Resolution 2025-33805 2025-33805
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AMENDMENT NO. 1 (AMENDMENT) TO THAT CERTAIN SETTLEMENT
AGREEMENT DATED MAY 15, 2025 BETWEEN, ON THE ONE HAND,
TMG 67 COMMUNITIES, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, DEAUVILLE ASSOCIATES, LLC, A FLORIDA LIMITED
LIABILITY COMPANY, DEAUVILLE HOTEL PROPERTY, LLC, A
FLORIDA LIMITED LIABILITY COMPANY, AND DEAUVILLE HOTEL
HOLDINGS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND, ON
THE OTHER HAND, THE CITY OF MIAMI BEACH; AND AUTHORIZING
THE CITY MANAGER TO FINALIZE THE AMENDMENT; AND FURTHER,
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE AMENDMENT.
WHEREAS, on April 23, 2025, the Mayor and City Commission adopted
Resolution No. 2025-33634 approving a settlement agreement (the "Agreement")
between, on the one hand, the City of Miami Beach, and on the other hand, the Deauville
Parties, consisting of TMG 67 Communities, LLC, a Delaware limited liability company,
Deauville Associates, LLC, a Florida limited liability company, Deauville Hotel Property,
LLC, a Florida limited liability company, and Deauville Hotel Holdings, LLC, a Florida
limited liability company, pursuant to which (1) the Deauville Parties agreed to pay to the
City all amounts then due in respect of certain violations against the properties located at
6701 Collins Avenue (the "Hotel Property") and 6625 Indian Creek Drive (the "Garage
Property") as specified in the Settlement Agreement, (2)the City and the Deauville parties
agreed to dismiss their respective claims in the lawsuit styled City of Miami Beach vs.
Deauville Associates, LLC, et al., Case No. 2019-003653, and (3) the Deauville Parties
agreed to file a Notice of Voluntary Dismissal of the appeal styled Deauville Associates,
LLC vs. the City of Miami Beach, Case No, 2024-66-AP-01; and
WHEREAS, at the April 23, 2025 meeting, Commissioner David Suarez made a
motion to direct the Administration to negotiate an amendment to the Agreement to
require that the date for compliance by the Deauville Parties with the violations of Section
7.5.1.6 of the Resiliency Code and Section 14.501 of the City Code (the "Failure to Install
Sod Violations") be cured prior to the compliance date of December 31 , 2025 included in
the approved Settlement Agreement; and
WHEREAS, Commissioner Suarez's motion also directed that the amendment to
the Agreement require the Hotel Property to be brought into a park-like appearance and
that the public be allowed access to the Hotel Property before the commencement of
construction; and
WHEREAS, Commissioner Suarez's April 23, 2025 motion, which was adopted by
the Mayor and City Commission, required the approval of the Amendment prior to
adoption of the contemplated Comprehensive Plan and Land Development Regulation
amendments related to the Hotel Property; and
WHEREAS, the City Administration and the Deauville Parties have negotiated an
amendment to the Agreement for the approval of the City Commission ("Amendment No.
1"), a copy of which is attached to this Resolution; and
WHEREAS, the Deauville Parties have agreed, in Amendment No. 1, to a
compliance date of October 1, 2025 for the Failure to Install Sod Violations and further,
have agreed to provide for a temporary public open space use on a portion of the Hotel
Property, consistent with the site plan attached as Exhibit C to Amendment 1 , for the time
period during which the Owners seek the required development approvals for
development of the Hotel Property and terminating upon issuance of a building permit in
furtherance of development of the Hotel Property; and
WHEREAS, the Mayor and City Commission desire to approve Amendment No. 1
substantially in the form attached to this Resolution.
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, in substantial form, Amendment No. 1 (the "Amendment")
to that certain Settlement Agreement dated May 15, 2025 between, on the one hand,
TMG 67 Communities, LLC, a Delaware limited liability company, Deauville Associates,
LLC, a Florida limited liability company, Deauville Hotel Property, LLC, a Florida limited
liability company, and Deauville Hotel Holdings, LLC, a Florida limited liability company,
and, on the other hand, the City of Miami Beach; and authorize the City Manager to
finalize the Amendment; and further, authorize the City Manager and City Clerk to execute
the Amendment.
PASSED and ADOPTED this 017 day of uh� , 2025.
ATTEST:
jut. 0 2 2025 Steven Meiner, Mayor
f R E. ranado, City Clerk
REGIS BARBOU INCOAP OFAiED'
' cH'26 APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
f ie(avas
ity Attorney Date
Amendment No. 1 - 6/17/25
AMENDED NO. 1 TO SETTLEMENT AGREEMENT
THIS AMENDMENT NO. 1 TO SETTLEMENT AGREEMENT ("Agreement") is made and
entered on this day of , 2025, between, on the one hand, TMG 67
Communities, LLC, a Delaware Limited Liability Company("TMG"), Deauville Associates,
LLC, a Florida Limited Liability Company ("DALLC"), Deauville Hotel Property, LLC, a Florida
limited liability company ("DHP"), and Deauville Hotel Holdings, LLC, a Florida limited
liability company ("DHH and together with DALLC and DHP, the "Deauville Entities", and
the Deauville Entities together with TMG ,jointly and severally, the "Owners"), and, on the
other hand, the City of Miami Beach, a Florida municipal corporation (the "City"). The
parties hereto (the "Parties") agree as follows:
RECITALS
WHEREAS, TMG and DALLC entered into a settlement agreement with the City approved
by the City Commission pursuant to Resolution No. 2025-33634, passed and adopted on
April 23, 2025 (the "Settlement"); and
WHEREAS, the Hotel Property, as defined in the Settlement, remains the subject of a Code
violation issued following the demolition associated with the Owners' failure to plant sod
as required by Code section 14-501 (initially issued pursuant to Code section 126-6, but
revised on April 15, 2025 to reflect the correct Code section), assigned violation number
BVB25002614, (the "Failure to Install Sod Violation"); and
WHEREAS, the parties seek to amend the Settlement as set forth herein to provide for a
deadline for compliance of the Failure to Install Sod Violation and temporary public access
to portions of the Hotel Property.
NOW,THEREFORE, in consideration of the terms and mutual covenants contained herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Owners and the City, intending to be legally bound, amend the Settlement
as follows:
D. Terms of Agreement. In connection with parties' mutual execution of this Agreement
and the covenants and terms herein Owners and the City agree to amend the
Settlement as follows:
1. Article VIII of the Settlement Agreement is hereby removed in its entirety and
replaced with the following:
1
Amendment No. 1 — 6/17/25
VIII. Uncured Violations at Hotel Property. The Failure to Install Sod
Violation remains open and Owners shall remain liable for curing the
Failure to Install Sod Violation and any fines that may accrue. Within five
(5) business days of obtaining an affidavit of compliance and payment in
full of any then outstanding fines and interest with respect to the Failure
to Install Sod Violation, the City shall record a release of lien with respect
to the Failure to Install Sod Violation. The City acknowledges that the
Owners have commenced to cure the Failure to Install Sod Violation, and
the Owners agree to diligently pursue the cure of these violations to
ensure they have been completed by or before October 1, 2025.
2. The following is hereby inserted into the Settlement as Article IX:
IX. Temporary Public Open Space. The Owners shall enter into a
development agreement with the City providing for a temporary public
open space use on a portion of the Hotel Property consistent with the
attached Exhibit C, for the time period during which the Owners seek the
required development approvals for development of the Hotel Property
and terminating upon issuance of a building permit in furtherance of
development of the Property. The Development Agreement shall provide
that: (a) the Owners improve the Hotel Property with irrigation and
lighting sufficient to bring the Property into a park-like condition; (b) the
Owners provide public access to a portion of the improved park area from
sunrise to sunset.
2
Amendment No. 1 — 6/17/25
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to Agreement to be executed in a manner sufficient to bind them on the day and year
identified below.
Signed, sealed, and delivered before me:
THE CITY OF MIAMI BEACH, FLORIDA, a Florida
municipal corporation
By:
Eric T. Carpenter, City Manager
Date:
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM:
Ricardo J. Dopico, City Attorney
3
Amendment No. 1 — 6/17/25
WITNESSES TMG 67 Communities, LLC a Delaware
Limited Liability Company,
By:
Print Name: Name:
Its:
Print Name: Date:
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn and subscribed before me by means of [ [
physical presence or [] online notarization this_ day of , 2025 by
, as of TMG 67 Communities LLC, on behalf of
said entity. Said person (check one) ( ) is personally known to me or ( ) produced
as identification.
NOTARY PUBLIC, State of Florida at Large.
Print or Stamp Name:
Commission No.:
My Commission expires:
4
Amendment No. 1 — 6/17/25
Deauville Associates, LLC a Florida
WITNESSES Limited Liability Company,
By:
Name:
Print Name:
Its:
Date:
Print Name:
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE)
The foregoing instrument was sworn and subscribed before me by means of [ ]
physical presence or [] online notarization this day of , 2025 by
, as of Deauville Associates, LLC, on behalf of
said entity. Said person (check one) ( ) is personally known to me or ( ) produced
as identification.
NOTARY PUBLIC, State of Florida at Large.
Print or Stamp Name:
Commission No.:
My Commission expires:
5
Amendment No. 1 — 6/17/25
Deauville Hotel Property, LLC a Florida
WITNESSES Limited Liability Company,
By:
Name:
Print Name:
Its:
Date:
Print Name:
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn and subscribed before me by means of [ ]
physical presence or [ ] online notarization this day of , 2025 by
, as of Deauville Associates, LLC, on behalf of
said entity. Said person (check one) ( ) is personally known to me or ( ) produced
as identification.
NOTARY PUBLIC, State of Florida at Large.
Print or Stamp Name:
Commission No.:
My Commission expires:
6
Amendment No. 1 — 6/17/25
Deauville Hotel Holdings, LLC a Florida
WITNESSES Limited Liability Company,
By:
Name:
Print Name:
Its:
Date:
Print Name:
7
Amendment No. 1 — 6/17/25
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn and subscribed before me by means of [ ]
physical presence or [] online notarization this day of , 2025 by
, as of Deauville Associates, LLC, on behalf of
said entity. Said person (check one) ( ) is personally known to me or ( ) produced
as identification.
NOTARY PUBLIC, State of Florida at Large.
Print or Stamp Name:
Commission No.:
My Commission expires:
8
Resolutions - R7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: June 27, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT
NO. 1 (AMENDMENT) TO THAT CERTAIN SETTLEMENT AGREEMENT DATED
MAY 15, 2025 BETWEEN, ON THE ONE HAND, TMG 67 COMMUNITIES, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, DEAUVILLE ASSOCIATES, LLC, A
FLORIDA LIMITED LIABILITY COMPANY, DEAUVILLE HOTEL PROPERTY, LLC,
A FLORIDA LIMITED LIABILITY COMPANY, AND DEAUVILLE HOTEL HOLDINGS,
LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND, ON THE OTHER HAND,
THE CITY OF MIAMI BEACH; AND AUTHORIZING THE CITY MANAGER TO
FINALIZE THE AMENDMENT; AND FURTHER, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE AMENDMENT.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
Amendment No. 1 to the Settlement Agreement between the City and the Deauville parties is
submitted for approval by the Mayor and City Commission.
FISCAL IMPACT STATEMENT
N/A
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/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
385 of 430
Applicable Area
Citywide
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?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Co-sponsor(s)
Condensed Title
Approve Amendment 1 to Deauville Settlement Agreement. CA
Previous Action (For City Clerk Use Only)
Continue from 6/25/2025 - R7 D
386 of 430
Amendment No. 1 - 6/17/25
AMENDED NO. 1 TO SETTLEMENT AGREEMENT
THIS AMENDMENT NO. 1 TO SETTLEMENT AGREEMENT ("Agreement") is made and
entered on this day of , 2025, between, on the one hand, TMG 67
Communities, LLC, a Delaware Limited Liability Company ("TMG"), Deauville Associates,
LLC, a Florida Limited Liability Company ("DALLC"), Deauville Hotel Property, LLC, a Florida
limited liability company ("DHP"), and Deauville Hotel Holdings, LLC, a Florida limited
liability company ("DHH and together with DALLC and DHP, the "Deauville Entities", and
the Deauville Entities together with TMG ,jointly and severally, the "Owners"), and, on the
other hand, the City of Miami Beach, a Florida municipal corporation (the "City"). The
parties hereto (the "Parties") agree as follows:
RECITALS
WHEREAS, TMG and DALLC entered into a settlement agreement with the City approved
by the City Commission pursuant to Resolution No. 2025-33634, passed and adopted on
April 23, 2025 (the "Settlement"); and
WHEREAS, the Hotel Property, as defined in the Settlement, remains the subject of a Code
violation issued following the demolition associated with the Owners' failure to plant sod
as required by Code section 14-501 (initially issued pursuant to Code section 126-6, but
revised on April 15, 2025 to reflect the correct Code section), assigned violation number
BVB25002614, (the "Failure to Install Sod Violation"); and
WHEREAS, the parties seek to amend the Settlement as set forth herein to provide for a
deadline for compliance of the Failure to Install Sod Violation and temporary public access
to portions of the Hotel Property.
NOW, THEREFORE, in consideration of the terms and mutual covenants contained herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Owners and the City, intending to be legally bound, amend the Settlement
as follows:
D. Terms of Agreement. In connection with parties' mutual execution of this Agreement
and the covenants and terms herein Owners and the City agree to amend the
Settlement as follows:
1. Article VIII of the Settlement Agreement is hereby removed in its entirety and
replaced with the following:
1
389 of 430
Amendment No. 1 — 6/17/25
VIII. Uncured Violations at Hotel Property. The Failure to Install Sod
Violation remains open and Owners shall remain liable for curing the
Failure to Install Sod Violation and any fines that may accrue. Within five
(5) business days of obtaining an affidavit of compliance and payment in
full of any then outstanding fines and interest with respect to the Failure
to Install Sod Violation, the City shall record a release of lien with respect
to the Failure to Install Sod Violation. The City acknowledges that the
Owners have commenced to cure the Failure to Install Sod Violation, and
the Owners agree to diligently pursue the cure of these violations to
ensure they have been completed by or before October 1, 2025.
2. The following is hereby inserted into the Settlement as Article IX:
IX. Temporary Public Open Space. The Owners shall enter into a
development agreement with the City providing for a temporary public
open space use on a portion of the Hotel Property consistent with the
attached Exhibit C, for the time period during which the Owners seek the
required development approvals for development of the Hotel Property
and terminating upon issuance of a building permit in furtherance of
development of the Property. The Development Agreement shall provide
that: (a) the Owners improve the Hotel Property with irrigation and
lighting sufficient to bring the Property into a park-like condition; (b) the
Owners provide public access to a portion of the improved park area from
sunrise to sunset.
2
390 of 430
Amendment No. 1 - 6/17/25
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to Agreement to be executed in a manner sufficient to bind them on the day and year
identified below.
Signed, sealed, and delivered before me:
THE CITY OF MIAMI BEACH, FLORIDA, a Florida
municipal corporation
By:
Eric T. Carpenter, City Manager
Date:
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM:
Ricardo J. Dopico, City Attorney
3
391 of 430
Amendment No. 1 — 6/17/25
WITNESSES TMG 67 Communities, LLC a Delaware
Limited Liability Company,
By:
Print Name: Name:
Its:
Print Name: Date:
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE)
The foregoing instrument was sworn and subscribed before me by means of [ ]
physical presence or [ j online notarization this day of , 2025 by
as of TMG 67 Communities LLC, on behalf of
said entity. Said person (check one) ( ) is personally known to me or ( ) produced
as identification.
NOTARY PUBLIC, State of Florida at Large.
Print or Stamp Name:
Commission No.:
My Commission expires:
4
392 of 430
Amendment No. 1 - 6/17/25
qeauville Associates, LLC a Florida
WITNESSES Linited Liability Company,
By:
Name:
Print Name:
Its:
Date:
Print Name:
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn and subscribed before me by means of [ ]
physical presence or [ ] online notarization this day of , 2025 by
, as of Deauville Associates, LLC, on behalf of
said entity. Said person (check one) ( ) is personally known to me or ( ) produced
as identification.
NOTARY PUBLIC, State of Florida at Large.
Print or Stamp Name:
Commission No.:
My Commission expires:
5
393 of 430
Amendment No. 1 - 6/17/25
Deauville Hotel Property,LLC a Florida
WITNESSES Limited Liability Company,
By:
Name:
Print Name:
Its:
Date:
Print Name:
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn and subscribed before me by means of [ ]
physical presence or [] online notarization this day of , 2025 by
, as of Deauville Associates, LLC, on behalf of
said entity. Said person (check one) ( ) is personally known to me or ( ) produced
as identification.
NOTARY PUBLIC, State of Florida at Large.
Print or Stamp Name:
Commission No.:
My Commission expires:
6
394 of 430
Amendment No. 1 - 6/17/25
Deauville Hotel Holdings, LLC a Florida
WITNESSES Limited Liability Company,
By:
Name:
Print Name:
Its:
Date:
Print Name:
7
395 of 430
Amendment No. 1 - 6/17/25
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn and subscribed before me by means of I J
physical presence or [ J online notarization this day of , 2025 by
, as of Deauville Associates, LLC, on behalf of
said entity. Said person (check one) ( ) is personally known to me or ( ) produced
as identification.
NOTARY PUBLIC, State of Florida at Large.
Print or Stamp Name:
Commission No.:
My Commission expires:
8
396 of 430
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