Resolution 2025-33804 RESOLUTION NO. 2025-33804
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA APPROVING, FOLLOWING A
SECOND READING/PUBLIC HEARING, A DEVELOPMENT
AGREEMENT, AS AUTHORIZED UNDER SECTION 2.11.1 OF THE
MIAMI BEACH RESILIENCY CODE, AND SECTIONS 163.3220 —
163.3243, FLORIDA STATUTES, BETWEEN THE CITY OF MIAMI
BEACH (THE "CITY") AND TMG 67 COMMUNITIES, LLC AND
DEAUVILLE ASSOCIATES, LLC (COLLECTIVELY THE
"DEVELOPER"), WHICH DEVELOPMENT AGREEMENT DELINEATES
THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF THE
PROPERTY LOCATED AT 6701 COLLINS AVENUE (THE "DEAUVILLE
PROPERTY") AND 6625 INDIAN CREEK DRIVE (THE "GARAGE
PROPERTY") LOCATED IN MIAMI BEACH, FLORIDA, CONSISTING OF
(1) A MAXIMUM OF 140 HOTEL UNITS, (2) A MAXIMUM OF 200
RESIDENTIAL UNITS, (3) GROUND FLOOR RETAIL, (4) PUBLIC
PARKING, AND (5) ACCESSORY USES (THE "PROJECT"); AND
MEMORIALIZES CERTAIN ADDITIONAL PUBLIC BENEFIT
COMMITMENTS MADE BY THE DEVELOPER, AS WELL AS CERTAIN
REQUIREMENTS AND DEADLINES WITH RESPECT TO THE PUBLIC
BENEFITS; AND FURTHER AUTHORIZING THE CITY MANAGER TO
FINALIZE THE DEVELOPMENT AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND
RECORD THE DEVELOPMENT AGREEMENT.
WHEREAS, the City Commission recognizes the importance of the Deauville
Property, which is a uniquely large site warranting specialized development regulations,
to the City's heritage and culture, and particular importance to the North Beach
community, and seeks to revitalize the North Beach community by revitalizing the
Deauville Property with a partial reconstruction of the original Deauville Hotel and
securing capital improvements for the benefit of the North Beach community through a
development agreement; and
WHEREAS, TMG 67 Communities, LLC ("TMG") and Deauville Associates, LLC
("DALLC") (collectively the "Developer") hold fee simple title to the property located at
6701 Collins Avenue and identified by Miami-Dade County Folio No. 02-3211-007-0420
(a.k.a. the "Deauville Property"); and
WHEREAS, Deauville Associates, LLC holds fee simple title to the property
located at 6625 Indian Creek Drive and identified by Miami-Dade County Folio No. 02-
3211-007-1800 (a.k.a. the "Garage Property"); and
WHEREAS, the Developer has applied to amend the City's 2040 Comprehensive
Plan and Land Development Regulations to establish the North Beach Oceanfront
Overlay District (the "Overlay Ordinances"); and
WHEREAS, the Overlay Ordinances establish the parameters for development of
a partial reconstruction of the Deauville Hotel, including partial reconstruction of the
pedestal of the original Deauville Hotel, as well as development of contemporary buildings
within the Deauville Property; and
WHEREAS, the Overlay Ordinances provide for floor area and height bonuses if
the development meets certain benchmarks such as reductions in density, a cap on the
total number of hotel units, prohibition of the short term rental of residential units, and
construction and maintenance of publicly accessible beach access paths on the north
and south sides of the Hotel Property; and
WHEREAS, in addition to the public benefits required in order to obtain the floor
area and height bonuses pursuant to the Overlay Ordinances, the Developer has agreed
to enter into a development agreement pursuant to Chapter 163, Florida Statutes to
memorialize its commitment to partially reconstruct the Deauville Hotel, agree to
deadlines and milestones for the project, and provide additional public benefits intended
to revitalize the North Beach neighborhood (the "Development Agreement"); and
WHEREAS, the public benefits memorialized in the Development Agreement
include parking spaces within the Garage Property to the City for use as public parking,
contributions for the development of the proposed Byron Carlyle Art and Cultural Center,
funding for water quality improvements in the Park View Canal, funding for analysis and
repair of public infrastructure in North Beach, landscaping and beautification of public
areas in the vicinity of the project, public access to portions of the Deauville Property both
during the development approval process and following development of the project,
prohibiting use of the Deauville Property for gambling uses, and prohibiting development
of the Deauville Property under the Live Local Act; and
WHEREAS, on April 23, 2025, following a duly noticed public hearing, the City
Commission approved the Overlay Ordinances at First Reading; and
WHEREAS, on May 21, 2025, following a duly noticed public hearing, the City
Commission approved the Development Agreement at First Reading; and
WHEREAS, on June 25, 2025, following a duly noticed public hearing pursuant to
the Development Agreement Act set forth in Chapter 163, Florida Statutes, and Section
2.11.1 of the Resiliency Code, the Mayor and City Commission approved the
Development Agreement at Second Reading.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, following Second Reading/Public Hearing, a Development
2
Agreement as authorized under Section 2.11.1 of the Miami Beach Resiliency Code and
Sections 163.3220 — 163.3243, Florida Statutes, between the City and TMG 67
Communities, LLC and Deauville Associates, LLC (collectively the "Developer"), which
development agreement delineates the terms and conditions for the development of the
property located at 6701 Collins Avenue (the "Deauville Property") and 6625 Indian Creek
Drive (the "Garage Property") located in Miami Beach, Florida, consisting of: (1) a
maximum of 140 hotel units, (2) a maximum of 200 residential units, (3) ground floor retail,
(4) public parking, and (5) accessory uses (the "Project"), and memorializes certain
additional public benefit commitments made by the developer, as well as certain
requirements and deadlines with respect to the public benefits; and further authorize the
City Manager to finalize the Development Agreement, in a form acceptable to the City
Attorney, and further authorize the Mayor and City Clerk to execute and record the
Development Agreement.
PASSED and ADOPTED this -21 day of 714fZ , 2025.
ATTEST:
Steven Meiner, Mayor
JUL 0 2 2025
ranado, City Clerk
REGIS BARBOU �.
(Sponsored by Commissioner Tanya K. Bhatt) , '•,IWCORP GRATED;
�' APPROVED AS TO
,,,j 26, FORM &LANGUAGE
&FOR EXECUTION
col,es/74:74c-
City Attorney Date
1UK
3
Resolutions - R7 B
MAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: June 27, 2025 2:06 p.m. Second Reading Public Hearing
TITLE: NORTH BEACH OCEANSIDE DISTRICT - DEAUVILLE DEVELOPMENT
AGREEMENT
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA APPROVING, FOLLOWING A SECOND
READING/PUBLIC HEARING, A DEVELOPMENT AGREEMENT, AS
AUTHORIZED UNDER SECTION 2.11.1 OF THE MIAMI BEACH RESILIENCY
CODE, AND SECTIONS 163.3220 — 163.3243, FLORIDA STATUTES, BETWEEN
THE CITY OF MIAMI BEACH (THE "CITY")AND TMG 67 COMMUNITIES. LLC AND
DEAUVILLE ASSOCIATES, LLC (COLLECTIVELY THE "DEVELOPER"), WHICH
DEVELOPMENT AGREEMENT DELINEATES THE TERMS AND CONDITIONS
FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT 6701 COLLINS
AVENUE (THE "DEAUVILLE PROPERTY")AND 6625 INDIAN CREEK DRIVE (THE
"GARAGE PROPERTY") LOCATED IN MIAMI BEACH. FLORIDA, CONSISTING OF
(1) A MAXIMUM OF 140 HOTEL UNITS, (2) A MAXIMUM OF 200 RESIDENTIAL
UNITS, (3) GROUND FLOOR RETAIL, (4) PUBLIC PARKING, AND (5)
ACCESSORY USES (THE "PROJECT"): AND MEMORIALIZES CERTAIN
ADDITIONAL PUBLIC BENEFIT COMMITMENTS MADE BY THE DEVELOPER,AS
WELL AS CERTAIN REQUIREMENTS AND DEADLINES WITH RESPECT TO THE
PUBLIC BENEFITS; AND FURTHER AUTHORIZING THE CITY MANAGER TO
FINALIZE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AND RECORD THE DEVELOPMENT AGREEMENT.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) provide
direction on the remaining matters and adopt the resolution to approve the development
agreement.
BACKGROUND/HISTORY
Amendment Application
On August 6, 2024, TMG 67 Communities LLC applied to modify the Land Development
Regulations of the City Code (LDRs) and the 2040 Comprehensive Plan, with respect to the
property located at 6701 Collins Avenue. This is a private application filed pursuant to Sections
2.4.1 and 7.1.10 of the Resiliency Code and proposes to create the North Beach Oceanfront
Overlay within the City's Future Land Use Map, the text of the City's 2040 Comprehensive Plan,
and the City's Resiliency Code.
On February 4, 2025, the Planning Board held a public hearing and transmitted the proposed
amendments to the LDRs and the Comprehensive Plan to the City Commission with a favorable
recommendation (6-0). These proposed amendments were approved by the City Commission at
First Reading on March 19, 2025, and Second Reading /Adoption of these amendments was set
for April 23, 2025. Additionally, a separate, draft development agreement was referred to the
Planning Board by the City Commission for a recommendation. However, the referral of the
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development agreement was withdrawn from the Planning Board agenda, and First Reading of
the development agreement will now be considered as a companion item to the LDR and
Comprehensive Plan amendments.
Background
The Deauville name has a long history dating back to 1926. The original Deauville hotel at 6701
Collins Avenue was constructed in 1926, modified in the early 1930's, and totally demolished in
1956. The former Deauville hotel. which was demolished in 2022, was constructed in 1956 and
designed by noted Miami Beach architect Melvin Grossman, in the Post War Modern (MiMo)
style. The former hotel was also classified as a contributing building in the Miami Beach Historic
Properties Database and the site is located within the North Beach Resort Local Historic District.
One of the most noticeable features of the former building was its dramatic porte-cochere,
comprised of sweeping intersecting parabolic curves. created a defining entry point for this once
all-inclusive resort. Stepped horizontal planes rose from the street to the 2nd floor lobby entrance
along the building's facade, providing shelter and a clear pedestrian procession from Collins
Avenue. This lobby entrance was one of the three main differentiated architectural features of
the building.
The former 2-story structure on the south side of the property contained ground level retail spaces
with a two-story height ballroom space above, made legendary by the 1960s appearance of the
Beatles on the "Ed Sullivan Show". An elongated honeycomb pattern of ornamental hollow clay
blocks formed a distinctive screening mechanism for the ballroom facade on Collins Avenue. The
hotel portion of the former building rose 15 stories at the north end of the property and contained
continuous horizontal windows and projecting concrete eyebrows.
After a fire in the former Deauville's electrical room, the building was closed on July 25. 2017.
The city took extensive action to attempt to ensure that the former building was not demolished
by neglect through enforcement action by the Building department and by filing action in Circuit
Court to attempt to force the property owner to meet its obligations with respect to the 40-year
building re-certification process and pursuant to a 2018 Unsafe Structures Board Order, among
other relief intended to prevent the building's demolition by neglect. One of those obligations was
for the owner to provide a Structural Condition Assessment Report from a licensed engineer.
After years of enforcement action and litigation. the owner provided the required Structural
Condition Assessment Report. Unfortunately, that report (which the Building Official verified)
established that the building was unsafe and could not be saved due to structural defects in the
building. The building was demolished in November 2022.
ANALYSIS
Proposal Summary
The applicant is proposing to create a new overlay, entitled the North Beach Oceanfront Overlay
district, as well as amend the RM-3 development regulations specific to 6701 Collins Avenue, the
site of the former Deauville Hotel. Collectively, the proposed amendments to the LDRs and
Comprehensive Plan are for the construction of a new apartment hotel development. In addition
to the partial reconstruction of the former Deauville Hotel and the construction of two new
residential apartment towers, the following accessory uses and amenities are proposed:
• 7.300 square feet of retail;
• 34.000 square feet of food and beverage service;
• 24,000 square feet of ballroom/banquet space;
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• A 7,500 square foot spa,
• A 5,300 square foot gym: and
• 98 parking spaces.
The subject site is 166,500 square feet and the former Deauville Hotel previously contained 566
hotel rooms. The proposed LDR amendment would allow up to 416,250 square feet of bonus floor
area (2.5 bonus FAR). When combined with the current maximum allowable floor area of 499.500
square feet (3.0 FAR), up to 915,750 square feet of floor area would be permitted, which would
equate to an overall FAR of 5.5 for the property. The maximum zoned FAR for the property would
remain at 3.0.
Additionally, the applicant is proposing up to 100 feet of bonus building height, which will result in
the new residential towers constructed with a total height of 300 feet. The maximum zoned
building height for the property would remain at 200 feet.
The applicant is also proposing to modify the minimum setback requirements in a manner specific
to the property, as well as a reduction in the minimum off-street parking requirements, along with
the allowance for subterranean parking and mechanical parking without the review of the Planning
Board. Lastly, an exemption from the requirements of the long frontage standards is proposed.
Development Agreement Summary
On April 23, 2025. the City Commission reviewed and approved a draft development agreement
prepared by the applicant, in substantial form, which is proposed to be entered into by the City of
Miami Beach and the developer of the Deauville property (TMG 67 Communities LLC and
Deauville Associates LLC). As more specifically noted in this draft development agreement, the
developer agreed to comply with certain requirements as public benefits to the City. The following
is a general summary of these requirements as outlined to the City Commission on April 23, 2025:
1. The Project. The Developer must submit development applications for the proposed
redevelopment of the Deauville site in accordance with the following:
a. The Developer shall submit legally sufficient Project Zoning Applications to the City within
eighteen (18) months after the Effective Date and diligently pursue the approval of the
Project.
b. The Developer shall prepare and submit the building permit application for the Project
within eighteen (18) months after the later of the final non-appealable approval of a COA
for the Project by the City's HPB or the issuance of a conditional use permit for the Project
by the City's Planning Board.
c. The Developer shall complete and, if relevant, secure a temporary certificate of occupancy
for the following elements of the Project within five (5)years of the issuance of the building
permit:
t. A minimum 150,000 square foot mixed-use pedestal incorporating the partial
reconstruction of the former Deauville Hotel building pedestal.
!!. The two pedestrian pathways to the City's Beachwalk located at the north and south
sides of the Developer Property.
2. Use of Garage Property at 67t^ Street and Indian Creek Drive. The developer has agreed to
the following:
a. Within sixty (60) days of the Effective Date. the Developer shall engage a structural
engineer to evaluate the structural integrity of the Garage Property. The structural
engineer's report shall be provided to the City within ninety (90) days of the date the
engineer is engaged. The Developer shall apply for a conditional use approval for the
Garage Property within sixty (60) days of the Effective Date.
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b. If, within thirty (30)days of the City reviewing the engineer's report, no life-safety concerns
are raised, the Developer shall permit the City to utilize a minimum of one hundred and
fifty (150) parking spaces within the Garage Property for public parking, immediately upon
the conditional use approval being secured.
c. If life-safety concerns are raised in the engineer's report, the Developer shall be
responsible for diligently pursuing all necessary repairs to correct the life-safety issues.
which shall be completed within one hundred and eighty (180) days of the City reviewing
the engineer's report. Upon the completion of any necessary repairs, the Developer shall
permit the City to utilize the parking spaces immediately, upon the conditional use
approval being secured.
d. The City shall operate the temporary public parking use, including installing all necessary
equipment to serve the public parking spaces. managing methods of payment, sanitation,
refuse collection, security, and any other matter reasonably necessary for the day-to-day
operation of a parking garage.
e. The Developer shall, subject to the issuance of all necessary City approvals, incorporate
a Project sales center into the Garage Property.
f. The Developer shall be responsible for capital improvements to the Garage Property for
the first five (5) years and the City shall be responsible for standard maintenance. The
Developer shall be responsible for converting the parking spaces into commercial
condominium units. using a mechanism agreed to by the Developer and the City, and shall
deed the one hundred and fifty (150) parking spaces to the City within ninety (90) days of
the spaces being made available to the City pursuant to Section 5(b)(i). The City shall be
responsible for the relevant portion of assessments. operating expenses, maintenance
costs (excluding capital improvements for the first five (5) years). and utilities for the
garage as part of the condominium.
g. If access or utilization of any City-owned spaces will be impacted by the work on capital
improvements to the Garage Property, the Developer shall provide the City with temporary
spaces within the facility in a location acceptable to the City.
3. Seed Capital for Byron Carlyle Site Development. The Developer shall pay $7,500,000.00 to
the City for use in connection with the proposed redevelopment of the Byron Carlyle Site.
$1,000,000.00 of the payment shall be made within sixty (60) days of the effective date of the
development agreement and the remaining $6,500,000.00 shall be paid as follows:
(i) $2,500.000 shall be paid within sixty (60) days of the securing of a final non-appealable
approval of a Certificate of Appropriateness for the Project by the City's HPB: and
(ii) the remaining $4,000,000.00 shall be paid within sixty (60) days following the issuance of
a building permit for the Project, the City can access half of these funds earlier if necessary
for construction of the project.
The application of the Developer's contribution shall be at the City's discretion.
4. Biscayne Beach Elementary Infrastructure Improvements. Within thirty (30) days of the
effective date of the development agreement, the developer shall contribute$40,000.00 to the
city for improvements to the Biscayne Beach Elementary sanitary sewer infrastructure.
5. Funding for Infrastructure Analysis and Repairs. Within thirty (30) days securing a final non-
appealable approval of a Certificate of Appropriateness for the Project by the City's HPB, the
developer shall contribute $400,000 to the City for the purpose of funding an infrastructure
evaluation and analysis, and any repairs identified in the analysis. The application of the
Developer's contribution shall be at the City's discretion.
6. Resolution of Existing Fines. The developer shall pay $6,300,000.00 to the city to resolve
existing fines for code violations on the Deauville property and the Garage Property in
accordance with the terms of a settlement agreement dated May 15, 2025 between the City
and the Developer (and certain affiliates of the Developer).
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7. Development of Triangle Pocket Park. The Developer shall design and construct a pocket
park at the developer's sole cost and expense located within the Triangle Pocket Park Site at
the intersection of 67th Street, Indian Creek Drive, and Harding Avenue.
UPDATE
The subject aevelopment agreement was approved at First Reading on April 23, 2025 and is
tethered to separate, companion amendments to the LDRs and the Comprehensive Plan. On May
21, 2025, at the request of the applicant, the City Commission opened and continued all three of
these components to June 25, 2025, so that they can be considered for adoption together.
After the May 21, 2025 City Commission meeting, the applicant provided the attached, revised
version of the development agreement. The following is a general summary of the changes and
updates to the proposed development agreement:
1. Previously, the applicant requested a height bonus of 180 feet, which increased the maximum
building height from 200 feet to 380 feet. The requested height bonus has now been reduced
to 100 feet, which would increase the maximum building height from 200 feet to 300 feet.
2. The floor plates of the revised two (2) rather than three (3) towers are proposed to be
increased from 10,000 square feet per floor to 25,000 square feet per floor, to accommodate
the proposed reduction in building height and removal of the third tower.
3. To accommodate the lower building height, the applicant has proposed to modify the previous
requirement to substantially reconstruct the former Deauville by allowing for the
reinterpretation of the original tower portion of the hotel and redistribute the allowable FAR
within 2 new towers that have been relocated within the site.
4. The applicant has limited the overall density of the project not to exceed 200 residential units
and 140 hotel units.
5. A minimum of 90,000 - 125,000 square feet of hotel floor area will be provided (to be
confirmed).
6. A maximum of 625,000 - 660,000 square feet of residential tower floor area will be provided
(to be confirmed).
7. A no gambling provision for the subject site is included.
8. A guarantee that no future projects on the property will be developed pursuant to the Live
Local Act is included.
9. A portion of the property shall be developed as temporary public open space for use by the
general public during the period of time that the development project is seeking required
approvals, the dimensions of which will be dictated by the settlement agreement.
10. The Developer has agreed to design and construct a minimum 2,000 square foot exhibition
and meeting space to be used as the Center for Miami Modern Architecture and Resilience
at the Deauville Hotel within the mezzanine of the partially reconstructed pedestal, which will
be for use by non-profit organizations or educational institutions.
11. Specific areas of the property shall be deemed privately owned public open spaces ("POPS")
that are generally open to the public. The POPS shall include a widened sidewalk promenade
along portions of the Collins Avenue frontage of the property, a beach access path on the
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south side of the property, an elevated beach access path on the north side of the property,
and the lobby of the partially reconstructed Deauville Hotel.
Additionally, at the request of the City Commission, the attached economic analysis was prepared
by Miami Economic Associates (MEP,. regarding the value of the additional FAR and height
contemplated in the proposal. This analysis was conducted under the original proposed building
height of 380 feet. Although the applicant has indicated they do not agree with the findings in this
analysis, the Administration believes that the substance of the analysis should be considered by
the City Commission.
The Administration has reviewed the applicant's public benefits, as noted above. Additionally, the
reconstruction of the former Deauville, including the reinterpretation of the tower, are important
as the significant height and FAR bonuses proposed were conceived and predicated upon the
faithful recreation of an important architectural landmark in North Beach. As indicated by the
applicant, the development bonuses proposed are intended to offset the costs associated with
the reconstruction of the former Deauville hotel.
Finally, the applicant's proposal to modify the previously proposed reconstruction of the tower
portion of the former Deauville hotel must be looked at cautiously. In this regard, the applicant
has studied and agreed to tangible options to re-introduce the original tower portion of the former
Deauville hotel. However, should this proposal move forward, it will be incumbent upon the
applicant to faithfully re-interpret the exterior design, as well as the location, orientation and
footprint of the original Deauville hotel tower. To this end, the Historic Preservation Board will play
a critical role in ensuring a successful project from an architectural and appropriateness
standpoint
FISCAL IMPACT STATEMENT
No Fiscal Impact
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission provide direction on outstanding
matters and adopt the resolution to approve the development agreement.
Applicable Area
North Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
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Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481 t
includes a principal engaged in lobbying? Yes
If so, specify the name of lobbyist(s) and principal(s): Michael Larkin, ESQ - Bercow & Radell
Department
Planning
Sponsor(s)
City Manager
City Attorney
Co-sponsor(s)
Condensed Title
2:06 p.m. 2''1 Rdg, North Beach Oceanside District - Deauville Development Agreement. PL
Previous Action (For City Clerk Use Only)
Continued from 6/25/2025 - R7 C
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6/17/25 Version
Prepared by and Return to:
Bercow Radell Fernandez Larkin &Tapanes
Attn: Michael Larkin
200 South Biscayne Boulevard, Suite 300
Miami, Florida 33131
(Space Reserved for Clerk)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement'') is made and entered into by
and among the CITY OF MIAMI BEACH, a Florida municipal corporation (the "City"), and
jointly and severally, TMG 67 COMMUNITIES LLC, a Delaware limited liability company,
DEAUVILLE ASSOCIATES LLC, a Florida limited liability company, (collectively, the
"Developer").
Introduction
A. The property that is the subject of this Agreement lies in Miami Beach,
Miami-Dade County, Florida. This Agreement, among other things, is intended to and
shall constitute a development agreement between the parties pursuant to Sections
163.3220-163.3243, Florida Statutes, the "Florida Local Government Development
Agreement Act (the `Act") and Chapter 2, Article XI of the City's Land Development
Regulations (the "Resiliency Code").
B. The City is a Florida municipal corporation with powers and authority
conferred under the Florida Constitution, the Municipal Home Rule Powers Act, Florida
Statutes, the Miami Beach City Charter and the Miami Beach City Code of Ordinances.
The City has all governmental, corporate and proprietary powers to enable it to conduct
municipal government, perform municipal and governmental functions, and render
municipal services, including the authority to adopt, implement and enforce (together
with any other required governmental approvals) comprehensive plans, zoning
ordinances, redevelopment plans, and other police power and legislative measures
necessary to assure the health, safety and general welfare of the City and its inhabitants.
C. The Developer owns the property located at the 6701 Collins Avenue, Miami
Beach, Florida, more specifically described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Developer Property").
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GLG 4911-2410-5010 v6
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6/17/25 Version
D. The Developer Property was previously developed kith a contributing
historic building known as the Deauville Hotel. The previously existing Deauville Hotel was
constructed in 1956 and designed by noted Miami Beach architect Melvin Grossman, in
the Post War Modern (MiMo) style, was classified as contributing in the Miami Beach
Historic Properties Database and was located within the North Beach Resort Local Historic
District.
E. The Deauville Hotel was an outstanding example of the Post War Modern
style and was featured in the 1958-1959 issue of Florida Architecture. One of the most
noticeable features of the building was its dramatic porte-cochere, comprised of
sweeping intersecting parabolic curves, which created a defining entry point for this once
all-inclusive resort. Stepped horizontal planes rose from the street to the second floor
lobby entrance along the building's façade, providing shelter and a clear pedestrian
procession from Collins Avenue. This lobby entrance was one of the three main
differentiated architectural features of the building.Overtime, the Deauville Hotel became
a landmark for more than just its architecture; it was also the site of the Beatles' second
performance in the United States for the Ed Sullivan Show on February 16, 1964. There
were many other notable entertainers of the 1950s and 1960s that performed at the hotel,
including but not limited to Frank Sinatra, Sammy Davis Jr., Dean Martin, Tony Bennett,
Bing Crosby, and Judy Garland.
F. The Deauville Hotel was highlighted in the North Beach Master Plan, dated
October 19, 2016, as one of the most notable hotels in the North Beach Resort District.
The City's historic preservation ordinance prioritizes the protection and revitalization of
sites and districts within the City having special historic, architectural, and archaeological
value to the public. This includes the "protection of such historic sites and districts to
combat urban blight, promote tourism, foster civic pride, and maintain physical evidence
of the City's heritage"; the "encouragement and promotion of restoration, preservation,
rehabilitation and reuse of historic sites and districts by providing technical assistance,
investment incentives, and facilitating the development review process"; and the
"promotion of excellence in urban design by assuring the compatibility of restored,
rehabilitated or replaced structures within designated historic districts." See Section 2.13.1
of the Resiliency Code.
G. Deauville Associates, LLC also owns the property more specifically described
in Exhibit "B" attached hereto and incorporated herein by this reference (the "Garage
Property"), which is currently improved with a parking garage historically used in
connection with the operation of the Deauville Hotel.
2
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6/17/25 Version
H. The Developer applied to amend the City's 2040 Comprehensive Plan and
Resiliency Code to establish the "North Beach Oceanfront Overlay" through Planning
Board File Nos. PB24-0708 and PB24-0693 and the City has approved the amendments
through Ordinance Nos.
The Developer seeks to redevelop the Developer Property with a partial
reconstruction of the former Deauville Hotel with a contemporary rooftop addition above
portions of the reconstructed pedestal containing long term residential units, as reflected
in the detailed matrix of floor areas, including residential tower floor plates attached as
Exhibit "C" attached hereto and incorporated herein by this reference (the "Project").
). The Developer intends to provide certain public benefits for the North
Beach area of the City ("North Beach"), including: (1) partial reconstruction of the former
Deauville Hotel building including the pedestal and a reinterpretation of the original hotel
tower within a certain timeframe; (2) construction and perpetual access to pathways
connecting Collins Avenue to the beach walk; (3) leasing, conveying or granting
easements over certain areas within the Garage Property to the City for public parking
and public purposes; (4) providing funding for certain costs associated with planning
future improvements to the Byron Carlyle Theater site located at 500 71 Street (the "Byron
Carlyle Site"); (5) development of a pocket park; and (6) funding of infrastructure
improvements in North Beach (the "Public Benefits").
K. Having fully considered this Agreement at two (2) duly noticed public
hearings in compliance with Section 163.3225 of the Act; and, having determined that the
Project and this Agreement are in compliance with the City's Comprehensive Plan and
Land Development Regulations (as may be amended by the Comprehensive Plan
Amendments and the Land Development Regulations Amendments (as more specifically
defined below)) as of the Effective Date; and, having further determined that it is in the
City's best interest to address the issues covered by this Agreement in a comprehensive
manner; the City has agreed to enter into this Agreement with the Developer.
L. The City has determined that the Project and the Public Benefits will benefit
the City and the public, through without limitation, the partial reconstruction of the
Deauville Hotel , increased beach accessibility, improvements to the availability of parking
and infrastructure improvements in North Beach, and the facilitation of development of
an Art and Culture Center at the Byron Carlyle Site.
M. All capitalized terms used in this Introduction are defined in Paragraph 3 of
or elsewhere in this Agreement.
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NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Recitations/Authority. The foregoing recitations are true and correct and are
incorporated herein by this reference. This Agreement is entered into pursuant
to the authority and procedures provided by the Act and Chapter 2, Article XI,
of the Resiliency Code.
2. Definitions. All capitalized terms used in this Agreement shall have the
definitions set forth in this Paragraph 3 unless such terms are defined elsewhere
in the body of this Agreement.
a) "Act" is defined in the recitals.
b) "Accessory Uses" shall mean uses customarily associated with hotels
and multifamily residential uses, which are open to hotel guests,
residents of the multi-family residential units and their guests, and/or
the general public.
c) "Building Permit" shall mean any permit issued by the City of Miami
Beach Building Department or Building Official, including any
foundation, building or phased permits.
d) "Business Day" shall mean any day other than a Saturday, Sunday, any
federal or state holiday and the following Jewish holidays: Passover
(the first two(2)days and last two (2)days only), Shavuot (two (2)days),
Rosh Hashanah (two (2) days), Yom Kippur (one (1) day), and Sukkot
(the first two (2) days and last two (2) days only). If any period expires
on a day which is not a Business Day or any event or condition is
required by the terms of this Agreement to occur or be fulfilled on a
day which is not a Business Day, such period shall expire or such event
or condition shall occur or be fulfilled, as the case may be, on the next
succeeding Business Day.
e) "Byron Carlyle Site" shall mean the property located at 500 71 Street
and adjacent City-owned surface parking lot.
f) "City" shall mean the City of Miami Beach, a Florida municipal
corporation, having its principal offices at 1700 Convention Center
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!rive, Miami Beach, Florida 33139. In the event the City exercises its
regulatory authority as a governmental body, the exercise of such
regulatory authority and the enforcement of any laws, rules,
regulations, ordinances, and plans (including through the exercise of
the City's building, fire, code enforcement, police department or
otherwise) shall be deemed to have occurred pursuant to the City's
regulatory authority as a governmental body and shall not be
attributable in any manner to the City as a party to this Agreement or
in any way deemed in conflict with, or a default under, the City's
obligations hereunder.
g) "Comprehensive Plan" shall mean the comprehensive plan which the
City has adopted and implemented for the redevelopment and
continuing development of the City pursuant to Chapter 163 Part II, of
the Florida Statutes.
h) "Comprehensive Plan Amendments" shall mean any amendments to
the Comprehensive Plan to, among other things: (a) amend the
Comprehensive Plan to establish the "North Beach Oceanfront
Overlay" land use overlay category; and (b) amend the text of the
Comprehensive Plan to authorize floor area bonuses for property
within the North Beach Oceanfront Overlay.
i) "Developer"shall mean the persons or entities named in the preamble
to this Agreement, and any permitted successors, or assigns thereof;
provided, however, the term "Developer" shall not mean the City.
j) "Developer Property" is defined in the recitals.
k) "Development Order" shall mean any order granting, denying, or
granting with conditions an application for a Development Permit.
I) "Development Permit" shall have the meaning set forth in Section
163.3221(5), Florida Statutes (2017).
m) "Effective Date" shall mean the date when the City records the
executed Agreement in the Public Records of Miami-Dade County, as
provided in Section 163.3239, Florida Statutes (2025), and Paragraph
13 of this Agreement.
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n) "Execution Date" shall mrin the date the last of the required parties
executes this Agreement.
o) "Garage Property" shall mean the property more specifically
described in Exhibit "B" attached hereto and incorporated herein by
this reference.
p) "Land Development Regulations" shall have the meaning set forth in
Section 163.3221(8), Florida Statutes (2025) and shall also include,
without limitation, the definition of "land development regulations" in
Section 1.2.1 of the City's Resiliency Code.
q) "Land Development Regulations Am ndments" shall mean
amendments to the Land Development Regulations to, among other
things: (a) establish the "North Beach Oceanfront Overlay" within the
City's Land Development Regulations; and (b) amend the text of the
Land Development Regulations to authorize floor area and height
bonuses, as well as establish regulations that facilitate the partial
reconstruction of the Deauville Hotel on the Developer Property under
the terms of the North Beach Oceanfront Overlay.
r) "Laws" shall mean all laws, rules, regulations, ordinances, plans,
resolutions, comprehensive plans and land development regulations,
specifically including the City's Comprehensive Plan and Resiliency
Code.
s) "Pro' t" shall mean the development of the Developer Property and
Garage Property consistent with the zoning regulations of the City's
Land Development Regulations (as may be amended by the
Comprehensive Plan Amendment and Land Development Regulations
Amendments) as further detailed in Section 3.
t) "Resil$ency Code" shall mean the City's current land development
regulations.
u) "Overlay" shall mean the "North Beach Oceanfront Overlay" in the
Comprehensive Plan and Land Development Regulations proposed
through File Nos. through Planning Board File Nos. PB24-0708 and
PB24-0693 and approved through Ordinance Nos.
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v) "TriangPe Pocket Park Site" shall mean the existinn landscaped swale
area located at the intersection of 67th Street, Indian Creek Drive, and
Harding Avenue more specifically described in in Exhibit "D" attached
hereto and incorporated herein by this reference.
3. The Project.
a) The Project shall be a mixed-use development consisting of hotel,
residential, and accessory uses. The maximum total floor area
permitted upon the Developer Property shall not exceed 899,895
square feet which shall be distributed among the hotel, residential and
accessory uses substantially in the manner set forth in Exhibit "C".
b) It is prohibited to establish a casino, gambling lounge, betting house,
gaming house, or other similar gambling or gaming use within the
Project
c) The height of any multi-family residential tower on the Developer
Property shall not exceed 300 feet in height (as measured from Design
Flood Elevation, as defined in the Land Development Regulations), and
any architectural projections will comply with the terms of the Land
Development Regulations(as may be amended by the Comprehensive
Plan Amendment and the Land Development Regulation Regulations
Amendments).
d) The uses permitted on the Developer Property shall be: up to 200
multi-family residential units, up to 140 hotel rooms, and accessory
uses (as defined herein).
e) The floor area of the Project shall be divided as follows:
i. A minimum 150,000 square foot mixed-use pedestal incorporating
the partial reconstruction of the former Deauville Hotel building
pedestal;
ii. A minimum 125,000 square feet hotel floor area;
iii. A maximum of 625,000 square feet of residential tower floor area;
and
iv. Floor area associated with accessory uses.
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{ 0 The Project shall include two fiedestrian pathways to the City's 0
Beachwalk, one elevated pathway located at the north side of the
Developer Property with an estimated cost to construct of
approximately $3,879,694.00, and one located south side of the
Developer Property with an estimated cost to construct of
approximately $2,531,071.00. The Developer shall prepare, for the
City's approval, a Declaration of Restrictive Covenant or Access
Easement providing that the Pedestrian Pathways from Collins Avenue
to the Beachwalk shall be open for use by pedestrians from 6AM AM
and until sunset PM, every day of the week, in perpetuity.
g) The Project shall include on-site parking in accordance with the
provisions of the Land Development Regulations (as may be amended
by the Comprehensive Plan Amendment and the Land Development
Regulations Amendments). Project parking may also be located on the
Garage Property.
4. Development Approvals.
a) The Developer acknowledges that development of the Project will
require approval of a Certificate of Appropriateness ("COA") by the
City's Historic Preservation Board ("HPB"), which will determine if the
partial reconstruction of the former Deauville Hotel building including
the pedestal and a reinterpretation of the original hotel tower is
appropriate, and requires conditional use approval by the City's
Planning Board (collectively, the "Project Zoning Approvals").
b) Promptly following the Effective Date, the Developer shall diligently
prepare applications requesting the Project Zoning Approvals
(collectively, the "Project Zoning Applications"). The preparation of
the Project Zoning Applications shall be at the sole cost and expense
of the Developer, in accordance with all City requirements, and shall
include proposed plans sufficiently developed to permit the HPB
and/or Planning Board (as applicable) to act on the Project Zoning
Application(s).
c) The deadlines for obtaining a building permit under any Project Zoning
Approval shall be deemed to run with Term of this Agreement.
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d) The Developer, acknowledges that review of the Project Zoning
Applications by the City and its Boards is quasi-judicial, and that
nothing in this Agreement obligates the City to approve the Project
Zoning Applications or limits the quasi-judicial authority of the City
and its Boards to impose conditions or take any action on the Project
Zoning Applications as provided by the City Code. If either or both of
the Project Zoning Applications is or are denied by the City, or if either
or both of the Project Zoning Approvals contain any terms, conditions
or obligations not consistent with the terms and conditions of this
Agreement or otherwise unacceptable to Developer in its sole and
absolute discretion, then the Developer may elect to: (i) diligently
prepare revised Project Zoning Applications requesting the Project
Zoning Approvals for a revised Project that still conforms with the
Project as defined in this Agreement or (ii) exercise any rights of appeal
the Developer may have.
e) The Developer shall submit a legally sufficient application to the
Planning Board for the conditional use of the Garage Property within
sixty (60) days of the Effective Date.
5. Developer's Public Benefit Obligations. In exchange for the extended deadlines
authorized in Section 2.11.2 of the Resiliency Code and the City's agreement to
expedite processing of all Applications for Development Approvals and
Development Permits, the Developer shall comply with the following
requirements as public benefits to the City:
a) The Project.
i. The Developer shall submit legally sufficient Project Zoning
Applications to the City within eighteen (18) months after the
Effective Date and diligently pursue the approval of the Project.
ii. The Developer shall prepare and submit the building permit
application for the Project within eighteen (18) months after the final
non-appealable approval of a COA for the Project by the City's HPB
or the issuance of a conditional use permit for the Project by the
City's Planning Board.
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iii. The Developer shall complete and, if rlevant, secure a temporary
certificate of occupancy for the following elements of the Project
within five (5) years of the issuance of the building permit:
1. A minimum 150,000 square foot mixed-use pedestal
incorporating the partial reconstruction of the former
Deauville Hotel building I; and
2. The two pedestrian pathways to the City's Beachwalk located
at the north and south sides of the Developer Property.
b) Use of Garage Property.
i. Within sixty (60) days of the Effective Date, the Developer shall
engage a structural engineer to evaluate the structural integrity of
the Garage Property. The structural engineer's report shall be
provided to the City within ninety (90) days of the date the engineer
is engaged. The Developer shall apply for a conditional use approval
for the Garage Property within sixty (60) days of the Effective Date.
ii. If, within thirty (30) days of the City reviewing the engineer's report,
no life-safety concerns are raised, the Developer shall permit the City
to utilize a minimum of one hundred and fifty (150) parking spaces
within the Garage Property for public parking, immediately upon the
conditional use approval being secured.
iii. If life-safety concerns are raised in the engineer's report, the
Developer shall be responsible for diligently pursuing all necessary
repairs to correct the life-safety issues, which shall be completed
within one hundred and eighty (180) days of the City reviewing the
engineer's report. The Developer may make a written requests for an
extension of the time to complete the repairs upon a showing that
the Developer is diligently pursing building permits to complete the
repairs in good faith and the extension of time is reasonably
necessary to obtain the required building permit(s) and complete the
repairs, and an extension of time may be granted by the City
Manager. on a one-time basis, in the City Manager's sole discretion.
Upon the completion of any necessary repairs, the Developer shall
permit the City to utilize the parking spaces immediately, upon the
conditional use approval being secured.
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iv. The City shall operate the temporary public parking use, including
installing all necessary equipment to serve the public parking spaces,
managing methods of payment, sanitation, refuse collection,
security, and any other matter reasonably necessary for the day-to-
day operation of a parking garage.
v. The Developer may, at its option, subject to the issuance of all"
necessary City approvals, incorporate a Project sales center into the
Garage Property.
vi. For five (5) years following the Effective Date, the Developer shall be
responsible for all capital improvements to the Garage Property and
the City shall be responsible for standard maintenance. After five (5)
years, the Developer and the City shall share in the cost of required
capital improvements on a pro rata basis, with the City responsible
for thirty-four percent (34%)of costs, and the Developer responsible
for sixty-six (66%) percent of costs. The Developer shall provide the
150 parking spaces to the City. The Developer may elect to establish
a commercial condominium, at the Developer's sole cost and
expense, to allow conveyance of the parking spaces to the City, or
the Developer may lease for$1 per year, in a form acceptable to the
City, 150 parking spaces to the City. The Developer shall convey or
lease the parking spaces to the City within ninety (90) days of the
spaces being made available to the City pursuant to Section 5(b)(i),
except that in the event the Developer elects to form a commercial
condominium to convey the parking spaces to the City, the City
Manager may extend this timeframe to allow for establishment of the
condominium, provided that the Developer has commenced the
process to fm the commercial condominium and is proceeding in
good faith with establishment of the commercial condominium.
Upon conveyance or lease of the parking spaces, he City shall be
responsible for thirty-four(34%) of assessments, operating expenses,
maintenance costs, capital improvements (excluding capital
improvements required within five (5) years from the Effective Date),
and utilities for the garage. In the event the Developer elects to lease
the parking spaces to the City, the City shall not be responsible for
any portion of property taxes paid with respect to the Garage
Property.
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vii. If accesr utilization of any City-owned spaces will be impacted by
the work on capital improvements to the Garage Property, the
Developer shall provide the City with temporary spaces within the
facility in a location reasonably acceptable to the City.
c) Capital Contributions for the Byron Carlyle Art and Cultural Center. The
Developer shall pay $7,500,000.00 to the City for use in connection with
the proposed redevelopment of the Byron Carlyle Site. $1,000,000.00 of
the payment shall be made within ninety (90) days of the Effective Date
of this Agreement. The remaining $6,500,000.00 shall be paid as follows:
(i) $2,500,000.00 shall be paid within sixty (60) days of the securing of a
final non-appealable approval of a Certificate of Appropriateness for the
Project by the City's HPB and (ii) the remaining $4,000,000.00 shall be
paid within sixty (60) days following the issuance of a building permit for
the Project, except that the Developer shall advance$2,000,000.00 of the
remaining $4,000,000.00 to the City within thirty (30) days of the City's
approval of a construction contract that this City is entering into related
to the development of the Byron Carlyle Art and Cultural Center.The City
may request the advance in connection with a construction contract for
the Byron Carlyle Art and Culture Center no earlier than one(1)year from
the Effective Date and such request shall be in writing. The application
of the Developer's contribution shall be at the City's discretion.
d) Biscayne Beach Elementary Infrastructure Improvements. Within thirty
(30)days of the Effective Date, the Developer shall contribute $40,000.00
to the City for improvements to the Biscayne Beach Elementary sanitary
sewer infrastructure. The application of the Developer's contribution
shall be at the City's discretion.
e) Funding for Infrastructure Analysis and Repairs. Within thirty (30) days
of securing a final non-appealable approval of a Certificate of
Apprdness for the Project (by the City's HP8), the Developer shall
contribute $400,000.00 in funding to the City for the purpose of funding
an infrastructure evaluation and analysis, and any repairs identified in
the analysis. The application of the Developer's contribution shall be at
the City's discretion.
f) Resolution of Existing Fines. The Developer shall pay $6,300,000.00 to
the City to resolve existing fines for code violations on the Developer
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Property and the Garage Propertyyin accordance with the terms of a
settlement agreement dated April 23, 2025 between the City and the
Developer (and certain affiliates of the Developer).
g) Development of Triangle Pocket Park. The Developer shall design and
construct a pocket park at the Developer's sole cost and expense located
within the Triangle Pocket Park Site. The development of the pocket park
shall be governed as follows.
i. Concept Plan Approval. Within a hundred and twenty (120) days of
the final non-appealable approval of a COA for the Project by the
City's HPB, the Developer shall present a concept plan to the City
Manager or designee for the creation of the Triangle Pocket Park
the "Triangle Pocket Park Concept Plan" for the City to approve,
provided that the City shall not require a scope, design or
specifications such that the aggregate hard and soft costs for the
development and construction of the Triangle Pocket Park exceeds
$250,000.00. The City Manager shall review and either confirm,
approve or disapprove the Triangle Pocket Park Concept Plan within
thirty (30) days after receipt of the same If the City Manager fails to
confirm, approve or disapprove the Triangle Pocket Park Concept
Plan within such thirty (30) day period, the plan shall be deemed
confirmed/approved by the City. However, if the City Manager
timely disapproves of the Triangle Pocket Park Concept Plan, he/she
shall give the specific and detailed reasons for such rejection, in
which event, the Developer shall submit proposed modifications to
the Triangle Pocket Park Concept Plan until the plan has been or is
deemed to have been confirmed/approved by the City.
ii. Schematic Plans/Hearing Approval. The Developer, at Developer's
sole cost and expense shall be responsible for preparation and
processing of all necessary materials for the City's Design Review
Board review and approval of schematic design plans implementing
the Triangle Pocket Park Concept Plan. The Developer shall prepare
and submit the Design Review Board application within a hundred
and twenty (120) days of the City's approval of the Triangle Park
Concept Plan. The City shall timely execute all necessary application
materials upon the written request by the Developer. In the event
the Design Review Board requires changes to the proposed design,
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the Developers will be responsible for preparing all ecessary
modifications. The Developer shall not be required to modify the
plan in a manner such that the aggregate hard and soft costs for the
development and construction of the Triangle Pocket Park exceed
$250,000.00.
iii. Final Construction Documents and Proprietary Review Within 365
days of the Design Review Board approval of schematic design
plans, the Developer shall prepare and submit to the City Manager
the final construction documents, including the preparation of
design and permit plans, and the preparation of materials necessary
for any development permits required by the City, County, and
State, it being understood and agreed that the Developer's design
professionals shall be responsible for preparing the construction
documents in consultation with the City. The Developer shall submit
such final construction documents to the City Manager for the sole
and limited purpose of verifying that the final construction
documents conform in all material respects with the applicable
approved Triangle Pocket Park Concept Plans. The City shall review
and either confirm/approve or disapprove such final construction
documents within thirty (30) days after receipt of the same, but for
avoidance of doubt, the City may disapprove the final construction
documents only if they do not conform in all material respects to
the applicable approved schematic design plans. If the City fails to
confirm/approve or disapprove such final construction documents
within such thirty (30) day period, then such final construction
documents shall be deemed confirmed/approved by the City.
However, if the City timely disapproves such final construction
documents, it shall give the specific and detailed reasons for such
rejection, in which event, Developer shall submit proposed
modifications to such final construction documents so that they
conform in all material respects to the applicable approved Triangle
Pocket Park Plans and then re-submit them to the City within sixty
(60) days of the City Manager's written disapproval pursuant to the
foregoing process until such final construction documents have
been or are deemed to have been confirmed/approved by the City,
and such final construction documents, once confirmed/approved
or deemed approved by the City, shall be the documents submitted
for building permit.
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iv: Processing of Construction Permit Whin ninety (90) days of the
City's proprietary approval of the final construction documents for
the Triangle Pocket Park, the Developer shall, at its sole cost and
expense, submit the building permit plans to the City. The City shall
waive any permit fees associated with the submittal, unless
mandated by state law. The Developer shall diligently pursue the
issuance of a building permit for the improvements, including
making timely revisions and resubmittals until the permit for the
improvements is issued.
v. Construction of Triangle Pocket Park. Within 36S days of the City's
issuance of aft necessary permits, the Developer shall commence
construction on the Triangle Pocket Park improvements and
diligently pursue the completion of the work.
h) Temporary Public Open Space. A portion of the Developer Property shall
be developed as temporary public open space in accordance with the
conceptual site plan attached as Exhibit E for use by the general public
during the period of time that the Project is seeking the required
Development Approvals to develop the Project. Within fourteen (14)
days of the Effective Date of this Agreement, the Developer shaft present
a draft temporary access agreement to the City Attorney for City
Attorney's approval, with such approval not to be unreasonably
withheld, and which shall be deemed granted if City Attorney fails to
deliver notice of disapproval within 30 days of receipt of same, providing
for temporary public access to the temporary public open space. Within
thirty (30) days of the Effective Date of this Agreement, the Developer
shall have prepared all required materials and fife all necessary permit
applications.Within thirty (30) days of issuance of the required permit(s),
the Developer shall commence construction of the temporary public
park improvements, inclusive of landscaping, lighting, and irrigation. The
Developer shall diligently pursue completion of the improvements
within one-hundred-twenty (120) days of issuance of the required
permits. The requirement to provide temporary public park use of the
Developer Property shall terminate upon issuance of any building permit
in furtherance of the Project.
i) Center for Miami Modern Architecture and Resilience. The Developer
shall design and construct a minimum 2,000 square foot exhibition and
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meeting space to be used as the Center for Miami Modern Architectatre
and Resilience at the Deauville Hotel (the "Center") within the mezzanine
of the partially reconstructed pedestal of the Project. The Developer shall
offer the Center for use by non-profit organizations or educational
institutions.
j) Privately Owned Public Spaces. The areas depicted on the attached
Exhibit F shall be deemed privately owned public open spaces ("POPS")
that are generally open to the public. The POPS shall include a widened
sidewalk promenade along portions of the Collins Avenue frontage of
the Developer Property, a beach access path on the south side of the
Developer Property, an elevated beach access path on the north side of
the Developer Property, and the lobby of the partially reconstructed
Deauville Hotel. The hours of access for the POPS shall be as follows:
i. Collins Avenue Sidewalk Promenade. 24 hours per day.
ii South Beach Access The beach access path on the south side of
the Developer Property depicted in Exhibit F shall be open to the
public between the hours of 6:00 AM and 9:00 PM, seven (7) days
per week.
North Elevated Beach Access The beach access path on the north
side of the Developer Property depicted in Exhibit F shall be open
to the public between the hours of 6:00 AM and 9:00 PM.
iv. Reconstructed Deauville Lobby. The reconstructed lobby of the
Deauville Hotel depicted in Exhibit F shall be open to the public
between the hours of 10:00 AM and 2:00 PM.. The Owners shall be
permitted to place reasonable restrictions on the number of
persons accessing the reconstructed lobby at one time, or per day,
to mitigate impacts on the operation of the hotel.
The Owners shall install wayfinding signage within the Developer Property
notifying the public of the POPS and the hours of operation. The Owners
shall be permitted to partially or fully close the POPS for maintenance,
repairs, upgrades, and private events, provided that such private events do
not cause the closure of the POPS for a period longer than forty-eight (48)
hours.
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k) Prohibition of Gambling or Gaming Use. The Owners shall execute and
cause to be recorded in the public records of Miami-Dade County a
Declaration of Restrictive Covenants in a form acceptable to the City
Attorney prohibiting development of the Developer Property, or use of
the Developer Property, as a casino, gambling lounge, betting house,
gaming house, or other similar gambling or gaming use. Such
instrument shall provide for modification, amendment or release only
by unanimous vote of the City Commission following public hearing.
I) Live Local Act and Preemptions. Upon final non-appealable approval of
a Certificate of Appropriateness for the Project by the City's HPB, the
Developer shall execute and record in the Public Records of Miami-Dade
County a covenant, in a form acceptable to the City Attorney, that
voluntarily covenants and agrees that Developer shall not avail itself of
the Live Local Act, codified under Section 166.04151, Fla. Stat (2025), any
amendment thereto, or any other state statute that preempts local land
development regulations concerning maximum permitted height,
maximum permitted floor area ratio, or maximum permitted density. For
the avoidance of doubt, in the event an appeal contesting the issuance
of a Certificate of Appropriateness is filed, the Developer shall not be
required to execute and record the covenant until the appeal is resolved
in a manner acceptable to the Developer.
6 Conditions Precedent to Issuance of Certificate of Occupancy or Temporary
Certificate of Occupancy for the Project. The Developer acknowledges that
compliance with the public benefit requirements of Section 5(a)-(j) is material
consideration for the City's execution of this Agreement. Except as otherwise
provided in this Agreement, the Developer shall not apply for and the City shall
not issue any temporary certificate of occupancy, final certificate of occupancy
and/or certificate of completion for the Project (in whole or in part) until the
public benefit requirements of Section 5(a)- (j), inclusive, are satisfied or waived,
in the sole and exclusive discretion of the City Manager. Furthermore, the
Developer shall not apply for, and the City shall not issue any final certificate of
occupancy and/or certificate of completion for the Project (in whole or in part)
until the public benefit requirements of Section 5(g) are satisfied or waived, in
the sole and exclusive discretion of the City Manager.
GENERAL PROVISIONS
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7 4plications for Development Approvals and Development Permits. This
Agreement contemplates that the Developer will file applications for Project
Zoning Approvals and Development Permits. The City shall expedite the
processing of all Development Permit and Project Zoning Approvals
applications. Notwithstanding the foregoing, the Developer shall be solely
responsible for obtaining all final, non-appealable Project Zoning Approvals
and Development Permits for the Project. No extension of any time period
herein shall be deemed to be an extension of any time periods contained within
Development Permits. The expiration of the Project Zoning Approvals for the
Project and the Triangle Pocket Park shall be subject to Section 2.11.2 of the
Resiliency Code.
8 Laws Governing this Agreement. For the entire Term of this Agreement, the City
hereby agrees that the City's Resiliency Code (as may be amended by the
Comprehensive Plan Amendment and the Land Development Regulations
Amendments) governing the development of the Developer Property, as they
exist as of the Execution Date of this Agreement, shall govern the development
of the Property (including the Project and the Park Project) during the entire
Term of this Agreement. Notwithstanding the foregoing, the City may apply
subsequently adopted laws or policies of general applicability to the Property
(including the Project) (particularly as they may relate to quality of fife issues
such as, but not limited to noise, litter, and hours of operation) as permitted or
required by the Act, including, without limitation, Section 163.3233(2), Florida
Statutes, as same may he amended from time to time; provided, however, that
in no event shall the City apply any subsequently adopted law or policies in a
manner that requires any alterations or modifications to the Project or the
Triangle Pocket Park Project or any amendments or modifications to the Project
Zoning Approvals.
9 Compliance with Local Regulations Regarding Development Permits. This
Agreement is not and shall not be construed as a Development Permit,
Development Order, approval or authorization to commence any development,
fill, or other land modification. The Developer and the City agree that the failure
of this Agreement to address a particular permit, approval, procedure,
condition, fee, term or restriction in effect on the Effective Date shall not relieve
the Developer of the necessity of complying with any such permit, approval,
procedure, condition, fee, term or restriction, subject however to the terms and
provisions of this Agreement.
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10 Reservation of Rights. ThitAgreement shall not affect any rights that may have
accrued to any party to this Agreement under any applicable law, rule or
regulation and each party hereto reserves any and all of such rights.
11 Consistency with the City's Comprehensive Plan. The City has adopted and
implemented the Comprehensive Plan. The City hereby finds and declares that
the provisions of this Agreement dealing with the Property (including the
Project) are consistent with the City's Comprehensive Plan and Resiliency Code
(as may be amended by the Comprehensive Plan Amendment and the Land
Development Regulations Amendments), subject to all applicable
requirements, permits and approvals.
12 Concurrency. The Developer shall be solely responsible for obtaining all land
use permits for the Project, including, but not limited to, all permits and
approvals required pursuant to Section 163.3180, Florida Statutes (2025), with
respect to concurrency requirements for roads, sanitary sewer, solid waste,
drainage, potable water, parks and recreation, and schools (the "Concurrency
Requirements"). Prior to applying for the Initial Building Permit for the Project,
Developer shall apply to the appropriate governmental authorities and obtain
letters or other evidence that the Developer has satisfied all applicable
Concurrency Requirements with respect to the Project, and shall diligently and
in good faith obtain such letters or other evidence that the Project meets all
applicable Concurrency Requirements, and shall pay such impact fees or
mobility fees as may then be due or applicable to meet Concurrency
Requirements.
13 Effective Date; Duration;Term, and Periodic Review.
a) Within fourteen (14) days following approval of this Agreement at two (2)
public hearings and the execution of this Agreement by all parties, the
City shall record this Agreement in the Public Records of Miami-Dade
County, This Agreement shall become effective only after it has been
recorded in the Public Records of Miami-Dade County, Florida. The
Developer agrees that it shall be responsible for all recording fees related
to the recording of this Agreement.
b) The initial Term of this Agreement shall be a total of ten (10) years from
the Effective Date. The Term of this Agreement shall be automatically
extended by five (5) years upon the Developer's compliance with the
public benefit requirements of Paragraph 5(a)-(j) and shall be subject to
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the force majeure provisions of Paragraph 3 . Any further extension of
the Term of this Agreement will only be with the mutual consent of the
City and the Developer subject to a public hearing pursuant to Section
163.3225, Florida Statutes; and consent to any extension of this
Agreement is within the sole discretion of each party to this Agreement.
No notice of termination shall be required by either party upon the
expiration of this Agreement, and after the expiration of this Agreement
the parties shall have no further obligations under this Agreement, except
for those obligations that expressly survive the expiration of this
Agreement.
c. The City shall review this Agreement at least once every twenty (20)
months, to determine if there has been demonstrated good faith
compliance with the terms of the development agreement pursuant to
Section 163.3235, Florida Statutes. Any action to modify or revoke this
Agreement pursuant to this Paragraph must be undertaken following the
public hearing process required by Section 163.3225, Florida Statutes,
and based on substantial competent evidence that the Developer is not
in compliance with its obligations and responsibilities under the
Agreement.
14 Permitted Development.
a) Permitted Development and Uses. The Developer Property is designated
as "Residential Multi-Family - High Intensity" (RM-3) according to the
City's adopted Comprehensive Plan Future Land Use Map. The Property
is zoned "RM-3 Residential Multi-Family, High Intensity" by the City's
Resiliency Code. The RM-3 zoning district permits multi-family residential
buildings, hotels, and related accessory uses. The Property may be used
for the purposes permitted and regulated in these land use designations
and zoning districts, as further limited by the by the City's Resiliency Code
and Comprehensive Plan, as amended by the Comprehensive Plan
Amendment and the Land Development Regulations Amendments.
b) Density, Building Heights, Setbacks and Intensities. The maximum
density, heights, setbacks and intensities for any development on the
Property shall be regulated by the City's Resiliency Code, Comprehensive
Plan (as amended by the Comprehensive Plan Amendment and the Land
Development Regulations Amendments) and any applicable Federal,
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State or County laws, rules nd regulations, except as specified in SectOn
3. Subject to the restrictions set forth in the RM-3 land use designation,
the maximum residential density is 150 dwelling units per acre.
15 Public Facilities to Service the Property. A description of the public facilities that
will service the Property, including who shall provide such facilities, the date
any new facilities, if needed,will be constructed, and a schedule to assure public
facilities are available concurrent with the impacts of the development of the
Property, is set forth in Exhibit "G" attached hereto and incorporated herein
by this reference.
16 Public Reservations and/or Dedications. A description of the reservations
and/or dedications of land for public purposes that are proposed under the
terms of this Agreement is set forth in Exhibit "H" attached hereto and
incorporated herein by this reference.
17 Required Development Permits. A listing and description of all local
development permits approved or needed to be approved for the development
of the Project and the Park Project is set forth in Exhibit "l" attached hereto
and incorporated herein by this reference.
18 Developer's Right to Terminates The Developer shall have the option to
terminate this Agreement in its sole and absolute discretion in the following
events:
a) If either or both of the Project Zoning Applications is or are denied by the
City, or if either or both of the Project Zoning Approvals contain any
terms, conditions or obligations not consistent with the terms and
conditions of this Agreement or otherwise unacceptable to Developer in
its sole and absolute discretion; or
b) In the event the Developer elects not to proceed with the Project after
the Developer has met its then outstanding obligations under Paragraph
5 of this Agreement.
19. Default. Each of the following shall be an "Event of Default" by the Developer
hereunder:
a) If the Developer shall fail to observe or perform any term, covenant or
condition of this Agreement on the Developer's part to be observed or
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performed-and the Developer shall fail to cure or remgdy the same within
(i) thirty (30) days of the Developer's receipt of written notice from the
City with respect to monetary defaults, or (ii) sixty (60) days of the
Developer's receipt of written notice from the City with respect to non-
monetary defaults (each, a "Default Notice"). If such non-monetary
default is susceptible to cure but cannot reasonably be cured within such
sixty (60) day period, then the Developer shall have such additional time
as is necessary to cure such failure and no Event of Default shall be
deemed to exist hereunder so long as the Developer commences such
cure within such initial sixty (60) day period and diligently and in good
faith pursues such cure to completion.
b) If the Developer shall make an assignment for the benefit of creditors; or
shall admit in writing its inability to pay its debts generally as they
become due; or shall consent in writing to the appointment of a receiver
or trustee or liquidator of all or substantially all of its property; or if all or
substantially all of the assets of the Developer are attached, seized,
subjected to a writ or distress warrant, or are levied upon, and the same
is not dismissed, discharged or satisfied within one hundred fifty (150)
days after such attachment, seizure, subjection or levy occurs (for
avoidance of doubt, in each case with respect to this clause b), other than
to or for the benefit of lenders providing financing in connection with the
Project).
c) If the Developer shall commence a voluntary case under the Title 11 of
the United States Code (the "Bankruptcy Code"); or an involuntary
proceeding is commenced against the Developer under the Bankruptcy
Code and the same is not dismissed or stayed within one hundred fifty
(150) days after the commencement of the case; or a custodian (as
defined in the Bankruptcy Code) is appointed for or takes charge of all or
substantially all of the property of the Developer in any proceeding under
the Bankruptcy Code and such custodian is not discharged or dismissed
within one hundred fifty (150) days after such appointment; or the
Developer consents in writing or joins in an application for the
appointment of a custodian in any proceeding under the Bankruptcy
Code; or the Developer commences any other proceedings under any
reorganization, arrangement, readjustment of debt, relief of debtors,
dissolution, insolvency or liquidation or similar law of any jurisdiction
whether now or hereafter in effect (an "Other Insolvency Proceeding")
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relating to the Developer; or theres commenced against the Developer
any such Other Insolvency Proceeding and the same is not dismissed or
stayed within one hundred fifty (150) days; or a custodian, trustee or
person of similar capacity is appointed for or takes charge of all or
substantially all of the property of the Developer in any such Other
Insolvency Proceeding and such custodian, trustee or person of similar
capacity is not discharged or dismissed within one hundred fifty (150)
days after such appointment; or the Developer consents in writing or joins
in an application for the appointment of a custodian, trustee or person of
similar capacity in any such Other Insolvency Proceeding.
In the event the City shall claim any Event of Default shall have occurred under
this Agreement, the City's Default Notice shall state with specificity the
provisions of this Agreement under which the Event of Default is claimed, the
nature and character of such Event of Default, the date by which such Event of
Default must be cured pursuant to this Agreement (if applicable), and, if elected
by the City, that the failure of the Developer to cure such Event of Default by
the date set forth in such Default Notice will result in the City having the right
to terminate this Agreement
19 Enforcement of Performance; Damages: and Termination. If an Event of Default
occurs under this Agreement, and such Event of Default has not been cured
within any applicable notice and cure period, the City may elect (subject to the
terms, conditions and limitations set forth in this Agreement) any one or more
of the following remedies:
a) Enforce strict performance by the Developer;
b) Terminate this Agreement, provided that the City shall have delivered a
copy of the City's Default Notice to any lender providing financing with
respect to the Project that has provided the City written notice of its name
and address, and the City shall not terminate this Agreement if such
lender is diligently prosecuting cure of any curable Event of Default, or
with respect to Events of Default that are not susceptible to cure by such
lender (e.g., bankruptcy with respect to the Developer) or that are not
susceptible to cure without possession of or title to the applicable
property, or ownership of Developer(directly or indirectly), such lender is
diligently prosecuting enforcement proceedings to obtain possession or
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title, and after obtaining possession and title diligently proceeds to
prosecute cure of those Events of Default that are susceptible to cure; or
c) Pursue any other remedy available to the City at law or in equity.
The City's election of a remedy under this Agreement with respect to any one
or more Events of Default shall not limit or otherwise affect the City's right to
elect any of the remedies available to it under this Agreement with respect to
any other Event of Default.
In the event the City elects to terminate this Agreement after the occurrence of
an Event of Default that was not cured within any applicable notice and cure
period, and such termination is stayed by order of any court having jurisdiction
of any matter relating to this Agreement, or by any federal or state statute, then
following the expiration of any such stay, the City shall have the right, at its
election, to terminate this Agreement with five (5) Business Days' written notice
to the Developer, the Developer as debtor in possession, or if a trustee has been
appointed, to such trustee.
Notwithstanding anything to the contrary contained in this Agreement, in no
event whatsoever shall the Developer be liable to the City or any other person
for any indirect, special, incidental, consequential, punitive, economic damages
(including, without limitation, diminution of property value) lost profits or
similar damages, whether or not foreseeable or advised of the possibility of the
same, in connection with, arising from or as a result of any Event of Default by
the Developer under this Agreement.
20 Termination Outside of Default. In the event either party chooses to exercise its
right to terminate this Agreement under any of Paragraphs of this Agreement
(apart from the City's right to terminate under Paragraph 19 of this Agreement
as a result of an Event of Default by Developer), each party shall bear its own
fees, costs and expenses incurred in connection with this Agreement, the
Project and the Triangle Pocket Park project, and neither party shall have or
owe any further obligation or liability to the other party.
21 Strict Performance; Waiver. No failure by the City or the Developer to insist
upon strict performance of any covenant, agreement, term or condition of this
Agreement or to exercise any right or remedy available to such party by reason
of the other party's default hereunder shall constitute a waiver of any such
default or of such other covenant, agreement, term or condition hereunder.
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22 Notices.\ll notices required or permitted to be given under this Agreement
shall be in writing and shall be deemed to have been given if delivered by hand,
sent by recognized overnight courier (such as Federal Express) or mailed by
certified or registered mail, return receipt requested, in a postage prepaid
envelope, and addressed as follows:
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
If to Developer at TMG 67 Communities LLC
3310 Mary Street, #302
Coconut Grove, FL 33133
Attn. David Martin
With a copy to: Bercow Radell Fernandez & Larkin
200 S. Biscayne Boulevard
Miami, Florida 33131
Attn: Michael W. Larkin
With a copy to: Deauville Associates LLC
5101 Collins Avenue, Management Office
Miami Beach, Florida 33140
Attn. Belinda Meruelo
Notices personally delivered or sent by overnight courier shall be deemed given
on the date of delivery and notices mailed in accordance with the foregoing
shall be deemed given upon receipt or refusal to accept delivery. The terms of
this Paragraph shall survive the expiration or earlier termination of this
Agreement.
23 Governing Laws, Construction and Litigation. This Agreement shall be governed
and construed in accordance with the laws of the State of Florida, both
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substantive and remedial, without tegard to principles of conflict of laws. The
Developer and the City agree that Miami-Dade County, Florida is the
appropriate and exclusive state court venue, and that the U.S. District Court,
Southern Division of Florida is the appropriate and exclusive federal court
venue, in connection with any litigation between the parties with respect to this
Agreement. All of the parties to this Agreement have participated fully in the
negotiation and preparation hereof; and accordingly, this Agreement shall not
be more strictly construed against any of the parties hereto. In construing this
Agreement, captions, and section and paragraph headings shall be disregarded
and the use of any gender shall include every other and all genders. All of the
exhibits referenced in this Agreement are incorporated in, and made a part of,
this Agreement. In the event of any litigation between the parties under this
Agreement for a breach thereof, the prevailing party shall be entitled to
reasonable attorney's fees and court costs at all trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, THE CITY AND THE DEVELOPER EXPRESSLY
WAIVE ANY RIGHTS EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO
ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
The terms of this Paragraph shall survive the expiration or earlier termination
of this Agreement.
24 Severability. In the event any term or provision of this Agreement be
determined by appropriate judicial authority to be illegal or otherwise invalid,
such provision shall be given its nearest legal meaning or construed as deleted
as such authority determines, and the remainder of this Agreement shall be
construed to be in full force and effect.
25 Time of Essence. Time shall be of the essence for each and every provision
hereof.
26 Entire Agreement. This Agreement, together with the documents referenced
herein, constitutes the entire agreement and understanding among the parties
with respect to the subject matter hereof, and there are no other agreements,
representations or warranties other than as set forth herein. Neither party shall
be bound by any agreement, condition, warranty nor representation other than
as expressly stated in this Agreement. This Agreement may not be changed,
altered or modified except by an instrument in writing signed by both parties
hereto, subject to the requirements for the amendment of development
agreements in the Act.
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27 Other Agreements. This Agreement has no effect on any otter agreement, the
City's development orders, or declaration of restrictions otherwise
encumbering the Property. Any and all agreements currently in the public
records remain valid. The parties incorporate by reference each and every
requirement set forth in the Act.
28 Binding Effect. The obligations imposed pursuant to this Agreement upon the
Developer and upon the Property shall run with and bind the Property as
covenants running with the Property, and this Agreement shall be binding upon
and enforceable by and against the parties hereto and their respective
successors, assigns and heirs.
29 Transfer and Assignment. TMG 67 Communities LLC ("TMG") recognizes that,
in view of the importance of reconstructing a portion of the historic Deauville
Hotel to the general welfare of the City and the general community, TMG's
qualifications and identity are of particular concern to the community and to
the City. Accordingly, TMG acknowledges that it is because of such
qualifications and identity that the City is entering into this Agreement with
TMG, and, in doing so, the City is further willing to accept and rely on TMG's
obligations for faithfully performing all its responsibilities under this
Agreement. TMG represents and warrants that the persons/entities having an
ownership interest in the Developer Property and Garage Property, together
with their percentage and character of ownership have been disclosed to the
City.
The Developer shall not be entitled to assign or transfer this Agreement or any
of the rights and obligations hereunder prior to the satisfaction or deemed
satisfaction of the conditions set forth in Paragraph 5 of this Agreement without
the prior written consent of the City (which consent may be withheld,
conditioned or delayed in the sole and absolute discretion of the City), except
as hereinafter provided. The Developer shall have the right at any time and from
time to time to sell, transfer and convey all or any portion of the Property to
any person or entity (a "Subsequent Owner") and assign and transfer this
Agreement and the rights and obligations hereunder in whole or in part to any
Subsequent Owner in connection with such sale, transfer or conveyance of the
Property or any portion thereof without the prior consent or approval of the
City, provided that a "Terra Entity" (as hereinafter defined) shall at all times (a)
hold, directly or indirectly, not less than a 10% ownership interest in the
Developer Property, (b) serve, directly or indirectly, as a manager of the entity
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'that is developing the Project, and (c) exerise, directly or indirectly, day-to-day 0
operational control of the entity as the manager of the entity that is developing
the Project; provided, further, that this Agreement and the rights and
obligations hereunder can be assigned and transferred at any time and from
time to time to any lender, lender designee or non-lender affiliated purchaser
(any of the foregoing being referred to herein as a "Foreclosure Purchaser")
who acquires the Property or any portion thereof through a foreclosure sale or
deed-in-lieu of foreclosure without the prior consent or approval of the City,
provided, in the event of an acquisition of only a portion of the Property by a
Foreclosure Purchaser, a Terra Entity shall remain a partial owner of any portion
of the Property not acquired by the Foreclosure Purchaser. Direct and indirect
owners of Developer shall also be entitled at any time and from time to time to
pledge their direct and indirect ownership interests in Developer to one or more
lenders, and any such lender, its designee and a non-lender affiliated purchaser
(any of the foregoing being referred to herein as a "Mezzanine Foreclosure
Purchaser") shall be permitted to acquire all or any portion of the direct and/or
indirect ownership interests in the Developer through foreclosure of any such
pledge or acceptance of an assignment-in-lieu of foreclosure, and/or to
exercise control over Developer (directly or indirectly), without the prior
consent or approval of the City. provided, in the event of an acquisition of only
a portion of the direct and/or indirect ownership interests in the Developer by
a Mezzanine Foreclosure Purchaser, a Terra Entity shall remain a partial owner
of the direct and/or indirect ownership interests in the Developer not acquired
by the Mezzanine Foreclosure Purchaser.
This Paragraph and the restrictions, limitations and prohibitions contained
herein shall automatically terminate, extinguish and be of no further force or
effect immediately upon the earlier of the following events to occur (y) the
issuance of a temporary certificate of occupancy, a final certificate of occupancy
or a certificate of completion for the Project, (z) the acquisition of the Property
or any portion thereof by any Foreclosure Purchaser through a foreclosure sale
or deed-in-lieu of foreclosure, or (aa) the acquisition of all of the direct and/or
indirect ownership interests in Developer by any Mezzanine Foreclosure
Purchaser through foreclosure of any such pledge or acceptance of an
assignment-in-lieu of foreclosure; whereupon, the Developer, any Subsequent
Owner and/or any Foreclosure Purchaser and/or any Mezzanine Foreclosure
Purchaser shall have the absolute and unconditional right to sell, transfer and
convey all or any portion of the Property to any person or entity and to assign
and transfer this Agreement and the rights and obligations hereunder in whole
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or in part to any person or entity in connection with such sale, transfer or
conveyance of the Property or any portion thereof without the prior consent or
approval of the City whether or not a Terra Entity (aa) holds, directly or
indirectly, any ownership interest in the Developer Property, (bb) serves, directly
or indirectly, as a manager of the entity that is developing the Project, or (c)
exercises, directly or indirectly, day-to-day operational control of the entity as
the manager of the entity 'that is developing the Project. Any assignee or
transferee (including, any Subsequent Owner or Foreclosure Purchaser) shall
assume all remaining obligations of the Developer under this Agreement at the
time of such assignment or transfer of this Agreement. For purposes of this
Paragraph, the term "Terra Entity" shall mean: (ww) Pedro Martin; (xx) David
Martin; (yy)any trust established for the benefit of Pedro Martin or David Martin
or any spouse, child, grandchild or sibling of Pedro Martin or David Martin (or
of any combination of the foregoing); and/or (zz) any entity owned, directly or
indirectly, one hundred percent (100%)by Pedro Martin or David Martin or any
trust established for the benefit of Pedro Martin or David Martin or any spouse,
child, grandchild or sibling of Pedro Martin or David Martin (or of any
combination of the foregoing).
30 Force Majeure and Third-Party Challenges. All time periods set forth in this
Agreement and in any approval or permit issued in connection with the Project
will be tolled due to force majeure events (including, without limitation, strikes,
lockouts, acts of God, pandemics, hurricanes and severe weather, and other
causes beyond the control of either party), and due to delays in obtaining
permits and approvals from governmental agencies, during the pendency of
any "Lawsuit"(as hereinafter defined) and any unexpired appeal period thereof.
For the avoidance of doubt, (a) any tolling of time periods pursuant to Section
252.363, Florida Statutes, shall apply only to the expiration date of this
Agreement, but not to any other time periods set forth herein, except for any
period during which the Developer is unable to complete any work or take any
action due to the force majeure or other event triggering the declaration of a
state of emergency and (b) with respect to any other force majeure event, time
periods in this Agreement shall similarly be tolled only during such period as
the Developer is unable to complete any work or take any action due to such
other force majeure event. In the event that a third party unrelated to or
unaffiliated with the City or the Developer institutes any action, suit or
proceeding against the City relating to the Project, including, without limitation,
any action, suit or proceeding challenging the validity or issuance of this
Agreement, the Comprehensive Plan Amendment and/or the Land
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Development Regulations Amendments, the Project Zoning Approvals, or any
Building Permit (in each instance, including any related appeals, a "Lawsuit"),
then the Developer shall defend the City in any such Lawsuit at its sole cost and
expense using legal counsel reasonably acceptable to the City. The Developer
shall further indemnify and hold the City harmless from and against all actual
damages, losses, liabilities, fees, cost and expense (including attorneys' fees,
costs and expenses) of any and every kind arising out of or relating to any such
Lawsuit. This Paragraph shall survive the expiration or any earlier termination of
this Agreement.
31 Indemnification of City by the Developer.
a) To the fullest extent permitted by law, and without limiting any other
indemnity obligations of the Developer set forth elsewhere in this
Agreement, the Developer hereby agrees to defend, indemnify and hold
harmless the City and its former, current and future elected officials,
directors, attorneys, appointed officials, administrators, consultants,
agents, and employees (collectively, "City Indemnified Parties") from and
against all claims, damages, losses, and expenses, direct or indirect,
(including but not limited to fees and charges of attorneys and other
professionals and court and mediation costs) arising out of or resulting
from (i) the City's adoption of any resolution or ordinance or the taking
of any other action relating to this Agreement or the Project, (ii) the City's
granting of permission for any activity performed under the terms of this
Agreement and (iii) the construction and/or maintenance of the Project
or Triangle Pocket Park Site (including all easements) and caused, in
whole or in part, by any willful, reckless, or negligent act and/or omission
of Developer or any person, employee, agent, or third party acting on
Developer's behalf (including any contractor, subcontractor, or any
person or organization directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable) (collectively "Losses").
The foregoing indemnity provision includes, subject to the sovereign
immunity monetary limitation described below, if applicable,
Developer's agreement to fully indemnify the City Indemnified Parties
from any Losses alleged to have been caused, in whole or in part, by the
negligent acts or omissions of the City or any person, employee, agent,
or third party acting on City's behalf (including any contractor,
subcontractor, or any person or organization directly or indirectly
employed by any of them or anyone for whose acts any of them may be
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• liable) (collectively "City Agents"), other than any willful, reckless, or
grossly negligent act or omission of City or any other City Agent
("Excluded Act"). In the event that any City Agent is determined to be
solely responsible for causing damage, loss or injury to a third party for
any Excluded Act, Developer shall not be obligated to defend, indemnify
or hold any City Indemnified Parties harmless. If both Developer and any
City Agent are determined to be jointly liable for Losses for such a willful;
reckless or grossly negligent act or omission, Developer shall pay its
share of the Losses, and, in addition, shall indemnify the City Indemnified
Parties to the maximum amount to which the City Indemnified Parties
are liable after application of the "sovereign immunity" limitation on
damages provided by Section 768.28, Florida Statutes.
b) In any and all claims against the City or any of its consultants, agents, or
employees by any employee of Developer or any employee of any
person, employee, agent, or third party acting on Developer's behalf
(including contractors, subcontractors, or any person or organization
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable), the indemnification obligation of this section
shall not be limited in any way by any limitation on the amount or type
of damages, compensation, or benefits payable by or for Developer or
by or for any person, employee, agent, or third party acting on
Developer's behalf (including contractors, subcontractors, or other
persons or organizations directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable) under workers' or
workman's compensation acts, disability benefit acts, other employee
benefit acts or any other service of law.
This indemnification provision shall survive the termination of any City permit
and this Agreement, however terminated.
32 Corporate Obligations. It is expressly understood that this Agreement and the
obligations issued hereunder are solely corporate obligations, and that no
personal liability will attach to, or is or shall be incurred by, the incorporators,
stockholders, officers, directors, managers, members, partners, trustees,
beneficiaries, elected or appointed officials (including, without limitation, the
Mayor and City Commissioner of the City) or employees , as such, of the
Developer, the City, or any successor or assign of any of them, under or by
reason of the obligations, covenants or agreements contained in this Agreement
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or implied therefrm; and that any and all such personal liability, either at
common law or in equity or by constitution or statute, of, and any of all such
rights and claims against, every such incorporators, stockholders, officers,
directors, managers, members, partners, trustees, beneficiaries, elected or
appointed officials (including, without limitation, the Mayor and City
Commissioner of the City) or employees, as such, or under or by reason of the
obligations, covenants or agreements contained in this Agreement or implied
therefrom are expressly waived and released as a condition of, and as
consideration for, the execution of this Agreement.
33 No Conflict of Interest. The Developer represents and warrants that no member,
official or employee of the City has any direct or indirect financial interest in this
Agreement nor has participated in any decision relating to this Agreement that
is prohibited by law. The Developer represents and warrants that no officer,
agent, employee, or representative of the City has received any payment or
other consideration for the making of this Agreement, directly or indirectly, from
the Developer.
34 No Third-Party Beneficiaries. This Agreement is not intended to, and shall not
be construed to give, any third party (including, without limitation, any
homeowners association, condominium association, or neighborhood
association in the surrounding area, or any individual members thereof) any
rights or interests whatsoever, nor is it intended that any third party shall be a
third-party beneficiary of any provisions hereof.
35 Limitations of Liability and Waiver of Consequential Damages.
a) Any tort liability to which the City is exposed under this Agreement shall
be limited to the extent permitted by applicable law and subject to the
provisions and monetary limitations of Section 768.28, Florida Statutes,
as may be amended, which statutory limitations shall be applied as if the
parties had not entered into this Agreement, and City expressly does not
waive any of its rights and immunities thereunder.
b) The City will not in any event whatsoever be liable for any injury or
damage to the Developer (unless caused by the gross negligence or
willful misconduct of the City, its agents, contractors or employees), nor
for any injury or damage to the Property (unless caused by the gross
negligence or willful misconduct of the City, its agents, contractors or
employees).
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tc) The City will not be liable to the Developer for any injury or damage to
the Property caused by or resulting from gasoline, oil, steam, gas,
electricity, or hurricane, tornado, flood, wind or similar storms or
disturbances, or water, rain or snow which may leak or flow from any
part of any property owned or maintained by the City, or leakage of
gasoline or oil from pipes, appliances, sewer or plumbing works therein
(unless caused by the gross negligence or willful misconduct of the City,
its agents, contractors or employees).
d) Except as may be otherwise expressly provided herein, no approval to
be made by the City in its proprietary capacity under this Agreement or
any inspection of the Project or Park Project by the City under this
Agreement, shall render the City liable for its failure to discover any
defects or nonconformance with any governmental requirement.
e) No member, official, elected representative or employee of the City shall
be personally liable to the Developer or any successor, assign or heir
thereof in the event of any default or breach of this Agreement by the
City or for any amount which may become due to the Developer or
successor, assign or heir thereof under this Agreement.
36 Police Power.
a) The parties recognize and agree that certain provisions of this
Agreement require the City and its boards, departments or agencies,
acting in their governmental capacity, to consider governmental actions.
All such considerations and actions shall be undertaken in accordance
with established requirements of state statutes and municipal
ordinances in the exercise of the City's jurisdiction under the police
power. Nothing contained in this Agreement shall entitle the Developer
to compel the City to take any such actions, save and except for the
execution of consents (if applicable) to the filing of applications for the
Project Zoning Approvals and Development Permits as more fully set
forth herein and to timely process such applications.
b) The parties further recognize and agree that these proceedings shall be
conducted openly, fully, freely and fairly in full accordance with law and
with both procedural and substantive due process to be accorded the
applicant and any member of the public. Nothing in this Agreement shall
be construed to prohibit the City from duly acting under its police power
33
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to approve, approve with conditions, or reject any publ* hearing
application dealing with the Property.
34
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EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting only one agreement.
Signed, sealed and delivered CITY OF MIAMI BEACH,
in the presence of: a Florida municipal corporation
By:
Print Name:
Address: Name:
Print Name: Attest:
Address: City Clerk
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE ) •
The foregoing instrument was acknowledged before me this day of
, 20J by , as City Manager of the City
of Miami Beach, a municipal corporation, on behalf of the Corporation. He is personally
known to me or has produced as identification and who did (did
not) take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
35
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TMG 67 Communities, LLC, a Delaware
limited liability company
By:
Print Name:
Address: Name:'
Print Name:
Address:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of ,
202_ by , as a , of TMG 67 Communities, LLC, a Delaware
limited liability company, on behalf of the company. He is personally known to me or has
produced as identification and who did/did not take an
oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No., if any
36
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Deauville Associates, LLC, a Florida
Limited Liability Company
By:
Print Name:
Address: Name:
Print Name:
Address:
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
202_ by , as a of Deauville Associates, LLC, a Florida limited liability company,
on behalf of the company. He is personally known to me or has produced
as identification and who did/did not take an oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No., if any
37
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TABLE OF EEHIBITS
EXHIBIT "A" - LEGAL DESCRIPTION OF DEVELOPER PROPERTY
EXHIBIT "B" - LEGAL DESCRIPTION OF GARAGE PROPERTY
EXHIBIT "C" - DETAILED MATRIX OF FLOOR AREAS
EXHIBIT "D" - LEGAL DESCRIPTION OF TRIANGLE POCKET PARK
Exhibit "E" - TEMPORARY PUBLIC PARK CONCEPT SITE PLAN
Exhibit "F" - PRIVATELY OWNED PUBLIC SPACES SITE PLAN
EXHIBIT "G" - DESCRIPTION OF PUBLIC FACILITIES
EXHIBIT "H"- DESCRIPTION OF PUBLIC RESERVATIONS
EXHIBIT "I" - DESCRIPTION OF REQUIRED DEVELOPMENT PERMITS FOR PROJECT
38
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EXHIBIT "A" — LEGAL DESCRIPTION OF DEVELOPER PROPERTY
39
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EXHIBIT "B" — LEGAL DESCRIPTION OF GARAGE PROPER
40
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EXHIBIT "C" - DETAILED MATRIX OF FLOOR AREAS
41
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EXHIBIT ""D" — LEGAL DESCRIPTION OF TRIANGLE POCKET PARK''
42
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EXHIBIT "E" - TEMPORARY PUBLIC PARK SITE PLAN
43
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EXHIBIT "F" — PRIVATELY OWNED PUBLIC SPACES SITE PLAN
44
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Ilk
EXHIBIT "G" - DESCRIPTION OF PUBLIC FACILITIES
The proposed development will be serviced by those roadway transportation
facilities currently in existence as provided by state, county, and local roadways. The
proposed development will also be serviced by public transportation facilities currently in
existence, as provided by Miami- Dade County, the City of Miami Beach, and such other
governmental entities as may presently operate public transportation services within the
City of Miami Beach. Sanitary sewer, solid waste, drainage, and potable water services for
the proposed development shall be those services currently in existence and owned or
operated by Miami-Dade County, the Miami-Dade County Water and Sewer Department,
the City of Miami Beach, and State of Florida. The proposed development shall be
serviced by those existing educational facilities owned or operated by the Miami-Dade
Public Schools District, if applicable. The proposed development shall be serviced by
those existing parks and recreational facilities owned or operated by the United States
Government within Miami Dade County, by the State of Florida, by Miami-Dade County,
and by the City of Miami Beach. The proposed development shall be serviced by those
existing health systems and facilities operated by the United States Government within
Miami-Dade County, by the State of Florida, by Miami-Dade County, and by the City of
Miami Beach.
The proposed development will also be serviced by any and all public facilities, as
such are defined in Section 163.3221(12) of the Act, that are described in the
Comprehensive Plan, specifically including those facilities described in the Infrastructure
Element and the Capital improvements Element therein, a copy of which is available for
public inspection in the offices of the City Clerk of the City of Miami Beach.
Notwithstanding the foregoing, the Project may be required to provide for some of its
own services, including solid waste removal and stormwater drainage.
45
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EXHIBIT "H" - DESCRIPTION OF PUBLIC ASERVATIONS
[All easements referenced in the Agreement]
46
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EXHIBIT "I" - DESCRIPTION OF REQUIRED DEVELOPMENT PERMITS
The following constitutes a generalized list of local permits anticipated as necessary to be
approved by the terms of this Development Agreement:
1. Design Review Board, Historic Preservation Board, Planning Board, and/or
Board of Adjustment approvals, pursuant to Chapter 2 of the City's
Resiliency Code.
2. Utility Permits
3. Demolition Permits
4. Building Permits
5. Environmental Permits
6. Hazardous Materials Removal Permit, if removal of hazardous materials is
found necessary.
7. Public Works Permit, Paving and Drainage
8. Public Works Permit, Water and Sewer
9. Public Works Revocable Permits
10. Certificates of Use and/or Occupancy
11. Any variances or waivers that may be required pursuant to the City of Miami
Beach Resiliency Code
12. All other local governmental approvals as may be applicable to the subject
property from time to time pursuant to the terms of this Development Agreement.
47
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Miami Economic
Associates . Inc.
May 20, 2025
Mr. Thomas Mooney
Planning Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Re: Deauville
Dear Mr. Mooney.
In accordance with our proposal dated April 28, 2025, which was accepted by the City of
Miami via Purchase Order 20252654, Miami Economic Associates, Inc ("MEAT") has
performed an analysis to estimate the increased value that would be realized by TMG 67
Communities LLC ('the Developer") if the City of Miami Beach Mayor and City
Commission approves an LDR amendment with respect to the North Beach Oceanfront
Overlay District with the stated purpose of creating development regulations that
incentivize developments including the partial reconstruction of contributing buildings on
certain existing lots within the North Beach Resort Local Historic District. The referenced
tots include the property on which the former Deauville Hotel was located ("the Subject
Property"). The proposed LDR amendment would increase the allowable intensity of
development on the Subject Property from FAR 3 0 to FAR 5 5 and the allowable height
of development on the Subject Property from 200 feet to 380 feet. MEAT understands in
return for the increased intensity and height, the Developer is proposing to partially
reconstruct the historic podium of the Deauville Hotel and re-interpret the hotel tower
with a 200-room structure. The Developer is also proposing: 1) to establish two public
access points from Colins Avenue to the beach: 2) to create a public park on a triangle-
shaped parcel at the intersection of 67th Street and Indian Creek Drive, and 3) to make
150 parking space available to the City of Miami Beach in the Deauville garage on the
southeast corner the intersection of 6r Street and Indian Creek Drive. Finally, it will
provide financial contributions to the proposed Byron Carlyle cultural center in the
shuttered theater and to a nearby public school.
The purpose of this letter is to provide you with the results of our analysis. The
conclusions presented in this letter are based on the professional research and analysis
of the undersigned whose personal resume accompanies this letter.
6861 S.W. 89th Terrace Miami, Florida 33156
Tel: 13051 669-0229 Fax: 18661 496-6107 Email: meainkdbellsouth.net
374 of 430
Mr. Thomas Mooney
Planning Director
City of Miami Beach
May 20, 2025
Page 2
As indicated above, the Developer's current plans for the Subject Property, which are
conceptual and subject to modification during design review and the permitting process,
envision the partial reconstruction of the historic hotel podium, which will contain public
spaces for the 200-room re-interpretated hotel that will rise above it as well as a small
museum featuring exhibits with respect to architecture and resiliency. The plans also
assume the development of two 380-foot towers containing a combined 140
condominium units. On an overall basis, the project would be developed at an intensity
of FAR 5.5, which would allow total development of 915,750 square feet, which is
416,250 more square feet than could be built at an intensity of FAR 3.0. However, it
should be noted the partially reconstructed podium will be developed under provision of
what is referred to on the conceptual plans as legislative bonus will be comprised of
166,460, which equates to an intensity of FAR 1.0. The remaining 749,290 square feet,
which equate to an intensity of FAR 4.5, would contain the towers containing the 200
proposed hotel rooms and 140 proposed condominium units. The hotel tower, which will
be comprised of approximately 230,000 FAR square feet and 256,268 FAR square feet
in the two condominium towers will be developed at a height under 200 and at a
combined intensity less than the 499,527 FAR square feet that would equate to a project
developed at an intensity of FAR 3.0. Accordingly, the remainder of this letter will focus
on the 210,538 sellable square feet that will be in the 261,732 FAR square feet that will
be located above a height of 200 feet.
The Developer estimates that the total sellable square feet contained in the 140
proposed condominium units. which total 420,000 square feet will achieve an average
price per square foot of $3,000. It claims that that figure is based on the sales at the
Perigon condominium project, which is now under construction at 5333 Collins Avenue
and in which the units are under 200 feet in height. It further estimates that the 210,538
sellable square feet above 200 feet would achieve an average price per square foot of
$3,500. Based on its own independent research._ MEAT believes the average price per
square foot at the Perigon is more likely $3,500, which would suggest that the units
proposed in the Subject Project that are above 200 feet would likely sell for an average
price approximating $4,000 per square feet, thereby producing gross sales proceeds in
the amount of$842,152,000
To estimate the value of the bonus square footage above 200 feet to the Developer, it is
necessary to estimate the cost to develop that square footage and subtract that amount
from the gross proceeds just estimated. Based on interviews with architects, contractors
and other developers, MEAT determined the total cost exclusive of the amount spent on
site acquisition to construct luxury high rise condominiums is in the range of $1,000 and
$1,300 per sellable square foot with a number of factors contributing to differences
between projects including, among other. site conditions, the specific level of quality
intended for the finished product, the existence of unusual design features, the cost of
construction financing and commission rates paid. For this analysis, we are assuming
the cost for 210,528 sellable square feet above a height of 200 feet would be $1,300 per
square foot resulting in a total cost exclusive of the amount spent on site acquisition in
the amount of S273,699,400.
Miami Economic Associates, inc. 6861 S.W. 89th Terrace Miami, Florida 33156
Tel: (305) 669-0229 Fax: (866) 496-6107 Email: meainkObellsouth.net
375 of 430
Mr. Thomas Mooney
Planning Director
City of Miami Beach
May 20, 2025
Page 3
In summary, MEAT estimates the value of the condominium square footage above 200 to
the Developer would be $568,452.600, minus the cost of the proffers discussed above.
Most prominent among them are the partial reconstruction of the historic podium and the
re-interpretation of the historic hotel, which are consistent with the stated purpose of the
proposed LDR amendment. MEAT has not been provided with an estimate of the total
cost of those proffers.
MEAT is available to respond to any questions you may have with respect to the contents
of this letter
Sincerely,
Miami Economic Associates. Inc.
Andrew Dolkart
President
Miami Economic Associates, Inc. 6861 S.W. 89th Terrace Miami, Florida 33156
Tel: (305) 669-0229 Fax: (866) 496-6107 Email: meaink@bellsouth.net
376 of 430
Andrew Dolkart
President
Miami Economic Associates, Inc.
Mr. Dolkart has provided real estate consulting services to developers, investors and
governmental entities during a period of more than 50 years. His many consulting
assignments have involved all major uses of real estate including residential, office,
retail, industrial and hotel and resort development. His professional activities have been
primarily focused on real estate projects in Florida, the Caribbean, Mexico, Central and
South America.
Throughout his consulting career, Mr. Dolkart has performed many assignments
involving market and financial feasibility analysis for all uses of real estate including
residential, office. retail, industrial and hotel projects. He also has extensive experience
analyzing destination resort projects in Florida. Arizona, New Mexico, Mexico and the
Caribbean.
Mr Dolkart is considered one of the leading experts in the State of Florida with respect
to the economics of community redevelopment and tax increment financing. In this
regard, he assisted Miami-Dade County in formulating its policies and procedures for
establishing new Community Redevelopment Districts within its jurisdiction Among the
CRA's that Mr Dolkart has consulted in recent years has been the Southeast Overtown
Park West CRA. In this regard, he assisted in the preparation of the Application for
Development Approval for Increment III of the Southeast Overtown Park West DRI and
more recently assisted the CRA in preparing an application to Miami-Dade County to
extend the life of the CRA itself. Mr. Dolkart also assisted Brightline in obtaining the
recently activated right-of-way between Cocoa Beach and Orlando and in obtaining its
financing.
In recent years, a substantial portion of Mr. Dolkart's practice has involved estimating the
fiscal and economic benefits generated by new real estate projects. In this regard, he
has done several engagements for Brightline. He has also worked on a proposed hotel
adjacent to the recently renovated and expanded Miami Beach Convention Center and
numerous privately developed multi-family, mixed-use and industrial projects throughout
South Florida.
Mr. Dolkart has also worked extensively for both public and private sector clients on
issues relating to the provision of affordable housing. He chaired two task forces
appointed by the Miami-Dade County Board of County Commissioners to address issues
relating to affordable housing
Mr. Dolkart is a graduate of Harvard College and received an MBA from Harvard
Business School. He has served as a member of the Board of Directors of Habitat for
Miami of Greater Miami and the Ransom Everglades School.
377 of 430
Andrew Dolkart
Page 2
Education:
1963 — 1967 Harvard College - Bachelor of Arts. Cum Laude
1967 - 1969 Harvard Business School - Master of Business Administration
Previous Positions:
1991 — 1995 Kenneth Leventhal & Company - Director, Real Estate Advisory Services
Florida/Caribbean
1988 — 1990 Laventhol & Horwath - Director, Real Estate Advisory Services
Florida/Caribbean
1986 — 1988 GA/Partners - Vice President in Charge Florida Office
1983 — 1986 Gulfstream Land & Development Corp. - Director, Commercial
Development
1980 — 1983 Laventhol & Horwath - Director, Real Estate Advisory Services
Florida/Caribbean
1976 - 1980 Jandy, Inc. Owner/President
1972 — 1976 Gladstone Associates - Senior Associate
1969 — 1972 U. S. Navy - Commissioned Officer Office of Legislative Affairs
378 of 430
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