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1621-5 Royale Group •It was the closing of another chapter in a saga that has become one of the most controversial on the resurging South Beach historic district. The area has been targeted for a combination of urban renewal and historic preservation. But preservationists have long derided Royale for allegedly allowing the hotels to deteriorate, and were outraged when Royale tore down the Senator. For N.W. Residential Mortgage, the name under which FCA Mortgage operates, the dealings with Pelullo and Royale were long and contentious. Their efforts to foreclose were stymied by Royale's Chapter 11 bankruptcy filing. In October, U.S. District Judge Sidney Weaver threw out the case after Royale missed a third deadline for posting $1.1 million to demonstrate it had the wherewithal to reorganize. It appears N.W. Residential has lost dearly on the deal. Its $9.95 million bid on Monday gave it title to the properties, but the company's mortgage is roughly four times that amount -- suggesting a startling drop in value in the properties. TAG: 9003170505 21 of 283, 6 Terms mh ROYALE DEALT 10/06/1990 THE MIAMI HERALD Copyright (c) 1990, The Miami Herald DATE: Saturday, October 6, 1990 EDITION: FINAL SECTION: BUSINESS PAGE: 1C LENGTH: 81 lines ILLUSTRATION: photo: The CARLYLE HOTEL SOURCE/CREDIT LINE: MICHAEL HUBER Herald Business Writer ROYALE DEALT A BLOW ON DECO HOTELS The Royale Group vows to hang on to its South Beach hotels despite the dismissal this week of the bankruptcy cases that have been shielding the Art Deco landmarks from foreclosure. "It's not over till it's over, " Royale Group Chairman Leonard A. Pelullo said Friday • U.S. Bankruptcy Judge Sidney Weaver on Wednesday dismissed the Chapter 11 cases that had prevented Royale's lenders from fo rbcing the hotels to auction. Weaver acted after Royale missed three deadlines for depositing $1.1 million with the court to show that the company had the wherewithal to successfully reorganize. Attorneys for Royale's primary lender, FCA Mortgage Corp. , claimed Weaver's decision as a victory Friday. "We now will ask the special master to schedule the foreclosure auction, probably for November," said Jim Silver, bankruptcy partner at the Miami law firm Valdes-Fauli, Cobb, Petrey & Bischoff. "FCA definitely will be at the auction to protect its interests." Royale, too, could bid for the properties. It also could go back to Weaver with the $1.1 million and ask for a rehearing. It already has an appeal pending from an earlier ruling in one of the cases. "Every time you think they're down for the third time, they float back up to the surface," said Jose Fernandez, whose Jose Fernandez Investments Inc. specializes in South Beach hotel deals. Royale's attorneys repeatedly have succeeded at forestalling foreclosure " F---- !__, . sales of the hotels. The latest 11th-hour rescue came in February, when Royale huddled the hotel subsidiaries under the protective cloak of the bankruptcy court three days before a scheduled foreclosure auction. The parent company had entered Chapter 11 in 1989. South Beach preservationists were rejoicing Friday at the prospect that oyale would lose the hotels. "We are delighted that after so many years some of the key Deco properties on Ocean Drive are finally to be released from Royale's control," said Richard Hoberman, chairman of the Miami Design Preservation League. "All the properties, taken as a whole, could be a self-contained Deco village under the proper management." Preservationists are eager to be rid of Royale, which they say has allowed the hotels to deteriorate. Royale first alienated the preservationists in 1988, when it bulldozed the Senator Hotel to make way for a parking lot. The Royale properties financed by FCA include five Ocean Drive hotels: the Cardozo, Carlyle, Cavalier, Leslie and Victor. The other piece of the package is a plot at the northeast corner of Collins Avenue and 12th Street. That tract includes two boarded-up apartment buildings and the parking lot that was the Senator site. Weaver's decision also affects Royale's two other South Beach properties, the Tides and the Oceanfront, whose mortgages are held by their previous owners. Starting in 1983, Royale Group borrowed $28.3 million to buy and renovate i the hotels. With accumulated interest, the debt now totals $38 million. The lender, FCA Mortgage Corp. , now does business as N.W. Residential Management Corp. FCA was a subsidiary of a California thrift that federal regulators seized in 1988. Royale attorneys have said the hotels are worth as little as $7 million. Brokers value the properties at $10 million to $18 million. In either case, FCA is likely to lose big, said South Beach broker Fernandez. "Are they going to foreclose? The question is whether the lender is ready to take a $20 million hit," Fernan said. In an interview this summer, Pelullo had said that he would be focusing his energies on reorganizing Roya saving the hotels. Pelullo said he had been distracted for more than a year by his defense of wire fraud and conspiracy charges. A fedetral jury in August acquitted Pelullo, who had been accused of using • part of a $1 million loan to pay a kickback to the president of an Ohio thrift. The loan was intended to help finance the .renovation of the South Beach hotels. Pelullo entered a new legal battle this week when he filed a libel suit against the New Jersey Commission of Investigation. A 1985 report by the commission, "Organized Crime in Boxing, " described Pelullo as a "key organized crime associate." Pelullo has repeatedly denied any links to the mob. TAG: 9003070140 26 of 283, 6 Terms mh ,DECO HOTELS NEAR FORECLOSURE 09/13/1989 THE MIAMI HERALD Copyright (c) 1989, The Miami Herald DATE: Wednesday, September 13, 1989 EDITION: FINAL SECTION: BUSINESS PAGE: 4B LENGTH: 45 lines ILLUSTRATION: photo: hotel Buildings on the auction block are (left i • to right) Leslie and Carlyle and Cardozoand Cavalier (ART DECO MIAMI BEACH) SOURCE/CREDIT LINE: CHRISTOPHER BOYD Herald Real Estate Writer DECO HOTELS NEAR FORECLOSURE A California lender this week plans to ask a judge to order a foreclosure auction of some of the best-known hotels in Miami Beach's Art Deco district. FCA Mortgage Corp. is asking U.S. District Court in Miami to order the auction of 10 hotels and apartment buildings controlled by the Royale Group. The hotels include the Art Deco hotels the Carlyle, Cardozo, Victor, Cavalier, Leslie, Tides and Molar. The other three properties are apartment buildings. • A federal judge ruled last week that the lender, a subsidiary of New West Federal Savings and Loan Association, could proceed with plans to foreclose on the hotels. A Royale- controlled trust owns the hotels, which are between Ocean Drive and Collins Avenue north of 10th Street. "We are submitting a proposed foreclosure judgment this week and we guess a foreclosure sale will be set for late October or early November, " said William Crenshaw, FCA's attorney. Royale's hotel subsidiaries borrowed $28.3 million to purchase and renovate the hotels in the early 1980s. Crenshaw said unpaid interest has increased the debt to $35 million. FCA first filed foreclosure proceedings against Royale in 1985. That led to an agreement that the hotels would be converted into a single resort complex. In May 1988, the lender reopened the case, claiming Royale failed to pay taxes and liens filed on the properties. Last month, Royale filed to reorganize under Chapter 11 of the U.S. Bankruptcy Code. Barry Richard, attorney for Royale, said he hasn't decided on a response to the court ruling, which essentially removes all obstacles to a foreclosure sale. Leonard Pelullo, Royale's president, was unavailable for comment Tuesday. Pelullo is facing personal legal problems. In June, federal prosecutors in Ohio indicted him on conspiracy and wire fraud charges for allegedly misappropriating funds from an Ohio savings and loan association. The charges claim that Pelullo used part of a $1 million loan as a kickback tq the S&L's president. The loan was made for renovation of the Miami • Beach hotels. TAG: 8903050252 39 of 283, 2 Terms mh ROYALE GROUP SAYS 01/10/1988 THE MIAMI HERALD Copyright (c) 1988, The Miami Herald DATE: Sunday, January 10, 1988 EDITION: FINAL SECTION: NEIGHBORS MB , PAGE: 7 LENGTH: 51 lines SOURCE/CREDIT LINE: STEPHEN SMITH Herald Staff Writer ROYALE GROUP SAYS IT'LL PAY TAX IT OWES, TELLS CITY TO BE PATIENT The Royale Group, an attorney for the hotel developer said, will make good on its hefty resort tax tab to Miami Beach. Probably later than sooner. "The city can lean on them and kill the goose that laid the golden egg, " said Dennis Richard, attorney for the various companies known collectively as Royale Group. "They have to pay sooner or later, there's no question about that. "But the city is tending to be realistic about it." Actually, the city is tending to become impatient about it. Royale, owner of seven South Beach hotels, owes more in back resort taxes than any other Beach business. It has passed on to the city just $5, 000 of the $33, 500 it collected in resort taxes during the first 11 months of 1987. City Manager Rob Parkins said he plans to meet this week with Royale executives. "Tt's not their money, " Parkins said. "It is a resort tax that belongs really to the citizens of Miami Beach. Our basic position right now is, there is $28,500-plus-plus that belongs to the citizens of Miami Beach, Metro-Dade County." Royale executives understand all of that, attorney Richard said. In Royale's first public statement about its tax tab, Richard said Royale ran into problems finishing the renovation of the Cardozo Hotel, which opened late last year. Give Royale time, Richard said. Be patient. Have faith. "Fortunately for the city and for the people who live in the city, these people are survivors, " Richard said. "The Art Deco Hotels group is doing its best toP et these hotels open and functioning so that enough of them are 9 generating enough income to take care of these things." "These things" being resort taxes and mortgages. Last week was a bad week for South Beach developers, with word of a triple whammy. A mortgage holder sued to foreclose on Royale for not making loan payments on the Tides Hotel. Richard said Royale might have been late with payments, but made the payments. A hotel owned by Tony Goldman was sold in a court-ordered auction. A partnership headed by Gerry Sanchez that owns Espanola Way buildings filed for protection from creditors in U.S. Bankruptcy Court. Nobody appears to be panicking. Royale's renovated hotels are open, serving food and drink. And plans go on to renovate the shuttered inns. The city, for its part, wants the tax money. Said Robert Nachlinger, city finance director: "I just wish they'd pay." TAG: 8801030343 Press [RETURN] to continue or type q to return to Menu: mh A LOT AT STAKE 12/06/1987 THE MIAMI HERALD Copyright (c) 1987, The Miami Herald DATE: Sunday, December 6, 1987 EDITION: FINAL SECTION: NEIGHBORS MB PAGE: 28 LENGTH: 52 lines SOURCE/CREDIT LINE: RICK HIRSCH Herald Staff Writer MEMO: OPINION A LOT AT STAKE AS THE TOURISTS START ARRIVING The tourists are coming, the tourists are coming. Is the Beaches area 0 ready? Let us pray. As the season dawns in Miami Beach, there is cause for optimism and concern -- and a lot at stake. Renovations continue in the Art Deco District, from hotels merely getting new paint to places undergoing complete make- overs. In the small Deco properties near the Miami Beach Convention Center and the Bass Museum, there is fresh paint, new furniture, new restaurants. In Middle Beach, a group of once majestic properties is getting major cash infusions, probably the most significant positive sign in the Beaches area. Even Sunny Isles, dormant in recent years, is enjoying rejuvenation. The Newport Hotel, once the pride of Motel Row, is being redone under the banner of Holiday Inn. Smaller hotels are renovating. To top it off, tourism experts are forecasting a bustling season. Ocean Drive developer Gerry Sanchez says with typical overstatement that he expects so much business he'll be throwing people out of rooms. The dark side? There is growing evidence that some Deco pioneers have spread themselves too thin. Complaints of bounced paychecks from employees of Royale Group properties are unsettling; the fact the Deco chain is $28,000 behind in city resort tax payments is more disturbing. A failure at the biggest network of restored rooms and restaurants won't play well to the loan committees reviewing other proposed Art Deco projects. There could be a slight silver lining: The Senator Hotel might survive for a good while after its city-imposed stay of execution expires in February. But the Senator would only gain company in the world of shuttered historic properties. Delays in the opening of Ocean Drive properties -- Tony Goldman's Park Central and Imperial and the restaurants and clubs planned within -- also test the nerves of Ocean Drive optimists. Goldman is wise not to open until he is ready, but opening dates that keep dropping back don't build community confidence. Forgetting all that, you have to wonder if the area, Ocean Drive in particular, is prepared to handle big crowds when they arrive in the next month. Sanchez is talking about major tour groups from Europe. If they get a major dose of sorry Ocean Drive service -- I think every permanent resident has experienced it even when establishments are empty -- will those groups ever come back? Cross .your fingers. Say a prayer. Smile at tourists -- and be patient in restaurants. TAG: 8704010651 120 of 283, 2 Terms mh LAWSUITS, FINANCIAL WOES PLAGUE ROYALE 10/06/1987 THE MIAMI HERALD Copyright (c) 1987, The Miami Herald DATE: Tuesday, October 6, 1987 EDITION: FINAL SECTION: BUSINESS PAGE: 5B LENGTH: 52 lines SOURCE/CREDIT LINE: GREGG FIELDS Herald Business Writer LAWSUITS, FINANCIAL WOES PLAGUE ROYALE Royale Group Ltd., one of the leading landlords in Miami Beach's Art Deco district, has lost $26.73 million in the last three years and its future is seriously jeopardized by its financial problems, according to a filing with the Securities and Exchange Commission. . In the filing, Royale also said it faces numerous lawsuits over its business dealings in Florida and elsewhere, the Internal Revenue Service is demanding hundreds of thousands of dollars in back taxes, and the company's net worth is now a negative $511,000. Company officials refused to comment. It wasn't clear from the report how Royale's problems might affect its efforts to revitalize numerous properties in the South Beach area. However, the company said litigation with a construction lender -- one of many lawsuits Royale faces -- "significantly delayed" its renovation schedule last year. Construction has since resumed. Serious questions remain about the company's future, according to Bergman and Kane, the company's outside auditors. Bergman and Kane became Royale's auditor after two other large firms -- Coopers & Lybrand and Touche Ross -- quit in disputes. • Royale's "ability to continue as a going concern is dependent on its ability to achieve profitable operations . . . and to obtain additional financing or refinancing for its future operating needs," Bergman and Kane says in the report. In addition, the ultimate liability of the mountain of litigation facing Royale "cannot be reasonably estimated, " the auditor's statement said. Royale has been heavily involved in South Beach real estate since .1983. That year, subsidiaries of the company purchased six hotels and an apartment building in the Art Deco district. The company's subsidiaries have purchased several properties since. Three of the company's hotels -- the Carlyle, the Leslie and the Cavalier -- are operating. The Cardozo is scheduled to reopen soon and the Victor is scheduled to open in 1988. Royale has said it wants to tear down the Senator hotel to increase area parking. Royale's isn't the only South Beach developer to face financial problems. South Pointe Towers, a luxury high-rise condominium being developed on the southern tip of Miami Beach, went into foreclosure earlier this year and was later rescued by a consortium of lenders. Stuart Rogel, economic and community development director for Miami Beach, said he believes the redevelopment efforts of South Beach will continue despite Royale's problems. "Development activity on South Point is gaining momentum, " he said. "When . one group has fallen by the wayside new people have come in to take their place." TAG: 8703160415 II 'a