Daily Business Review 3/23/15
In the latest filing, Herbits’ attorney, Sam Dubbin of Dubbin & Kravetz in Coral Gables, plays up the significance of documents the city handed over March 5. The lease “required the developer have all permits in play and commence actual construction on or before June 2, 2014,” according to the emergency motion.
In the past, the city has said the developer complied with that portion of the lease by conducting preliminary construction-related activities, such as taking photographs of the sea grass that will be affected by the project. City officials have also publicly stated the developer’s activities late last year did not require a building permit.
Since the permit was pulled in August, that shows Flagstone needed a permit to “commence actual construction,” did not obtain it in time and violated the lease, the motion claims.