Bercow Radell Fernandez Larkin & Tapanes

Chairman and Managing Partner: Jeffrey Bercow

Executive Partner: Melissa Tapanes Llahues

Number of partners: 4, plus 6 non-equity

Number of lawyers: 15

Languages: English, Spanish

Firm Overview:

Bercow Radell Fernandez Larkin & Tapanes (BRFL&T) stands as the go-to law firm for institutions, developers, real estate investors and property owners in South Florida. Specializing in land use, zoning, and environmental matters, our distinction extends to the adept management of intricate and politically sensitive legislative and quasi-judicial affairs—from the initial stages of due diligence to the culmination of construction in development.

Main Areas of Practice:

Land Use and Zoning:

The firm counsels clients and design professionals in identifying issues, preparing applications, negotiating with stakeholders, processing and presenting applications before local government boards. Recent representations are summarized below.

Environmental:

Firm attorneys represent the interests of property owners, commercial enterprises, industrial users, waste management companies and rock quarrying businesses in environmental permitting and compliance, variances and exemptions, wetlands determination and mitigation, brownfields and severable use rights.

■ Adler Development Group and 13th Floor Investments formed a joint venture to redevelop the 7.5 acres of land surrounding the Douglas Road Metrorail Station. We represented the JV during the competitive bidding process, in which the JV proposed a multiphased, long term buildout of the property as a vertically integrated mixed-use project, with approximately 50,000 to 75,000 square feet of ground floor retail, a 200-room hotel, approximately 1,750 residential units, and a 300,000 square foot office building. We obtained approval of an application to amend the County’s comprehensive plan to double the allowed residential units for the property and permit construction at greater heights, as well as site plan approval for the project’s first 2 residential towers with approximately 720 units and 25,000 s.f. of commercial space. The firm is currently working on the second phase of project development.

■ Nomade Lido, LLC, retained our services in connection with zoning due diligence for their $62,000,000.00 purchase of the iconic Standard Hotel property on the north side of Belle Isle in Miami Beach. The Standard hotel property is a 2.3-acre waterfront property in the exclusive Venetian Isles neighborhood of Miami Beach that is developed with a legally nonconforming 105-key hotel. Developed in the 1950’s as the Monterrey Motel, the original hotel structures were designed by Normal Giller, one of the founders of Miami Modern (MiMo) architectural style. Today, the Standard Hotel is an exclusive boutique hotel that was rated as one of top hotels in the country by the 2022 Tripadvisor Travelers’ Choice Awards.

■ JDS Development Group is in a public private partnership with the City of Miami to redevelop 3.4 acres of land, known as Block 85, located within the City’s West Brickell neighborhood and within the Miami-Dade County Rapid Transit Zone Brickell Subzone. We crafted, negotiated and represented JDS in the City Commission approval of a Public Benefit Agreement providing for the acquisition of City-owned land to accommodate a mixed-use development, construction of a new state of art fire station, and transfer of development rights from a City-owned municipal park. We successfully handled a public hearing application before the Miami-Dade Board of County Commissioners for a mixed-use project conceived as a new urban gateway to the Brickell Metropolitan Urban Center and known as “1 Southside Park”, which will bring together market-defining residential (1,175 units), office (200,000 sf), event and wellness spaces (100,000 sf); a world-class hotel with food and beverage outlets (200 keys); City of Miami Fire Station No. 4 (32,000 sf), and a reinvigorated Southside Park with a direct a connection to the Underline’s Brickell Backyard and Brickell Transit Station.

■ This law firm represents 100 Biscayne LLC, the owner of 130 Biscayne Boulevard; 146 Biscayne Owner LLC, the owner of 146 Biscayne Boulevard; and 141 NE Third LLC, the owner of 141 NE 3 Avenue. These properties directly front Bayfront Park and are conveniently located within a five-minute walk of two MetroMover Stations.

■ Downtown Retail Associates, LLC / Block 55 Owner, LLC, purchased land from the City of Miami’s Southeast Overtown Park West Community Redevelopment Agency to develop the property with a mixed-use, Affordable Housing project. The project is eighteen (18) stories and will include 578 Affordable Housing residential units, and approximately 350,000 square feet square feet of retail, restaurant and other commercial uses. The project will provide much-needed Affordable Housing, employment opportunities, access to transit, and affordable retail options for the surrounding community, along with improvements to an abutting City right of way, known as Sawyer’s Walk, which will be improved as a pedestrian promenade and community gathering space. We assisted with the preparation of a Development Agreement and Purchase and Sale Agreement with the CRA, and obtained site plan approval for the project from the City of Miami.

■ The Ritz Carlton South Beach and Sagamore hotels, situated on Collins Avenue at Lincoln Road in Miami Beach, are under the representation of our ownership. Having secured approvals from the City, our owners are embarking on a significant endeavor encompassing the extensive renovation and restoration of the Sagamore Hotel. Additionally, they plan to introduce a new residential building to the site, ultimately shaping a unified Ritz Carlton South Beach.

■ D.R. Horton: On land located between the City of Homestead’s newly intensified Downtown and single-family subdivisions characteristic of the area, we are assisting D.R. Horton in developing a new live-work community unseen in South Miami-Dade County. Sandero Landing is proposed to be a 97-acre community with a mix of residential, commercial, and recreational uses permitting future residents to live, work, play and shop in one place, with particular focus on wellness, pedestrian connectivity and mobility opportunities. This project brings to South Miami-Dade design and planning elements previously only seen in urban cities like Coral Gables and Doral, while serving as an ideal buffer between the soon-to-be redeveloped Downtown and rapid transit area to the northwest and the already established single-family homes to the southeast. Sandero Landing features a mix of two and three-story townhome units at the project’s core, approximately 195,000 sq. ft. of commercial uses with residential above along its principle frontage to the south, and live-work units as a buffer. The project will have a total 1,100 residential units and will feature more than 20 acres of green space and nearly 5 acres of new water features.

■ In 2021, Sobe 18, LLC procured the vacant, trinagular parcel located at 1790 Alton Road in Miami Beach, in order to develop a small boutique hotel on the site. Shortly after this acquisition, the City of Miami Beach proposed and adopted a prohibition on new hotels in the Sunset Harbour neighborhood, where the property is located. Upon the adoption of this amendment, our office worked with co-counsel on a claim against the City to address the potential damages incurred by Sobe 18. Ultimately, the claim was settled by the City Commission’s adoption of a code amendment that would permit an enhancement of the restaurant uses on the property, including additional hours of operation and rooftop occupancy. The modified project would also include several luxury residential units which could be rented on a short-term basis.

■ Our representation extends to OSIB Miami Beach Properties, LLC, the proprietors of the groundbreaking first citizenM hotel in Miami Beach. Nestled within the esteemed "1212 Lincoln" development on the west side of Alton Road, between 16th Street and Lincoln Road, this avant-garde hotel is poised to redefine the hospitality landscape in the city. citizenM, known for its innovative approach to accommodation, is rapidly advancing towards the completion of this distinctive establishment, slated to join the ranks of the brand's successful Brickell and Miami Worldcenter locations in 2024.

■ The "Live Local Act," recently enacted in Florida, aims to incentivize the development of affordable housing through a series of bold new policies at both the state and local levels. The Act offers a tailored approach to increasing the inventory of affordable and workforce housing in the state, making previously infeasible projects economically viable. This is achieved through provisions that address density, height, and tax benefits.

■ As a consequence of unannounced internal policy changes and a series of ordinances intended to ensure strict enforcement of Unsafe Structure Violations, nearly 2,000 properties in the City of Miami were condemned for demolition. Thousands more properties have been cited for Unsafe Structure Violations stemming from non-compliance with deadlines to obtain 40/50 Year Recertifications, work performed without building permits, or general unsafe conditions. Our firm has played a crucial role in assisting property owners with navigating the new strict enforcement regime, saving multiple properties from demolition and assisting owners with achieving compliance.

Clients:

The firm’s clients include: Adler Development; Aligned Real Estate Investment; Atlantic Civil; Berkowitz Development Group; Cornerstone Group; Crescent Heights; Florida East Coast Properties; Florida International University; Integra International; JMH; JDS Development Group; D.R. Horton; Miami Dade College; Ladder Capital; Landmark Companies; Lennar Homes; Leon Medical Centers; Marriott International; Panattoni Development Company; Swerdlow Group; Terra Group; 13th Floor Investments; TriStar Capital; Turnberry Associates; Urbin LC; Whole Foods Market; Woolbright Development.

Firm Contact:

Contact: Andreina Espina

Tel: 786-363-2761

Email: [email protected]

Contact: Evelyn Cedron

Tel: 786-363-2769

Email: [email protected]