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Opposition to the Byron Carlyle Deal v.2 R7 AR7-A Opposition to the Byron Carlyle Deal 1 ●Galbut and Menin have a track record of being sued by condominium owners ○Menin and Galbut - Sued by condominium owners - Shelborne South Beach ○Companies tied to Russell Galbut - Sued by condominium owners - Mondrian South Beach ○Jared Galbut, Menin Hospitality - Sued by condominium owners - Bentley Condominium Association ●Serious Issues with City of Miami Beach Commission and Administration ○Complete Failure to Address Byron Carlyle during G.O. Bond Planning Process, Conflicts of Interest ○Demolition by Neglect Claim ○Unjust Enrichment For Developers / Denial of Property Taxes to City, County, and School System ●Matis Cohen - potential issues with City of Miami Beach campaign finance laws ○SalsaFest Election Finance Issue ○Abraham Galbut Election Finance Issue Table of Contents 2 Menin Hospitality and KGTC propose to take the Byron Carlyle and surrounding lots from the City to develop a condominium. In return, the developers would provide a cultural facility in the form of a condominium that would be deeded to the City. They would also build workforce housing on top of the cultural facility condominium. The profits from the workforce housing would not be shared at all with the City that provides the land. The developers would not pay for city, county, and school taxes on the land value. Overview - Proposed Condominium Deal Structure 3 Developers sued by condominium owners - Bentley Condominium Association - 6/29/2020 29 page complaint (185 pages with exhibits) filed against Menin Hospitality, Jared Galbut, and Keith Menin on 6/29/2020 Sharon and Manning - Larry has this complete complaint downloaded as a PDF. Should we upload to Google Drive and create a link to share? PDF is 100 MB 4 Companies tied to Russell Galbut - Sued by condominium owners - Mondrian South Beach https://therealdeal.com/miami/2020/09/08/mondrian-south- beach-unit-owners-sue-condo-association-and-companies- tied-to-russell-galbut-alleging-securities-fraud/ Fifty-one condominium owners are seeking $30,600,000 in damages in this lawsuit. Why would the City of Miami Beach want to have a condominium in a building owned and managed by these people? 5 Menin and Galbut - Sued by condominium owners - Shelborne South Beach “Things began going awry in 2010, a year after management of the Shelborne was handed over to Menin Hotels, a company controlled by Galbut and his cousin, Keith Menin, the lawsuit states. From 2006 through the beginning of 2015, Menin also served on the condo association board. The lawsuit alleges Menin and the board voted in favor of a $15 million renovation in 2011 to redo the Shelborne’s common areas, from the hotel hallways to the lobby to the pool deck without obtaining approval from at least 75 percent of the unit owners as required by state law. Yet the non-Galbut owners still got a bill for the $15 million through a series of special assessments between 2011 and 2012.” https://www.floridabulldog.org/2016/08/owners-at-south-be achs-shelborne-fight-30-million-assessments-foreclosure/ 6 Complete Failure by Mayor and City Employees to Address Byron Carlyle during G.O. Bond Planning Process $439,000,000 borrowed… And not a single penny was dedicated to renovating the Byron Carlyle cultural facility. Why? Could there be a conflict of interest? 7 Conflict of Interest between the G.O. Bond Committee and developer KGTC, LLC https://www.gombinfo.com/committee-members/ http://search.sunbiz.org/Inquiry/CorporationSearch/GetDoc ument?aggregateId=flal-l15000097892-599c8cf9-33a6-40e 0-92a9-bf0adff40b80&transactionId=l15000097892-5f2076 ca-72da-456b-acdb-3ca49f452dc0&formatType=PDF “Founded in 2003 by brother-sister team Daniel and Laura Veitia, Urban Resource is a rapidly growing Real Estate and Property Management company located in North Beach, the northern neighborhood of Miami Beach.” https://www.urbanresource.com/o ur-team-page 8 The Veitia siblings manage properties for Matis Cohen throughout North Beach. 9 City of Miami Beach - Demolition by Neglect Claim The City purchased the Byron Carlyle in 2001 for $1.7 million. From the date of purchase, the City of Miami Beach was responsible for the repair and maintenance of the property. This Commission has taken bold action to protect North Beach properties, such as the Deauville Hotel, from demolition by neglect. Why should the City be exempted from its own laws? Why should the City give away land to a developer because it failed to maintain its own property?https://www.remiamibeach.com/north-beach/byro n-carlyle-theater-s-horror-show/ 10 Unjust Enrichment For Developers / Denial of Property Taxes to City, County, and School System Over the 99 year lease term, the City, County and School System would be deprived of much needed tax revenue by this poorly structured deal! From October 14, 2020 Commission Meeting 11 Tax Data - a property valued at $6.3M should pay $121,965 in taxes; $44,912 of which go to the school board 12 Tax Data - Assuming an annual 5% increase in property taxes, the table below shows how much in taxes Menin Hospitality and KGTG will be saving per year in 10 years, and in 99 years, at the expense of the community and the public schools Year Total Taxes School Taxes 2020 $121,965 $44,912 2021 $128,063 $47,158 2022 $134,466 $49,515 2023 $141,190 $51,991 2024 $148,249 $54,591 2025 $155,662 $57,320 2026 $163,445 $60,186 2027 $171,617 $63,196 2028 $180,198 $66,355 2029 $189,208 $69,673 2030 $198,668 $73,157 <== Year 10 2118 $14,547,438 $5,356,902 <== Year 99 13 Miami Beach Campaign Finance Ordinance 14 https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIISTCO_DIV 5CAFIRE_S2-487PRCACOVE Matis Cohen - SalsaFest Election Finance Issue Matis Cohen’s Kahunah Properties paid to support a campaign event for Commissioner Ricky Arriola during the 2019 election. CMB Campaign Finance law: “Candidates for… Commissioner… may not directly or indirectly… accept… any campaign contribution from a vendor, real estate developer, and/or their lobbyists.” https://kahunahproperties.com/about Matis Cohen was on the list of Prohibited Donors published by the City of Miami Beach in 2019. 15 Matis Cohen - Abraham Galbut Election Finance Issue https://www.miamibeachfl.gov/wp-content/uploads/2019/02 /City-of-Miami-Beach-Campaign-Finance-Laws.pdf http://ethics.miamidade.gov/library/clos ed%20investigations/2019/pi-19-45-co mmissioner-steven-meiner.pdf 16 New Info - Abraham Galbut is involved with KGTC, LLC http://search.sunbiz.org/Inquiry/CorporationSearch/GetDoc ument?aggregateId=flal-l15000097892-599c8cf9-33a6-40e 0-92a9-bf0adff40b80&transactionId=l15000097892-5f2076 ca-72da-456b-acdb-3ca49f452dc0&formatType=PDF 17 New Info - KGTC, LLC was formed by Russell Galbut Formed in 2015 http://search.sunbiz.org/Inquiry/CorporationSearch/Convert TiffToPDF?storagePath=COR%5C2015%5C0608%5C906 31439.tif&documentNumber=L15000097892 Renamed in 2016 http://search.sunbiz.org/Inquiry/CorporationSearch/Convert TiffToPDF?storagePath=COR%5C2016%5C0119%5C808 71870.Tif&documentNumber=L15000097892 18 Additional Donation from Abraham Galbut in 2017 http://docmgmt.miamibeachfl.gov/WebLink/DocView.aspx?i d=156740&searchid=b824735c-3ebf-48c5-8979-af60e0d66 42f&dbid=0&repo=CityClerk 19 Matis Cohen and Abraham Galbut own property near the Byron Carlyle. 20 KG 72ND LLC - Matis Cohen and Abraham Galbut 21 Matis Cohen Ownership Entities 22 ●Did they review each lawsuit with the Mayor and Commissioners before proposing this Byron Carlyle condominium deal? ●Did they research conflicts between Laura Veitia (on the Mayor’s GO Bond Committee) and Daniel Veitia (paid for managing Matis Cohen’s properties?) ●Did they research potential election campaign finance issues related to Matis Cohen and Abraham Galbut? How did we even get to this point? Did Eric Carpenter, Assistant City Manager, tell the Commission about these things or not? Did the Commission ignore the information because of direct or indirect compensation by the Galbut family? Did Eric Carpenter receive direct or indirect compensation to avoid seeking better deals from other developers? Are Jimmy Morales and Raul Aguila responsible for this? Why didn’t we spend time on a plan to renovate and re-purpose the Byron Carlyle, instead of this terrible condominium deal from Galbut and Cohen? Who is responsible at the City of Miami Beach for the due diligence on this proposed deal? 23