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Ad #528 Notice of Public Hearing March 18, 2009D1 ,FRIDAY MARCH_l3, 2009, I 5B m MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the City Commission Chambers, 3rd floor, City .Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 18, 2009, at 11:00 a.m., to consider approval, on First. Reading, of a Second Addendum to the Development Agreement between the City of Miami Beach and the New World Symphony (NWS),. dated January 5, 2004, (the Development Agreement), as amended by that certain First Addendum to the Development Agreement, dated February 20, 2007 (the First Addendum) (collectively, the January 5, 2004 Development Agreement and the First Addendum may be referred- to as the "NWS Development Agreement"); said Second Addendum providing for the following~l) approval of the Final Garage Budget in the amount of $17,03.3,120; 2) amending the Preliminary Park Project Budget from $14,960,000 to $13,137,015; 3) deleting the reference in the First Addendum specifying Gehry Partners, LLC, as the architectural consultant on the Park Project, Arid also waiving the requirement under section 26.20 of the Development Agreement ("Key Man" clause) and section 9 of the First Addendum, but only as it pertains to Gehry Partners,. LLC's participation as the architectural consultant for the Park Project; 4j authorizing NWS to proceed- with the selection of anew architectural and/or architectural engineering (A/E) firm for the deign of the Park Project, with ` NWS' selection process therefore subject to the prior written approval'of the City Manager (prior to implementation by NWS); 5) in conjunction with -the City Commission's future consideration and review of the .Park Project Concept Plan, directing NWS to also, at that time; bring to the City Commission; for review and consideration, the ,pending issue of whether to add certain architectural treatments (as discussed at the City's Finance Committee meeting on March 10, 2009, and including withoutlimitation; the stainless steel mesh and LED Lighting) for the east facade elevation of the. NWS Garage, with the. final decision on whether to add such treatments to be subject to the approval of the City Commission at that time; 6) amending Section 23.2.1 of the Development Agreement ("Garage"); deleting the reference that the NWS Garage accommodate approximately 320 cars and, further amending the definition of "Garage" in section 2Q) of the First Addendum to include that the Garage, as contemplated by the parties, shall contain. approximately 540 spaces (but not less than 525 spaces) and shall be designed, developed., and constructed by the Developer in accordance and consistent with that certain -order of the City's Design Review Board (File no. 22010), approved on March 3, 2009; and 7) that ,the final: Garage Budget will not include funding for the two (2) elevators in the middle of the Garage (on the east side), and having a construction value of $300,000, which have been designed to primarily access the NWS building; however said elevators will be included in the Garage and funded at the sole cost and expense of NWS. Inquiries may be directed to the-Miami Beach Redevelopment Agency at (305} 673-7295. INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent or to express their views in .writing. addressed to the City Commission c/o the .City Clerk, 1700 Convention Center- Drive l st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and continued and under such circumstances additional legal notice would not be provided. Robert E. Parches, City Clerk - City of Miami Beach Pursuant to Section 286.0105, FL Statutes, the City hereby advises the public that: if a person decides to appea- any decision made by the City Commission with' respect to any matter considered at -its meeting or its hearing, such person must ensure that a verbatim record,of the proceedings is made, which record includes the testimony and evidence upon which the appeal is fo 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. To request this material in accessible format, sign language interpreters information on access for persons with disabilities, and/or any accommodation to review any, document or participate in any City-sponsored proceeding, please contact (305) 604-2489 (voice), -(305) 673-7218(1-TY) five days in advance tQ initiate your request. TTY users may also call 711 (Florida ~Ftelay Service). Ad #528