanfront hotel. Meanwhile the $128 million sale to the Chicago-based Falor Co. hinges on Peebles winning permission from Miami Beach to convert 160 rooms into condo-hotel units. Resolving that issue will have leaders grappling with concerns that the resort city's prized hotels are being sold off to investors room by room. "There's a need for the city to see what it can to do avoid the hotel stock from basically evaporating from the city, " said City Commissioner Richard Steinberg. In all, selling the Beach's fourth-largest hotel will require Peebles to assemble a jigsaw of legal, political and financial pieces - an appropriate end-game for a venture beset by controversy and conflict for the past 11 years. In 1993 Miami Beach invited African-American developers to build a resort on city-owned oceanfront. The city also invested $10 million in the project. The goal was to create a large hotel to attract conventions, and end a tourism boycott organized by black leaders over simmering racial controversies. But construction delays plagued the project, and the hotel opened four months after the Sept. 11 terrorist attacks sent the Beach's tourism industry into a tailspin. Those problems helped set in motion a series of disputes among Peebles and his contractor, lender and the city itself - disputes that are still in play as Peebles tries to sell the hotel. In May, Clark Construction, the Royal Palm contractor, won a $12 million judgement against the hotel over problems with the development effort, a verdict that has now grown to nearly $17 million with legal fees and interest. Peebles and his lawyers did not respond to requests for comments Wednesday. But his lawyers have asked a federal judge to block collection of the judgement, warning that otherwise —over 100 employees and thousands of guests would be dramatically and adversely affected. " Clark could try and force a sale of the hotel to collect its judgment, though the Royal Palm could block that by posting a $17 million bond while it appeals the ruling. Peebles lawyers have asked a judge to waive the bond requirement too, saying the market value of the hotel exceeds the hotel's $54 million mortgage lir_ by "over $28 million. " This week, Peebles told The Herald he is prepared to refinance the hotel for more than $100 million if the Falor sale doesn't go through as planned. He would probably need that cash to retire his increasingly contentious fights with his lender and contractor. Peebles was furious when Union Planters Bank sold the hotel's $54 million mortgage last month to a group that included a New York hotelier on record as expressing the want to foreclose on the Royal Palm. That process appears to have begun. A lawyer for the hotelier and its New York bank notified Miami Beach on Nov. 16 that it had issued a default notice to the Royal Palm, an initial step required in a foreclosure action. Peebles has said the hotel is current on its payments. Chairman David Falor said Wednesday his deal is contingent on the condo-conversion deal Peebles is negotiating with the city. City commissioners approved the agreement last year in exchange for Peebles waiving his right to sue Miami Beach over structural problems on the city-owned hotel site. In recent weeks, city leaders have expressed growing concern about the public dollars spent building convention-friendly hotels. The 790-room Loews Miami Beach, another subsidized project, is moving to buy out the city and faces no restrictions on converting to hotel-condominium units. Steinberg, the city commissioner, said he feels the city is obligated to proceed with the conversion deal. But City Manager Jorge Gonzalez raised the possibility of retracting the deal when news of the potential sale became public earlier this week. On Monday, Peebles offered no hint he was worried. "I'm confident the city will live up to its agreement that we spent the year negotiating, " he said. CAPTION: MARSHA HALPER/HERALD FILE FOR SALE: The Royal Palm Crowne Plaza Hotel in South Beach may go for a record $128 million. JARED LAZARUS/HERALD FILE LOBBYING: R. Donahue Peebles waits in the lobby of the Royal Crowne Plaza Hotel. He recently secured a record price for the resort, but legal hurdles are making the deal a very slow process as lenders, banks and the city are concerned with the deal's outcome. 2 of 8, 4 Terms mh AFRICAN AMERICAN HOTEL PROJECT SNAGGED BY STRUCTURAL PROBLEMS 11/13/1998 THE MIAMI HERALD Copyright (c) 1998, The Miami Herald DATE: Friday, November 13, 1998 EDITION: Final SECTION: Business PAGE: 1C LENGTH: 58 lines SOURCE/CREDIT LINE: BARBARA De LOLLIS Herald Business Writer AFRICAN AMERICAN HOTEL PROJECT SNAGGED BY STRUCTURAL PROBLEMS Developer R. Donahue Peebles has hit a snag in building his $64 million Royal Palm Crowne Plaza, Miami Beach's first major African American-owned hotel. Peebles' engineers declared the Royal Palm Hotel, one of two Art Deco hotels being incorporated into Peebles' Royal Crowne Plaza, to be structurally unfit. The city condemned the building three weeks ago, Peebles said. Next week, Peebles Atlantic Development will ask the city for permission to demolish the hotel, at 15th Street and Collins Avenue, and build a replica in its place. Restoration, he said, is not a safe option. "It would be major public safety hazard, and no amount of money can make it stand, " Peebles said Thursday. Riva, Klein & Timmons, structural engineers on the project, found the structural concrete and reinforcement steel inside the Royal Palm deteriorated "beyond use. " A special meeting of the Miami Beach Historic Preservation Board is scheduled for Monday, but regardless of how the advisory board votes, the City Commission will make the final decision. Commissioners are scheduled to consider the matter Wednesday. "From the public's perspective, it's fortunate that we caught it now, " Peebles said. Two weeks ago, Peebles gave six members of the Miami Design Preservation League a tour of the building. The members saw the hotel's deterioration, but during an emergency meeting this week, they voted to protest its demolition, said Michael Kinerk, the league's chairman. "We think any building can be saved if enough time and money is spent, " Kinerk said. "We also don't understand why the condition of this building was not discovered one or two years ago. " Peebles said the city did not allow him to inspect the building until after he signed an agreement to take over the project. Anticipating suspicion, Peebles said that if he had wanted to demolish the Royal Palm, he would have suggested it long ago, before designing a new hotel that straddles two existing hotels, with two elevator corridors. "If I was making this argument two years ago, I could have capitalized on economic savings that could come from it, " he said. "Now we're delayed by about three months. It's going to increase costs significantly, so what we're trying to mitigate the problem as best we can. " After the building was condemned and certified in danger of immediate collapse, Peebles said, he could have asked the city to approve demolition without public comment, but didn't. "We wanted to go through the process so we could have public comment, " Peebles said. "It would have given the misperception that we were trying to do something in bad faith. I wanted to act in good faith. " If Peebles loses, he'll be required to restore the hotel, something he said would add "significant" costs to the project. But, citing an engineering test, Peebles says the building cannot be saved. "The building has to go down, " he said. "There's just no alternative. " Kinerk said the preservation league is investigating other Miami Beach structures built by the Sayle construction company, which built the Royal Palm in 1939, to see how they have held up. TAG: 9811140488 3 of 8, 17 Terms 4- Exit :4