10/05/2026
Attention Residents: October 7 City Hall
*Vital issues will be voted on*
Whether or not to allow high rises all along the low rise section of our beach, along with specifics in the deal for a developer to build a high rise on our public community center land. From what we understand, details of this agreement have gotten much worse for the public, and more in favor of the developer.
Share your concerns with the people who were ELECTED TO SERVE OUR RESIDENTS via email: [email protected]
And come speak up in person THIS WEDNESDAY at 3pm at City Hall
Let’s be smart about development. Let’s not turn Hollywood into Sunny Isles.
Oct 7th City Commission Meeting. 1301 S Ocean Drive is on the agenda.
SUMMARY OF PRINCIPAL CHANGES by Abrams Law Firm:
Recitals and structure: New Recitals G through I reference the 2022 Original Comprehensive Agreement and Original Ground Lease (R-2022-037) and the May 20, 2026 First Amendment (R-2026-165) increasing the Private Facilities from 190 to 210 units (126 market-rate, 84 affordable rental). Term Sheet references are deleted. Tenant is now described as the LLC "and/or" a Related Group Affiliate. The 99-year leasehold now covers the Private Facilities and the Sculpture Park.
Rent: Anticipated Base Rent drops from $400,000 (190 units / 470,950 sf) to $297,500 (126 units / 350,000 sf), and Live Local Act Unit square footage is excluded from Base Rent while the Live Local Act Declaration is in effect. Minimum Rent increases from $35,000,000 to $45,000,000. Initial Rent ($10,000,000) is now reduced by any Prepossession Rent as well as the CBRE Commission. Closing Rent (14%) and the Resale Fee now reach the sale and resale of the Live Local Act Unit as a block. Live Local Act: New definitions and new Section 2.4(e) require at least 40% of units to be Live Local Act Units (80% to 120% AMI), held by a single Live Local Owner as one block, under a recorded 30-year Declaration that is not subordinate to any mortgage. Adds the Section 196.1978(3) tax exemption (up to 75%), a workforce-housing maintenance standard (new 6.1(c)), and a permitted transfer of the Live Local Act Unit to a single Qualified Purchaser on 30 days' notice (Article 18).
Parking: The Parking Garage and approximately 158 Public Parking Spaces under an exclusive City easement are deleted. They are replaced by a Private Parking Garage with 79 City Spaces
on the second floor, usable by the City only for special events, valet only, with City-provided valet, City-retained revenue, two weeks' notice, and a City indemnity subject to Section 768.28.
Public Facilities: The public restaurant (Restaurant Space, Section 2.and Plaza Areas definition are deleted. Harry Berry Park renovation is added with a new Section 8.4 addressing LWCF/NPS approvals, Tenant reimbursement of the $297,827.25 Park Funding Amount, an 18-month fallback to Permitted Park Work, and a full release if that work is also denied. The Sculpture Park and an Artwork Agreement with the Perez family are added. The Easements provision (Section 8.3) is deleted.
Maintenance and risk allocation: Landlord now maintains the balance of the Public Facilities (previously Tenant, with City-paid janitorial). Tenant maintains the Private Facilities, Private Parking Garage, City Spaces, and Sculpture Park. New Section 8.1(d) requires Tenant to rebuild the community center if the Lease ends after demolition but before the replacement is complete. Tenant now indemnifies Landlord for remediation of Unforeseen Conditions.
Construction Exhibit: The $500/day liquidated damages for late Substantial Completion of the Public Facilities are deleted, along with the related condition on Delayed Completion Damages.
Insurance (now Exhibit G): CGL drops from $50M per occurrence to $10M/$10M. Auto rises from $1M to $2M. Employers liability drops from $1M to $500K. Professional liability ($5M plus $10M OPPI) becomes $3M. Pollution drops from $5M to $2M. Builders risk, on-going property, and business interruption are rewritten, and the post-construction CGL and fidelity bond requirements are removed. Coverage must be project-specific and may be carried by the general contractor.
Other: The City review period for the Condominium Declaration goes from 10 to 15 Business Days. Notice parties are updated (Raelin Storey, City Manager; Damaris Henlon, City Attorney). Exhibits are re-lettered (new B-1 Harry Berry Park plans and F City Spaces Plan; insurance moves to G; memorandum form to H).
Possible drafting issues in the 2026 draft: cross-reference to "Section 2.100" (likely 2.10); "subsection (A)" in 8.4(b) (likely (a)); notice items numbered (1), (2), (3), (iv) in Article 18; "dTenant" and "provided the by the" in Exhibit G; $ sign missing on the valet CGL limit; Landlord second-witness signature line still dated 2022.
