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Ad 653 Notice of Public Hearing 4/13/2011 @ 11:30 A.M. 12NE I THURSDAY, MARCH 31, 2011 NE MIAMIBEAC.H • CITY OF MIAMI BEACH PUBLIC HEARING NOTICE IS HEREBY GIVEN that a first reading and public hearing will be held by the City Commission of the City of Miami Beach on WEDNESDAY, April 13, 2011 at 11:30 A.M. or as soon thereafter as possible in the City Commission Chambers, Third Floor, City Hall, located at 1700 Convention Center Drive, Miami Beach, Florida 33139 to consider: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI .BEACH, FLORIDA, APPROVING, FOLLOWING A DULY NOTICED PUBLIC HEARING, THE FALLOWING AGREEMENTS PERTAINING TO. THE PROPOSED LEASE AGREEMENT (THE LEASE), HAVING A TERM OF NINE(9) YEARS AND 364 DAYS, BETWEEN THE CITY AND PENNSYLVANIA AVENUE LLC, D /B /A GIGI, FOR THE USE OF APPROXIMATELY 7000 SQUARE FEET OF GROUND LEVEL RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA, FOR A RESTAURANT (PRIMARY USE), WITH ANCILLARY USES TO INCLUDE A BAKERY, BAR/ CAFE, AND BOOK AND GIFT SHOP: 1.) A PRE -LEASE DUE DILLIGENCE REVIEW AGREEMENT; 2.) A LETTER OF INTENT (LO1), SETTING FORTH. THE SUBSTANTIVE BUSINESS TERMS OF THE LEASE; AND 3.) A DRAFT, . IN SUBSTANTIAL FORM, OF THE PROPOSED LEASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PRE -LEASE DUE DILLIGENCE REVIEW _AGREEMENT AND THE LOI, AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL • LEASE, BASED UPON THE BUSINESS TERMS IN THE LOI AND SUBJECT TO FINAL REVIEW BY THE CITY MANAGER AND CITY ATTORNEY'S OFFICE; . • AND FURTHER WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND . APPRAISAL REQUIRMENTS (AS PERMITTED PURSUANT TO SECTION 32 -39 OF THE CITY CODE), FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY Inquiries may be directed to the. Department of Housing/ Community Development at (305) 673 -7260. All 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 Planning Department, 1700 Convention Center Drive, City Hall, Miami . Beach, Florida 33139. Copies of the proposed amendments are available in the Planning Department. • Pursuant to Florida Stat. 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by the Planning Board 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 must include 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, persons needing special accommodation to participate in this proceeding should contact the Board's Administrator no later than four days prior to the proceeding at (305) 673 -7550 for assistance; 'rf tv,,,:.ing impaired. telephone the Florida Relay Service numbers, (305) 673- 721'8 1, Tor assistance. AD #653 ` '