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99-23222 RESO . ,. " . .. .' 'I '. ./ RESOLUTION NO. 99-23222 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING ON SECOND READING, THE DEVELOPMENT AGREEMENT, IN ACCORDANCE WITH THE REQUIREMENTS OF THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT, BETWEEN THE CITY OF MIAMI BEACH AND 16TH STREET PARTNERS LLC, FOR DEVELOPMENT OF THE SITE LOCATED AT WASHINGTON AVENUE AND 16TH STREET, AND APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND 16TH STREET PARTNERS LLC, TO LEASE SAID SITE FOLLOWING A PUBLIC HEARING HELD IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 82-36 THROUGH 82-40 OF THE CODE OF THE CITY AND PROVIDING AND EFFECTIVE DATE. WHEREAS, on January 5, 1998, pursuant to the authorization of the Mayor and City Commission, the Administration issued a Request for Proposals for the development of public- private parking facilities in the area south of Dade Boulevard (the ffRFpff); and WHEREAS, the City issued the RFP in order to solicit qualified development teams to bid on certain publicly-owned sites identified in the RFP and/or to propose the development of parking on privately owned property; and WHEREAS, on April 6, 1998, the City received proposals from five (5) different development teams for various sites throughout the South Beach area; and WHEREAS, on June 30,1998, an Evaluation Committee appointed by the City Manager and approved by the Mayor and City Commission, heard presentations from five teams; and WHEREAS, in accordance with the criteria identified in the RFP, the Evaluation Committee ranked the proposals and provided their recommendations to the City Manager; and WHEREAS, on July 15, 1998, the City Commission adopted Resolution No.98-22857, authorizing the Administration to negotiate with a joint venture composed of affiliates of Comras Company of Florida, Inc., and LNR Partners, Inc. (which joint venture is now known as 16th Street Partners LLC), with Tegard to the site located at Washington Avenue and 16th Street in the City; and WHEREAS, on June 9, 1999, after a duly noticed public hearing held pursuant to the Florida Local Government Development Agreement Act, Section 163.3220, et. seq., Florida Statutes, the Mayor and City Commission approved the proposed development agreement by and between 16th Street Partners LLC (the "Deve1Qper") and the City (the "Development Agreement"), on first reading and set a second public hearing iih the Development Agreement for June 23, 1999, and also set said date for a hearing pursuant to Sections 82-36 through 82-40 of the Code of the City with respect to the proposed agreement of lease by and between the Developer and the City (the "Lease"); and , , '. . ' ",' .. WHEREAS, pursuant to the requirements of Section 82-39 of the Code ofthe City, the City obtained an independent appraisal of the fair market or rental value of its property; and WHEREAS, on June 22, 1999, after a duly noticed public hearing held pursuant to Sections 142-421 through 142-425 of the Code of the City, the Planning Board reviewed the proposed private use of the land owned by the City and zoned GU government use district, and in connection with such review the Planning Department prepared an analysis using the criteria set forth in Section 82- 38 of the Code of the City; and WHEREAS, the aforesaid public hearings on the Development Agreement and the Lease have been duly noticed and held and the Mayor and City Commission hereby find and determine that it is in the best interests ofthe City to enter into the Development Agreement and the Lease. NOW, THEREFORE, BE IT DULY SOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI EACH, FLORIDA, as follows: 1. It is hereby determined and declared tha the matters set forth in the recitals are true and correct and they are hereby incorporated as part fthis Resolution. 2. The Mayor and City Commission hereby approve the Development Agreement on second reading and approve the Lease Agreement substantially in the form attached hereto, and authorize the Mayor and City Clerk to execute said documents. 3. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 23rdday ofJune, 1999. , MAYOR ATTEST: ~;r ftiA~ CITY CLERK APPROVED ~ TO fORM & LANGUAGE & FOR EXECUTION SR/CMC/rar T:\AGBNDA\I9991JUN2399\REGULAR.\COMRAS.RES 411/(~~ o/~99 " . " . ' . ' Exhibit 1 ~ CITY OF MIAMI BEACH PLANNING DEPARTMENT From: Christina M. Cuervo Assistant City Manager Dean Grandin ~ Planning and Zoning Directt)Y June 1, 1999 Analysis of Possible Lease of the City Owned Property at Washington Avenue and 16th Street (Site 4) for a Parking Garage (Ordinance 92-2783) To: Date: Subject: Pursuant to your request, this memorandum serves to provide an analysis of the lease of City Owned Property at the subject property. Ordinance 92-2783 of the City of Miami Beach requires that any proposed sale or lease of city-owned land be analyzed from a planning perspective in order that the City Commission and the public are fully apprised of all conditions relating to the proposed sale or lease. What follows, herein, are each of the eight criteria prescribed in said ordinance and a response to each: 1. Whether or not the proposed use is in keeping with City goals and objectives and conforms to the City Comprehensive Plan. The property in question, at Washington Avenue and 16th Street, has been owned by the City for many years. The site has been used as a Municipal surface parking lot. The Future Land Use Map of the City's Comprehensive Plan designates the site as P, Parking. Because of the City's policy to encourage the creation of parking facilities, the leasing of this lot for the purpose of combining it with private property to create a parking garage and adjacent office I retail complex would conform to the land use designation contained in the Comprehensive Plan. 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the City shall determine the potential impact of the project on City utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further 1 . '" " . ,.' ,". '. evaluation of traffic impact is needed, the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. The proposed development of the site, in conjunction with private property, will result in an office I retail complex of 155,399 square feet with a 604 space parking structure. The further development of the 16th Street area will reinforce the retail development recently created on the south side of the street. This will continue to reinforce the link between the Washington Avenue commercial corridor and the Convention Center hotel thus increasing the property values of the Washington Avenue area. The intensity of the proposed development could not be achieved without the City's property. The proposed development will result in increased traffic to the surrounding area. A detail traffic analysis must be performed to assess the impact of the proposed development. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the City's revenue base, reducing City costs, creating jobs, creating a significant revenue stream and improving the community's overall quality of life. The proposed development will result in an increased number of pUblic parking spaces. The office I retail complex will expand the City's revenue base and create jobs, inclUding those jobs created during the construction phase. 4. Determination as to whether or not the development is in keeping with the surrounding neighborhood, will block views, or create other environmental intrusions, and evaluation of the design and aesthetic considerations of the project The proposed development will be approximately 100 feet in height (eight floors) and is compatible with the pattern of development in the surr.ounding area. This project will require approval from the Joint Historic Preservation I Design Review Board and will also require concurrency review as part of that process. 5. The impact on adjacent properties, whether or not there is adequate parking, street, and infrastructure needs. The proposed project will increase the number of public parking spaces, this will have a positive effect to the surrounding area. Furthermore, the parking spaces created for the office use will be available during evening hours for other uses in the area. Any infrastructure deficiencies will be address at the time of concurrency 2 .' " , " determination, at which time the appropriate mitigation, if required, will be performed. 6. A determination as to whether or not alternatives are available for the proposed disposition, including assembly of adjacent properties, and whether the project could be accomplished under a private-ownership assembly. The proposed project includes the assembly of adjacent sites. Clearly a development of this magnitude could not be accomplished without the City's site. The creation of the 604 space parking structure associated with the proposed project could not be created without combining both the public and private properties. 7. Within the constraints of public objectives, the department should examine financial issues such as job generation, providing housing opportunities, and the return to the City for its disposition of property. The proposed development will increase the job base of the City. No housing opportunities will be created. 8. Such other items as the Planning Department may deem appropriate in analysis of the proposed disposition. Planning Staff is not able to determine, from the level of details in the drawings submitted by the applicant, whether the proposed development is within the maximum floor area ratio allowed in this district. DJG/JGG C:\TEMP\PRVTGRGE.DQC 3 .. '. CITY OF MIAMI BEACH CITY HALl 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 hllp:\\ci.mlami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. t.j (.. g -'19 Mayor Neisen O. Kasdin and DATE: June 23, 1999 ::::::::~~ity ~ssion City Manager A RESOL OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING ON SECOND READING, THE DEVELOPMENT AGREEMENT, IN ACCORDANCE WITH THE REQUIREMENTS OF THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT, BETWEEN THE CITY OF MIAMI BEACH AND 16TH STREET PARTNERS LLC, FOR DEVELOPMENT OF THE SITE LOCATED AT WASHINGTON AVENUE AND 16TH STREET, AND APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND 16TH STREET PARTNERS LLC, TO LEASE SAID SITE FOLLOWING A PUBLIC HEARING HELD IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 82-36 THROUGH 82-40 OF THE CODE OF THE CITY AND PROVIDING AN: EFFECTIVE DATE. RECOMMENDATION: Adopt the Resolution. .' BACKGROUND: On January 5, 1998, the City of Miami Beach issued RFP 20-97/98, seeking proposals for the development of public-private parking facilities. On April 6, 1998, proposals from five (5) different development teams were submitted and evaluated by an Evaluation Committee. On July 15, 1998, the City Commission authorized negotiations to commence with four (4) of the proposed development projects as follows: Site 1: Municipal Parking Systems Site 2: Municipal Parking Systems Site 3: Park One, Inc. Site 4: Lincoln Place -Michigan and 17th Street -Lenox Avenue and 17th Street -Collins Avenue and lOth Street - Washington Avenue and 16th Street On September 10, 1998, the City issued RFP 111-97/98, in order to engage a consultant to evaluate the four (4) municipal surface parking lots proposed for the development of public-private parking facilities, On September 23, 1998, the City Commission authorized the Administration to contract with HNTB to conduct such an evaluation of the proposed developments. On February 3, 1999, the City Commission referred Phase I ofHNTB's report and recommendations, regarding the proposed AGENDA ITEM R, B 1o-~3-t19 221 DATE June 23. 1999 Commission Memorandum Page 2 public-private development proposals, to the Finance and Citywide Projects Committee, which met on February 25, 1999. On March 3, 1999, the City Commission accepted the Finance and Citywide Projects Committee's report to phase the development of the projects and directed the Administration to begin negotiations for Site 1 and Site 4 and to begin discussions with the developer for Site 3 to try to work out the differences and allow for possible agreement on terms that could be presented back to the Committee. To facilitate the negotiations, the City Attorney engaged the firm of Bloom & Minsker to assist and draft the attached Agreement of Lease and Development Agreement. On May 26, 1999, the City Commission held a public hearing and approved the Development Agreement on first reading for both Site 1 and Site 4. Due to an error in the public notice for the hearing on Site 4, the City Commission held another public hearing and approved the Development Agreement on first reading again on June 9, 1999, to ensure all technical requirements were met. On June 22, 1999, the proposed project will be reviewed by the City's Planning Board and a verbal report will be provided to the City Commission since it has not occurred at the time of this writing. Pursuant to the provisions of City Ordinance 92-2783 (the "Shapiro Ordinance"), which is codified in Sections 82-36 through 82-40 of the Code of the City, the lease of any City-owned property for a period of five years or more, including option periods, is subject to the following conditions: . a Planning Department analysis . a public hearing to obtain citizen input . an advertised public bidding process . an independent appraisal to determine the fair market or rental value of the property Said Ordinance further provides that except for the public hearing and the Planning Department analysis, the above referenced conditions may be waived by a 5/7ths vote of the City Commission upon a finding that the public interest would be served by waiving such conditions. A public hearing has been scheduled for the date hereof and the Planning Department analysis of the proposed Lease Agreement is attached for City Commission consideration (see Exhibit 1). As previously stated, this Lease was negotiated based upon a publicly advertised RFP for which appraisals have been procured; therefore no waivers are requested at this time. Development Regulations: In accordance with the Florida Local Government Development Agreement Act, the City of Miami Beach and 16th Street Partners LLC are entering into a Development Agreement to address, among other things: . the proposed development at the site . the development regulations applicable to the site . improvements to be constructed by the developer (tenant) . the timeframe by which the developer (tenant) shall obtain all building permits and complete construction, subject to unavoidable delays. 222 June 23, 1999 Commission Memorandum Page 3 The City Commission has held the first of two public hearings required to enter into a Development Agreement. This resolution will approve the Development Agreement on the second and final public hearing. The subject City land is presently zoned Government Use (GU). The proposed public-private developments represent private or joint government/private uses in the GU district. Pursuant to Section 142-423 of the City Code, any such use requires review by the Planning Board prior to approval by the City Commission, On June 22, 1999, the developers will present their proposed development projects to the Planning Board, outlining the uses and setting forth the applicable development regulations. As of the date of this writing, this meeting has not taken place and a verbal report will be provided to the City Commission. Pursuant to Section 142-425 of the City Code, the City Commission must confirm the development regulations that apply as a result of such proposed private or joint government/private use to be the average of the requirements in the surrounding districts, as detennined by the Planning and Zoning Director. The Planning and Zoning Director has detennined that the development regulations for CD-3 will apply to this site and said development regulation is confinned in the Development Agreement. CONSULTANT RECOMMENDATIONS: HNTB evaluated the proposals and recommended that the City should not sell its property to the developers at any of the sites but should instead negotiate leases wherein: . the guaranteed lease payments should be in the neighborhood of 10% of the market value of the City owned land based on the ultimate zoning of the property. . the tenn of the land leases should be in the average of 40 to 45 years in order to allow the developer to achieve a reasonable profit and the City retain control of its property. . the City should also obtain additional monthly payments based on gross revenues (profit sharing) generated by the overall development. . require the developer at each site to pay the City a lump sum amount for the estimated or actual losses in parking revenue during the time the site is inoperable for parking. . require the developer to purchase (as opposed to leasing air rights at) the two parcels under private ownership prior to commencing with the development and then have the developer lease the retail space to the current tenants. APPRAISAI"S: The appraisals of the Public-Private Parking projects were completed on March 19, 1999, by J. B. Alhale & Associates Inc., and are based on the highest and best use of the property as of March 15, 1999. Site 1: Michigan Site 2: Site 3: Site 4: Washington & 17'" St. Lenox & 17'" St. CoUins & 10" St. & 16"St. Appraised Value: $5,070,000 $2,800,000 $2,600,000 $3,900,000 Highest & Best 223 Use@3/15/99 June 23, 1999 Commission Memorandum Page 4 Proposed Less than highest TBD Less than highest Site has limitations Development: and best use and best use affecting ability to develop the higbest and best use without additional land. As reported on April 28, 1999, staff prepared a projected project cashflow analysis in order to reconcile the fair market value and the annual rent payable to the City, based upon the proposed value in use. ANALYSIS: Based on the consultant recommendations and based on the appraisals submitted, the Administration has conducted negotiations for three (3) of the four (4) projects, as prioritized by the City Commission. (Negotiations for Site 2 will commence upon completion of negotiations with the proposers on Site 1, Site 3, and Site 4, if so directed by the City Commission.) The recommended negotiated tenns of the proposed project are delineated below. Additional terms not presented on May 26 and June 9, are in bold for your easy reference. TERMS: Owner: Lincoln Plaee. Washington & 16th St. City of Miami Beach Developer/Tenant: 16th Street Partners LLC Principals: 50%-An affiliate of the Comras Company of Florida, Inc. 50%-An affiliate ofLNR Partners, Inc. Project Description: 604 space garage 43,424+ sf retail 111,975 sf office Project Cost: $32,207,000 Funded Equity: $8,051,750 Lease Term: 50 years with 2, 20-year extension options Commencement Date: Agreement execution date. Fee upon Commencement: $50,000 (This fee re-coups the City's out of pocket costs and represents the up-front fee while the developer obtains permits and approvals prior to possession date. City continues to operate surface parking lots during this period.) 224 June 23. J 999 Commission Memorandum Page 5 ConstructionlPermitting: Preliminary Plans and Specs: DRBIHP Application: Building Permit: Possession Date: Security Deposit: CO Date: Rent during Possession Date thru Construction Period: Base Rent at Delay Date: Delay Date: Base Rent Adjustments: Percentage Rent: (as a percentage of gross revenues) . .. Subject to unavoidable delays. No later than 24 weeks from commencement date. No later than 8 weeks from approval of preliminary plans and specs approvals. No later than 32 weeks from DRBIHP approval One year from commencement date. Private land is deeded to City at this time with a reverter in the event construction does not commence. Upon possession, one year of base rent will be provided as security deposit until CO date. Earlier of date upon which TCO/CO is obtained or 2 years from possession date. $175,000/annually (This fee represents the City's projected loss of revenue on the site. Weare requiring developers to compensate City for this loss during construction, estimated to last 2 years from possession date.) $250,000 for lease years 1-5 increasing to $300,000 for lease years 6-10. Earlier of CO Date or 2 years from possession date, not subject to unavoidable delays. (On this date Base Rent commences whether or not construction is completed.) Base rent will be adjusted at the end of the 10th lease year and every 5th lease year thereafter, based upon the lesser of 12% or the cumulative CPI over the previous 5 year period. At the earlier of (i) a sale of the project, or (ii) beginning in Year 9, and every Lease Year thereafter, percentage rent of 2,5% of gross revenues will be calculated in addition to base rent. Only in Lease Year 9, percentage rent will be payable if the Developer has achieved a $7.8 million project revenue threshold and, ifnot, such amount of percentage rent will be payable, in equal installments over five years, in Lease Years 11 through Lease Year 15. Beginning in Year 10, and every year thereafter percentage rent will be due and payable at the end of each year (i.e. 2.5% of gross revenues) payable in the first sixty (60) days of 11th Lease Year and every year thereafter. 225 June 23, 1999 Commission Memorandum Page 6 Re-appraisals: If developer exercises extension options, the land will be re- appraised, based upon the terms set forth in the Lease Agreement, to determine the new base rent based upon the value in use in the 49th year and 69th year, The Base Rent will never be less than the prior year's base rent. Real Estate Taxes: Included and defined as Additional Rent in the event taxes are abated, waived or exempted. If taxes are reduced as a result of decline in property values in the area, this provision will not apply. Parking Rates: Garage parking rates shall not be less than the Cityl Agency rates or more than comparable garage parking rates charged in Miami-Dade County. Standard rates will apply during special events and may not be increased. Subordination: City agrees to subordinate percentage rent to debt service payments on first mortgage, but not base rent. If a foreclosure occurs, to the extent cashflow is not available, percentage rent will cease until transferee has five years to stabilize operations. SalelRefinancing: Developer has the right to sell project, subject to certain criteria (i.e. purchaser must have a minimum of $20 million in equity, track record, no litigation with City, etc.). Right of First Refusal: CitylDeveloper has the right of first refusal to purchase other's interest in the Project. Environmental Matters: Property is leased "as is" and developer is responsible for remediation Financial Return to the City: The financial return to the City consists of rent (base rent, percentage rent and additional rent), real estate taxes (the property is currently tax exempt) and additional private land that will revert to the City at the termination of the lease. Additionally, the project will provide approximately 180 net new parking spaces in the area and will provide new Class "A" office space, for which there is a demand, that will attract private corporations to anchor and revitalize the city center. Such investment serves as a catalyst and perpetuates a strong economic impact for our community. ~ The negotiated terms represent a fair market return on the appraised value of the land in the form of base rent and percentage rent. In addition, to the $50,000 fee upon execution of the Agreement and the rent of$175,000/year during construction, base rent in the amount of$250,000/year will be due and payable two years after possession. The base rent escalates to $300,OOO/year at the end of the 5th lease year, thereafter, escalations to base r~cur every 5 years. The total base rent payments June 23, 1999 Commission Memorandum Page 7 over the first 25 years, total $8.4 million. Percentage Rent commences at the earlier of a sale of the project or during the 9th lease year and is estimated to total $3.7 million over the 25 year term. The terms provide a return to the City that would enable the Developer to stabilize the project and allow the City to begin to participate in a percentage (2.5%) of gross revenues, during the 9th Lease Year. Based upon a 25 year operating proforma for the project, the aggregate City return over the first 25 year period represents $12.5 million. The Developer's aggregate return during the same period, totals $78 million. (Note: This return is calculated over 25 years and not over the 90 year lease term.) The Lease Agreement further provides that any abatement or waiver of real estate taxes will be paid as "Additional Rent" to the City in the event that tax exemptions are granted for the land and improvements. The land is currently tax exempt, but non-public uses on municipal land are subject to ad valorem taxes pursuant to Florida law. This Agreement provides that any change in law would require the Developer to pay an amount equal to the taxes in the form of Additional Rent. Real Estate Taxes Additionally, the City will benefit from the proj ected annual real estate taxes that will be paid to the City. It is projected that of an estimated total project hard cost of$21,691,839, the estimated total initial tax bill will be $587,415. Of this amount, $162,667 will represent the City's annual tax share and $124,117 will represent the County's annual increment payable to the Redevelopment Trust Fund, as a result of the property's location in the City Center Redevelopment District. In FY 2023 the City will no longer benefit from the County increment due to the expiration of the term of the Redevelopment District. Tax payments to the City over the first 25 year period are estimated to total $7.5 million, inclusive of the County increment. Land Contribution The Developers are also contributing approximately 30,000 sf of additional land to the aggregate project of which 10,000 sf (Resnick Site) consists of air rights and 20,000 sf consists of fee simple interest in land (Fedco Site and back of Resnick Site). This land will be deeded to the City upon possession date and will become part of the premises that revert to the City upon termination of the Lease Agreement. (See Exhibit 1) Sale. AssiiJllllent. Transfer & Subletting The Lease Agreement provides that City consent will be required in the event of a sale, assignment, transfer or sublease to a "Permitted Buyer," if the Permitted Buyer does not meet certain criteria. The Permitted Buyer is a real estate investor, pension fund or developer and the criteria set forth in the Lease Agreement consists of the following: . Must meet minimum equity requirement of$20 million . Must not be owned by a foreign instrumentality . Has not been in litigation with the City over the past 7 years . Cannot be owned by an individual who has been convicted or is under indictment for felonies . Has not filed for bankruptcy during the past 7 years . Must have a minimum of 5 years operating history . Must not be an advocate or ha~ its stated purpose: resistance against the U. S. , " , . ." . " CITY OF MIAMI BEACH NOTICE OF INTENT TO CONSIDER GROUND LEASE AND DEVELOPMENT AGREEMENT AT PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Miami Beach, Florida, on Wednesday, June 23, 1999 at 2:30 p.m., or as soon thereafter as possible, in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, in accordance with Sections 82-36 through 82-40 ofthe Code of the City of Miami Beach, Florida, to consider and enter into a proposed ground lease (the "Ground Lease") between 16th Street Partners, LLC and the City of Miami Beach, and that the second of two public hearings will be held by the City Commission of the City of Miami Beach, Florida, on Wednesday, June 23,1999 at 2:31 p.m., or as soon thereafter as possible, in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, in accordance with the requirements of the Florida Local Govemment Development Agreement Act to consider and enter into a development agreement (the "Development Agreement") between 16th Street Partners, LLC and the City of Miami Beach. Both public readings concern property located at the northeast comer of the intersection of 16th Street and W ashington Avenue, Miami Beach, Florida. The project site currently consists of a metered City of Miami Beach parking lot, together with land located at 1605 through 1639 Washington Avenue. The proposed project includes a parking garage of approximately 195,000 square feet and approximately 604 spaces, an office building of approximately 110,000 square feet, and approximately 33,000 - 40,000 square feet of retail to be developed on the property at a maximum height of 100 feet. The Floor Area Ratio for the project is approximately 2.75. The foregoing information is provided pursuant to the requirements of Sections 82-36 through 82-40 of the Code ofthe City of Miami Beach, Florida, and Section 163.3225, Fla. Stat. Inquiries concerning the proposed Ground Lease and Development Agreement should be directed to the Office of the City Clerk, (305) 673-7411. Copies of the proposed Ground Lease and Development Agreement are available for inspection, and may be obtained pursuant to 9119.07, Fla. Stat., during normal business hours in the Office of the City Clerk, City Hall, First Floor, 1700 Convention Center Drive, Miami Beach, Florida. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City of Miami Beach City Commission % the City Clerk, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: Ifa person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such person must insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. , , , ,. '.." '; In accordance with the Americans with Disabilities Act of 1990, 'all persons needing special accommodation to panicipate in this proceeding should contact the City Clerk's Office no later than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing impaired, telephone Florida Relay Service numbers (800) 955-8771 (TOO) or (800) 955-8770 (VOICE), for assistance. .