Ord. No. 35-01-1766ORDINANCE NO.35-01-1766
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
CONTRACTS;APPROVING A LEASE AGREEMENT BETWEEN THE
CITY AND MARK RICHMAN PROPERTIES,INC.,FOR THE
GRANTING OF AIR RIGHTS ABOVE MRP PROPERTY TO THE
CITY,THE LEASE BY MRP OF CERTAIN CITY PROPERTY AND
THE CO-DEVELOPMENT OF A PARKING STRUCTURE PROJECT
AT SW 73 STREET BETWEEN SW 58 COURT AND 58 AVENUE;
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.
WHEREAS,the City of South Miami is the owner of property located at S.W.73rd
Street onthe south,S.W.58th Avenue on the east,S.W.58th Court on the west and an
alleyway onthe north,which iscurrentlyusedforsurfaceparking;and,
WHEREAS,theMayorandCity Commission,desiringtodevelopa multi-use
parkingfacilityontheproperty,issueda Request forProposalsonJune20,1997;and,
WHEREAS,theresponse by SPG Phase One,Ltd.wasselected by theMayorand
CityCommission,thepartiesengagedinextensivenegotiationsoverthetermsand
conditions of theagreementfortheconstructionand management of theparkingfacility,
andthe City approvedaleaseagreement between theCityandSPG;and,
WHEREAS,thelease agreement allowsSPGtoassigntheleasetoMark
Richmond Properties,Inc.andtheCityhasre-negotiatedtheleasetoprovidethatMRP
willdeedtheairrightsoveritspropertytotheCity,theCitywillleaseadditionalground
spacetoMRPforretailuse,andthepartieswill co-develop aparkingstructureonthe
property;and,
WHEREAS,thisleaseagreementwillbesubjecttoapproval by theCity of
applications for development approval of theproperty,suchasspecialexceptions,
funding of the development by the Florida MunicipalLoanCouncilorotherlender
acceptabletotheCity,adetermination of crecbt-worthiness of Mr.Richmond in
connection with anyprivate guarantee forrepayment of fundsborrowed by theCity,and
delivery of arelease of liability by SPGanditsprincipals;and,
WHEREAS,theMayorandCity Commission have determined thatitisinthe
bestsinterests of theCity of SouthMiamitoenterintotheproposedAgreement.
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Additions shown by underlininganddeletionsshownby ovcrstriking.
NOW,THEREFORE,BEIT ORDAINED BY THE MAYOR ANDCITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section1.TheLeaseAgreementbetweentheCity of SouthMiamiandMark
RichmanProperties,Inc,datedNovember,2001,whichisannexedtothisordinance,
is approved;provided,however,this lease,thelease between theCityandSPG Phase I,
theassignment of theSPGPhaseIleasetoMRPProperties,Inc.andthereleaseofclaims
bySPGPhaseIshallbedeliveredsimultaneouslyataclosing of thistransaction.
Section 2.TheCityManagerisauthorizedtoexecutetheAgreementon behalf
of theCity of SouthMiami.
Section3.If anysection,clause,sentence,orphrase of thisordinanceisforany
reasonheldinvalidorunconstitutionalbyacourtofcompetent jurisdiction,theholding
shallnot affect the validity of theremainingportions of this ordinance.
Section 4.All ordinances orparts of ordinances in conflict withtheprovisions
of this ordinance are repealed.
Section 5.This ordinance shalltakeeffect immediately uponapproved.
PASSEDAND ADOPTED this20_day of November ,20qi.
ATTEST:
CITY CLERK
1st Reading-Nov.6,2001
2nd Reading -Nov.20,2001 (as amended)
READ AND APPROVED AS TO FORM
^/&.(b^Jty
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Wiscombe:Yea
Commissioner Bethel:Yea
Commissioner Russell:Yea
Page 2 of 2
Additionsshownbyunderlininganddeletionsshownby ovorstriking.
PROPOSED LEASE SUMMARY i^AiU }^J
1.Tenant:MarkRichmanProperties("MRP")
2.Landlord:City of SouthMiami
3.Guarantor:MarkRichman(seeparagraph 10)
4.Demised Premises:
(a)The municipal parking lot located at S.W.73rd Street,S.W.58th Avenue,
and S.W.58l Court together with the air rights over the Mark Richman Property located
at the corner of S.W.73rd Street and S.W.58th Court,in the City of South Miami.
(b)Permitted use:mixed use retail and parking garage building.
5.Air Rights:MRPwilldeedtheairrightstothe City.
6.Assignment from SPG:SPG under the lease agreement with the City
specifically reserved the right to assign the Project to MRP.MRPshallobtaina formal
assignmenttodeveloptheProjectfromSPG.
7.Release:MRP will secure a general release from SPG releasing the City from
any and all causes of action,claims,demands or alleged damages arising from or related
to the Request for Proposal issued by the City of South Miami.A copy of the Release
language is attached.
8.TaxAbatement:During the lease term,theCityshallabateitsshareofthead
valorem taxes assessed against the 11,345 square feet of retail to be located on the City's
property.
9.Lease Agreement with MRP:MRP proposes to enter into a lease agreement
withtheCity.
A.Initial Term.The initial term ofthe lease agreement with Richman
Properties will be for 50 years.There isno renewal option.
B.Ownership of the Building.The City of South Miami owns the parking
structure;including theair rights over the Richman Property.
C Alleyway Considerations.The proposed Project as reconfigured should
not impact the alleyway immediately behind Dabby Properties.
D.Easement.MRP shall grant the City a perpetual non-exclusive easement
for seven parking spaces located on ground level which are partially situated on MRP's
Parcel.
Page1 of3
E.Thirty Decal Spaces.TheCitywillprovideRichmanthefirstoptionto
acquire30decalspacesforhistenantsatthethenprevailingrates.As consideration for
theeasement,theCitywillreducetheratechargedforsevenparkingspacestoaccount
forMRP"ownership interestinthesevengroundlevelspaces.
F.RentPayments.TherentpaymentsforMRPwillbe calculated tobe
sufficient to allow forthe repayment of MRP's share of the principal and interest of the
Project loan.
10.Financing:TheCity of SouthMiamishallprocuretheProjectloantofinancethe
designandconstruction of theProject.TheCitycanpledgeitsparkingrevenuesto
obtaintheProjectfinancing.MRPwillpledgetherentalincomeearnedfromtheretail
space.MarkRichmanwillalsopersonallyguarantee MRP's share of thebridgeloan.
Theremainder of MRP's shareoftheloanwillbesecuredbytheLease,theNewMRP
BuildingandtheMRPLand.ThebridgeloanwillbeusedtoallowMRPtopayfor
projectrelatedcosts(includingitsshare of thearchitecturalandengineeringfees),
refinancetheMRPproperty(thisallowstheCitytobeinfirstpositionasthesecured
creditor)andtopayfortheCity'sshare of architecturalandengineeringfees.Theparties
anticipate that thepermanentfinancingfor construction wouldbe obtained in November,
2002.Theapplicationforbridgefinancingwilltakeapproximately45-60daystoprocess
andfund.Bank of Americawillrequirethatcertain commission approvalsbeinplaceto
ensurethattheProjectisviablebeforefunding.Approval of thenewleaseagreement
with MRP should be sufficient.
10.Cost Sharing:Thecosts of thedesignand construction oftheProjectwillbe
shared as follows:
(a)Thepartieswillparticipateinthedesignand construction costs of the
Projectinproportiontoeachparty'sgrossareaoccupation of theProject.
(b)TheLandlordwillpay 100%of thecosts of construction of additional
parkinglevelsontheParkingStructurewhichmaybe constructed atafuturedate.
(c)The Landlord will contribute $100,000 towards Tenant's share of the
constructioncosts of theshell of theProject.
(d)MRPwillpay100%ofthecostsassociatedwithdemolishingtheOld
MRPbuilding.
(e)Tenant willpayits proportionate share of thefees associated with
obtaining the bridge and long term financing basedonits percentage ofthe Borrowings.
(f)Tenantwillpay100%ofthecost of theretailspacebuildout of the
ReplacementMRPBuildingandthePremises.
Page 2 of3
(g)Landlord will pay 100%ofthecost of theparkingstructurefinishes.
12.Designand Construction:TheCitywillpreparerequestsforproposalsforthe
selectionofanarchitectandaconstructionmanagementfirm.
13.Commencement of Construction:Thepartiesestimatethatconstructionwill
commencein January-February,2003.Noholidayseasonconstructionwhichimpacts
theretailshopsbyseverallyimpactingtrafficflowwilloccur.
14.Project Name:TheCityagreesto consult with MRP toselectanameforthe
Project.
Page3 of3
Excellence,Integrity,Inclusion
MEMORANDUM
To:Mayor andCity Commission Date:November 19,2001 (Updated)
From:Charles D.Scurr
City Manager
•rlCds^'
Agenda Item #14
Lease Agreement with Mark Richman
Properties,Inc.
REQUEST
AN ORDINANCE OF TFIE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
CONTRACTS;APPROVING A LEASE AGREEMENT BETWEEN THE
CITY AND MARK RICHMAN PROPERTIES,INC.,FOR THE
GRANTING OF AIR RIGHTS ABOVE MRP PROPERTY TO THE
CITY,THE LEASE BY MRP OF CERTAIN CITY PROPERTY AND
THE CO-DEVELOPMENT OF A PARKING STRUCTURE PROJECT
ATSW73rd STREET BETWEEN 58th COURT AND58th AVENUE;
PROVIDING FOR SEVERABILITY,
AND EFFECTIVE DATE.
BACKGROUND &ANALYSIS
ORDINANCES IN CONFLICT,
Project History
TheCity of South Miamifirstissueda Request for Proposals in June 1997forthe
municipalparkinglotlocatedatSW 73™StreetandSW 58U1 Avenue.InSeptember 1997,
theCity Commission awarded theproposedprojectforthedesign,construction,leasing
and management of the mixed-use development and parking garage toSPG Phase One.
Theinitial project wasfora mixed-use parkinggaragethat included thefollowing:
•Area-OnlytheCity of SouthMiamiParkingLot,not including the Richman
Property;
•Parking Spaces
♦Total Spaces -257
♦City Replacement Parking -73
♦CodeRequiredParking-58*(*Includessharedparkingcredit,doesnot
include Metrorail credit)
♦Net New Parking Available 100%-126
♦Net New Parking Available Nights &Weekends -133
•Mixed Uses
♦Retail-15,000 SF
♦Office-8,000 SF
♦Residential -0 Units
Theprojecthas experienced aseries of changes,evolutions anddelays.On February 6,
2001,theCity Commission approved aLease Agreement with SPG for "Version 7"of
the Project.The "Final SPG Mixed Use Project"included the following:
•Area-TheCity of SouthMiami Parking Lotandthe Richman property;
•Parking Spaces
♦Total Spaces -442
♦City Replacement Parking -73
♦Code Required Parking -148*(Includes shared use credit;doesnot
include Metrorail credit)
♦Net New Parking Available 100%-221
♦Net New Parking Available Nights &Weekends -314
•Mixed Uses
♦Retail@28,200SF
♦Office@29,434SF
♦Residential@0Units
The geometry of thefinalprojectincludedthefollowing:
•Ground Level -Retail
•Second Level-100%Municipal Parking
•Third Level -100%Municipal Parking
•Fourth &Fifth Level -50%Office;50%Parking
•Roof-100%Parking
Theheight of thebuildingwouldhavebeen approximately 59feet.The allowable height
inthe Hometown Districtis56feet.Theproject,as expected inagaragefacility,might
have included maximum lot coverage and might have required a number of special
exceptions,whichwouldhavebeenthesubject of aseparateplanning/zoningprocessand
approvals.
Sincetheapprovaltherehasbeennopermitting,designor construction activity .
TheleaseapprovedbytheCity Commission allowsSPGtoassigntheleasetoMark
Richman Properties,Inc.Mr.Richmanand representatives of SPGhave indicated that
thepartiesareinterestedintheleaseassignment.The assignment andrevisedleaseare
the subject of this Ordinance.
The Richman Project
The Richman Project includes the following:
•Area-TheCity of SouthMiamiParkingLotandthe Richman property;
•Parking Spaces (Two Story/Three Story/Four Story and Rooftop
Configuration)
♦Total Spaces -250/350/450
♦City Replacement Parking -73
♦Code Required Parking -60
♦Net New Parking Available 100%-117/217/317
♦Net New Parking Available Nights &Weekends -117/217/317
♦Height (Approximate)-26'/36'/46'
•Mixed Uses
♦Retail®19,845SF
♦Office @0SF
♦Residential@0Units
Thegeometry of thefinalprojectincludesthefollowing:
•Ground Level-Retailand Municipal Parking
•SecondLevel-100%MunicipalParking
•Thirdand Fourth Levels (Optional)-100%Municipal Parking
•Roof-100%Municipal Parking
TheprojectisverysimilartotheprojectproposedbytheRed-SunsetMerchants
Association
Conceptually theprojectisquite straightforward:
•TheCitywillbe responsible forthecosts of construction of the parking
garage.TheCitywillhavefullcontrolovertheoperationandmaintenance of
the parking garage.TheCitywillretainallrevenuesfromthe parking garage.
•Richman willdeedtotheCitytheairrightsabovethe Richman Property.
Richmanwillberesponsibleforthecosts of construction of theretailspaceon
theRichmanProperty.Richmanwillbe responsible forthecosts of
construction,lessa $100,000 credit,fortheretail space onthe City Property.
Richman will receive the revenues fromtheretail space.
•Theterm of theLeaseis50years.Attheend of 50yearstheCityretains
ownership of theairrightsaboveRichmanandtheCitywillgaincontrol of
theretailontheCityproperty.Richmanretainsownership of theretailon
Richman Property.
TheCitywillobtain,throughtheFloridaLeague of Cities,bridgeandlong
termfinancingfortheentireproject.RichmanwillrepaytheCityits
proportionateshare.Richmanwillguaranteerepayment of hisportion of the
costs.
Financial Considerations
LuisFigueredo of theCityAttorney'sOfficehaspreparedamemorandumdetailingthe
framework of theLeaseagreement(AttachmentA),aswellasafinancialpro-forma
(Attachment B).
The financial pro-forma isbasedonvery conservative assumptions.Underthese
conservative assumptions thenet income fortheCitywouldbeanexpenseof $34,000 in
thefirstyear of operation.Ifthe $75,000 inparkingmeter revenue theCity currently
receivesfromthesurfaceparkinglotisconsideredtheCity'snetfinancialpositioncould
be impacted underamost conservative case scenario byupto $100,000 thefirst year.
Theconservativefinancialprojectionsarebasedondailyrevenue of $2dayperspaceand
ticketrevenuebasedona10%perspaceperdayviolationrate.Itisexpectedthatboth of
thesefactorswillexceedthisprojectionbyatleast50%.Revenuefromthecurrent
surface meter operation exceeds $3.00 perdayanditis likely that revenue fromthenew
facility willatleast equal $3.00 per day.Similarly,current parking violations exceed
10%anditislikelythatviolationsinthenewfacilitywillexceed10%andbecloserto
20%.Theselessconservationandmorelikelyassumptionswouldyieldincreasesin
revenuethatcouldputthe facility ina break-even positioninthefirstyearortwoof
operation.
ItshouldbenotedthattheCitywouldbeplacingaloan instrument withthe Florida
League ofCitiesforthe project.Itis likely thattheCitywillbe required to pledge a
portion ofthe parking revenue stream forthe project.This is standard and a pledge of
revenue doesnot alter thecashflow of theCityorthe project.
TheCity retains full control overall aspects oftheparkingsystem.This includes hours
of operation,rates,etc.
Hometown Plan and Parking Considerations
The Hometown Plan envisions vibrant mixed uses downtown.A central and vital
component ofthe realization ofthe Hometown Planisthe provision ofan "Infrastructure
Parking Facility".This facility is contemplated toprovideparkingfortheexisting
merchantbaseandprovideasupply of parkingforfuturegrowth.
The Richman Project achieves theseobjectives.Itisavery straightforward project thatis
essentially an infrastructure parkingfacilitywiththerequiredretailonthefirstfloor.
TheProjectwillinclude approximately 250parkingspaceswiththetwostoryandrooftop
configuration.Thedesignwouldincludethestructuralsupporttoaddanadditionaltwo
floorsthatcould provide uptotal of 450spaces.
Thecostanddisruption of buildingtheseadditionalfloorsinthefutureareimportantand
significantfactors.Thecostperspacefortheadditionalfloorswouldbeconsiderably
higherandtherecouldbea disruption totheexiting facility duringtheperiodof
construction.Staff is,therefore,currentlyanalyzingthecostbenefitandneedtoprovide
oneadditionalflooratthistime.Itisanticipatedthatafinal recommendation willbe
madeduringthedesignprocesswhentheactualconstructioncostsaremorefully
developed.
Other Considerations
Theschedulefortheprojecthasbeendevelopedtoaccommodatethedowntown
merchants and businesses.Construction would not commence until February 2003,after
the Holiday Season.
TheCityand Richman also recognize thatthis facility willbea"signature"and important
element of thedowntownarea.Everyeffortwillbemadetohavethearchitecturaldesign
completed inan exemplary manner.TheCitywillbeissuinga competitive RFPforthe
designofthe facility.Itisalso anticipated thatthecompetitive"ConstructionManagerat
Risk"procedurewillbeusedforconstruction.
Itshouldbenotedthatone of the City's requirementsisthe provision by Richman of a
generalreleasefromSPGreleasingtheCityfromanyandallcauses of actions,claims,
demandsorallegeddamagesarisingfromorrelatedtotheoriginalRFPissuedbythe
City.
Finally,itshouldbenotedthatthisgaragefacilitymay,dependentuponthedesign,
requirespecialexceptionsforitemssuchaslotcoverage.Thereisnospecialexception
requiredforheight.SpecialexceptionswillbeconsideredbytheCityseparatelythrough
the planning andzoningprocess.
RECOMMENDATION
Approval is recommended.
Attachments
INCOME
Parking meters (150 spaces)est.$2 per day.(3%).
Decal parking (100 spaces S30 per month-3%annual increase
Ticket revenue est.$12 per day-10%of meters ticketed daily.
Gross Income
Expenses
O&M 250x210/year/3%
Utilities cost per space-$60
Maintenance cost per space-S60
Insurance cost per space-$30
Supplies cost per space-S18
Miscellaneous cost per space-$12
Administrative cost per space-$30
Net before debt service
Debt-3 million@5%/30 years
Net Income
11.1901
Year 2 Year 3 Year 4 Year 5 YearC Year 7 Year 8 Year 9 Year 10
S109.500 $112.785 S116.168 $119,653 S123.242 $126,939 $130,747 $134,669 $138,709
$36,000 $37,080 $38,192 $39,337 S40.517 $41,732 $42,983 $44,272 $45,600
$65,700 $67,671 $69,701 $71,792$73,945 $76,163 $78,447 $80,800 $83,224
$211,200 $217,536 $224,061 $230,782 $237,704 $244,834 $252.177 $259,741 $267,533
$52,500 $54,075 $55,697 $57,367 $59,088 $60,860$62,865 $64,745 $66,687
$158,700 $163,461 $168,364 $173,415 $178,616 $183,974 $189,312 $194,996 $200,846
$193,254 $193,254 $193,254 $193,254 $193,254 $193,254 $193,254 $193,254 $193,254
($34,554)($29,793)($24,890)($19,839)(S14.638)($9,280)($3,942)$1,742 $7,592
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
Legal Holidays
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V.FERBEYRE,who on oath says that she is the
SUPERVISOR,LegalNoticesoftheMiamiDaily Business
Reviewf/k/aMiami Review,adaily (except Saturday,Sunday
and LegalHolidays)newspaper,published atMiamiin Miami-Dade
County,Florida;that the attached copy of advertisement,
being aLegal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARING 11/20/01
ORD.RELATING TO THE YEAR 2002 GENERAL ELECTION ETC.
in the XXXX Court,
was published in said newspaper in the issues of
11/09/2001
Affiant further says that the said MiamiDaily Business
Review isa newspaper published atMiamiin said Miami-Dade
County,Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida,each day (except Saturday,Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
officeinMiamiin said Miami-Dade County,Florida,fora
period of one year next preceding the first publication of the
attached copy of advertisement;and affiant further says that she
has neither paidnor proniised§nvperson,firmor corporation
anydiscount,rebate,comm1ssiorio\refundforthe purpose
of securing ttysadye^js^rjent for publication in the said
newspaper/
'$&*/{£
Sworn to and subscribe?before me this
09 defy of NOVEMBER ./A.
}*FIC1AL NOTARY btAb
JANETT LLERENA
I NOTARY PUBLIC STATE OF FLORIDA j
O.V.I-ER3EYRE pelorteftytogaoTq NO.CC 912958
MY COMMISSION EXP.JUNE 23,2004 I
i
:
i
:
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
j All interested persons are hereby notified that the City Commission of-
the City of South Miami,will conduct a public hearing at its regular City
Commission meeting scheduled for Tuesday,November20,2001 be
ginning at 7:30 PM in the City Commission Chamber,City Hall 6130 Sun-
'set Drive,to consider the following described ordinance(s):
.AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION
OFTHE CITY OF SOUTH MIAMI,FLORIDA RELATING TO
THE YEAR 2002 GENERAL ELECTION OFTHE MAYOR AND
CITY COMMISSIONERS FORGROUPS,I AND IV AND POSSI
BLECHARTERAMENDMENTS;SCHEDULINGTHE DAY,
PLACEANDTIMEOFTHEELECTION;PROVIDINGFOR
QUALIFICATION OF CANDIDATES;PROVIDING FORCLOSE
OF ELECTION BOOKS;APPROVING THE OFFICIAL BALLOT;
PROVIDING FOR NOTIFICATION;PROVIDING FOR SEVER-I
ABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE
DATE.(1stReading —November 6,2001)I
ANORDINANCEOFTHEMAYORANDCITYCOMMISSION
OFTHE CITY OFSOUTH MIAMI,FLORIDA RELATING TO
CODEENFORCEMENT PROCEDURES;AMENDING SEC-.'
TION 2-25 (L)OF CHAPTER 2 THE CODE OF ORDINANCES •
ENTITLED "SCHEDULE OFFINES";PROVIDINGFORSEV
ERABILITY,ORDINANCES IN CONFLICT,AND ANEFFEC
TIVE DATE.(1stReading—November6,2001)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION j
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TOj
CONTRACTS;APPROVING A LEASE AGREEMENT BE
TWEENTHECITYANDMARK RICHMAN PROPERTIES,INC.,
FORTHE GRANTING OF AIR RIGHTS ABOVE MRPPROPER-}
TY TOTHE CITY,THE LEASE BY MRPOF CERTAIN CITY
PROPERTY AND THE CO-DEVELOPMENT OFA PARKING
STRUCTURE PROJECT ATSW73 STREET BETWEENSW58
COURT AND 58 AVENUE;PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT,ANDANEFFECTIVEDATE.(1St
Reading —November 6,2001)
The subject ordinance canbe inspected inthe City Clerk's Office,
Monday-Fridayduringregularofficehours.
Inquiries concerning this item should be directed tothe City Manager's
Office at 305-663-6338.j
ALL interestedpartiesareinvitedtoattend.
•
Ronetta Taylor,CMC
City Clerk
CityofSouthMiami
Pursuant toFlorida Statutes 286.0105,theCity hereby advises the pub-,
lie that if apersondecidestoappealany decision madebythis Board,
Agency or Commission with respecttoany matter considered atits meet-,
ing or hearing,heorshe will needa record ofthe proceedings,andthatfor
such purpose,affected person may need to ensure thata verbatim record''
ofthe proceedings ismade which record includes the testimony and evi
denceuponwhichtheappealistobe based.
H/g 01-3-09/212441M