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Ord No 10-23-2461ORDINANCE NO. 10-23 -2461 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING CITY OFFICIALS TO EFFECTUATE PROPERTY AN EXCHANGE AND CONVEYANCES BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC. (MRP) FOR THE SOUTH MIAMI PARKING GARAGE LOCATED AT 5829 SW 73 rd STREET, INCLUDING: (i) CORRECTIVE DEED(S) TO CORRECT A SCRIVENERS ERROR IN THE LEGAL DESCRIPTION IN THE DEED ATTACHED AS EXHIBIT "A"; (ii) DEED(S) OF CONVEYANCE FROM THE CITY TO MRP FOR THE BLUE AND RED AREAS DEPICTED IN EXHIBIT "B" ATTACHED HERETO; (iii) ACCEPTANCE OF DEED(S) FROM MRP TO THE CITY FOR THE GREEN AREAS DEPICTED IN EXHIBIT "B" A TT ACHED HERETO; (iv) AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF SOUTH MIAMI PARKING & RETAIL CONDOMINIUM; (v) AMENDMENTS TO THE LEASE AGREEMENT DATED MARCH 11, 2005, AS PREVIOUSLY AMENDED ON APRIL 5, 2022; (vi) FILING AND PERFECTING APPLICATION(S) FOR MUNICIPAL PROPERTY TAX EXEMPTIONS WITH THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE PARKING GARAGE COMPONENT OF THE PROPERTY; AND (vii) ADDITIONAL AGREEMENTS AND INSTRUMENTS, AS NEEDED; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS FOR SUCH PURPOSES, INCLUDING SURVEY COSTS, RECORD NG AND FILING FEES, DOCUMENT ARY STAMPS AND TAXES, AND PREPARATION OF SUPPORTING DOCUMENTATION BY OUTSIDE CONSULTANTS AS NECESSARY; PROVIDING FOR IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DA TE. WHEREAS, the City of South Miami (the "City") owns and operates a parking garage and retai l building (the "Proj ect ") at 5829 SW 73 rd Street, South Miami, Florida (the "Property"); and WHEREAS, the s outhwes t portion of the ground floor of the Project is owned by Mark Richman Properties, Inc. ("MRP"); and WHEREAS, MRP leases the ground flo or retai l spaces in the portion of the Project it does not own pursuant to that certain Lease Agreement dated March 11 , 2005 between MRP and the City, as amended b y that certain Amendment to Lease Agreement dated April 5, 2022 (collectively, the "Lease"); and WHEREAS, a portion of the Property is subject to that certain Declaration of Condominium of South Miami P a rking & Retai l Condominium (the "Condominium Declaration") recorded in Official Records Book 33507, at Page 212, of the Public Records of Miami-Dade County, Florida; and Page l of 6 Ord. No. I 0-23 -246 1 WHEREAS, the Condo minium Declaration was entered into in order to quali fy the parking garage co mponent of the Prope rty for a municipal propetiy tax exempt ion wi th the Miami- Dade County Property A ppraiser ("County") based o n muni c ipal use; and WHEREAS, a dispute has ari s e n betw een MRP and the C it y regarding owners hi p and control of certain poti ions of th e Project; a nd WHEREAS, MRP a nd th e C ity seek to settl e s uc h di spute th.ro ugh the excha nge of certain portions or parcels of th e Property for nomin a l co ns ideration (the "Exch ange"), as depicted in the attached Exhibit "B ," including: (i) correcti ve deed(s) to correct a s criven ers e rro r in the l egal description in t h e d eed att ached a s Exhibit "A"; (ii ) deed(s) of conv eyance from the City to MRP for the blue and re d a reas depicted in Ex hibit "B" attached he reto; (iii) accep tance of deed(s) fro m MRP to the City fo r the green areas depicted in Exh ibi t "B" attach ed h ereto ; (iv ) amendments to the D e claratio n of Condominium of South Miami Parking & Retai l Co ndominiu m ; (v) a m endments to th e Lease; (v i) filing and perfecting applicatio n(s) for municipal property ta x exemptions w ith the Co unty prop e11y appraiser fo r the parking garage compo nent of the Property ; and (vii) add itiona l agreements and in s trumen ts, a s needed to a ccompl is h the Exchange; a nd WHEREAS, Secti on 6(6) of Articl e II of the C ity Charter requires an o rdinance to authorize the con veyan ce of prope rty ow ned by the C ity ; an d WHEREAS, the C ity Comm iss io n des ires to au thoriz e C ity Officia ls to execute instruments to e ffectuate and complete the Excha nge, all as deemed necess ary and drafte d b y the C ity Attorney, and to execute a ll applications and s up portin g doc umentation deem ed necess a ry or expedient by C ity Officials to file and perfect the muni c ipal property tax exemption w ith the County for appli cabl e portions of the P roj ect; a nd WHEREAS, the C ity Manager is further a uthorized to expe nd funds to effectuate the Exch ange, in c luding but n ot limited to , s urvey co s ts , filing and recording fees, documen tary stamps , taxes, a nd pre paration of s uppor ti ng documentation by o utside cons ultants, as necess ary; and WHEREAS, the C ity Commi ssion h e ld its first reading on t h is Ordinance o n June 2 0, 2023 a nd approved it on fir s t read in g; and WHEREAS, the C ity Commission has conducted a duly noticed seco nd r eading and public hearing o n the Ord in ance as r eq uired by law on June 23, 2023 and finds t hat the authorization to con vey C ity property as set fo rth in t hi s O rdinance, a n d a ll oth e r a uthoriz ations to effe ctuate and compl ete the Exchange, are in th e bes t interes t o f th e City and its residents, a nd necessary to accompli s h the Excha nge. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals Adopted. T h e fo regoi ng rec itals are hereby ratified and co nfim1ed as being true and correct and are hereby made a s pecific part of thi s Ordinance up on adoption hereof. Page 2 of 6 Ord. No. 10-23 -246 1 Section 2. Authorizing Conveyances of City Property and Exchange with MRP. The City Commi ssio n he reby a uthorizes C ity Offici als to effectu ate the Exch ange and conveyances between the City and Mark Riclunan Properti es , [nc . (MRP) for the South Miami Parking Garage located at 5829 SW 73 rd Street, including: (i) Con-ecti ve Deed(s) to co rrect a scri ven e rs e rror in the legal descrip t io n in the D eed attached as Exhibit "A"; (ii) D eed(s) of conveyan ce from the City to MRP for the blue a nd red a reas d e pi cted in Ex hibit "B" attach e d h e re to ; (i ii ) Acceptance of Deed (s) from M RP to the C ity for the green a reas depicted in Exhibit "B" attac hed hereto ; (iv) amendments t o th e D eclaratio n of Condo minium of South Miam i Parking & Re tail Cond ominium; (v) Am endmen ts to the Lease Agreement dated March 11 , 2005, as prev ious ly a m e nded o n April 5, 2022 ; (vi) filing and perfecting a pplicat ion(s ) fo r property tax exemption s w ith the Co unty Property A pprai ser for the parking garage compo nent of the Property; and (vii) add iti on a l agreements and instrume nts , as needed. Section 3. Authorization to C ity Officials; Implementation. C ity Officials (Mayor, C ity Manager, and C ity Attorney) a nd/o r des ig n ees are authorized to execute all instruments necessary to effectuate a nd complete the Exchange and con veyances, as d e tailed in Sectio n 2 above, a nd to take a ll action ne cessary to accompli s h the purposes of the Ordinance. Section 4. Authorization to C itv Manager to Expend Fu nds. T h e City Man ager is furth er authoriz ed to expend funds to effectuate and compl ete the Exchange and co nveyances, and recording a nd filing of all ins truments d e tailed in Sectio n 2 above, including but not limited to , s urvey costs, filing and reco rding fees, docu mentary s tamps, taxes, and preparation of s upp orting d o cumentation by outs ide con s ultants as necessary . Section 5. C orrections. Conforming language or techn ical s cri v ener-ty pe co rrections may be m ade by the C ity A tto rney fo r a ny confonning a m endments to be incorporated into the final reso lution for signature. Section 6 Severability. If a ny secti o n, cl ause, sentence, or phrase of thi s Ordinance i s for any reason held inva li d o r un co nstitut ional by a court of co mpetent jurisdictio n, the holding s hall not affect the validity of the remaining porti o ns of thi s Ordinance. Section 7. E ffecti ve Date. T hi s Ordina nce s hall beco me effecti ve immedia tel y upon adoption. PASSED AND ADOPTED o n First Readin g thi s 20 th d ay of June, 2023. PASSED AND ADOPTED on Second Reading this~ d ay of Jul y, 2023. ATTEST: APPR;h ~ I ---- ~YOR Page 3 of 6 Ord. No. I 0-23 -2461 R EAD AND APPROVED AS TO FORM , AD O PT ION : LANGUAGE, LEGALITY, AN D EXECUTION T H EO F Weiss Serota H e lfm a n Cole & Bi e rman, P.L. C ITY ATTORNEY F irst Read ing: Moved B y: Commi ssio ne r L ieb m an Secon ded By: Com m issio ne r Call e Second and F ina l Reading: Moved By: Commi ssio ne r Lieb m an Seco nd ed By: Commissioner Call e Page 4 of 6 COMMISS ION VOTE: Mayor Fernandez: V ice Mayo r Boni ch : Com m iss io ner Call e : 5-0 Yea Yea Yea Commi ssio ner Corey: Yea Commi ss io ne r Liebm a n: Yea Ord. No. 10-23-2461 EXHIBIT "A" DEED Page 5 of6 PDF.js vi ewe r 12/29/22, 2:32 PM Exhibit "A" 111111111111 llllt 1111111111111111111111111111 CFN 2008R0610990 OR Bk 26495 P9s 3644 -3645; (2P9S) RECORDED 07/25/2008 11:55:45 DEED DOC TAX 0 .60 Prepared by and return to: Rafael A. Perez. Esq. McArdle & Perez. P .A. 201 Alhambra Circle Suite 711 Coral Gables. FL 33134 305-442-2214 File Number: MRP01.01P Will Call No.: SURTAX 0.45 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA __________________ ... Space Above Th.is Linc F o r Recording Data._ ________________ _ Special Warranty Deed This Special Warranty Deed made effective as o f the 7th day of .June, 2002 between Mark RJchman Properties. Inc., a Florida corporation whose pos t office address is 18500 N .E. 5th Avenue, MJaml. FL 33133, grantor, and City of South MJaml. a duly con•dtuted mu.nlclpallty under the law• of the State of Florida whose post office address i s 6130 Sunset Drive, South MJamI. FL, grantee: (Whenever used herein the terms gn,ntor and grantee include all the parties to this insuumcnt a nd the b c:in, lcp.l rcpn:scnaativas. and asaia,,.s of individuals, and the Su<:ccUOts and a.ssia,,.s of ccnporatioos, trusts and lJuslccS) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the r eceipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, s ituate, lying and b e ing in Miami-Dade County, Florida, to-wit: Lot 36, less the North 11 2/3 feet and Lot 37, also leu the South 10 feet of Lot 37 and the West 5 feet of Lots 36 and 37 for Street widening, W.A. LARKINS SUBDIVISION, according to the map or plat thereof, reeorded la Plat Book 3, Page 198, of tbe Public Record• of Miami-Dade County, FloridL Less and except therefrom that pordoo of said lands lying b e low elevadon 18.00" (NGVD29). Parcel ldendfication Number: 09-4036--022-0260 Together with all the tenements, hercditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, th.e same in fee s imple forever. And the grant.or hereby covenants with said grantee that the grantor is lawfully seized of said land in fee s imple; that the grnotor has good right and lawful authority t o sell and convey said land; that the grant.or hereby fully warrants the title to said land and will defend the same a g ainst the lawful c laims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTlm- https ://on lineserv ices.mi ami -dad ecl erk .com/O ff ici a I Recor ds/pd f jsvi ewer/web/viewer. h tm I Page 1 of 3 PDF.js viewer 12/29/22, 2:32 PM OR BK 26~95 PG 36~5 LAST PAGE Signed, scaled and delivered in our presence: W itness ame: ....J--» Rafael A. Perez S t.e of Florida C a unty of Miami-Dade ::tl12Jt~ ~ ;z;~n ~s Mark Richman, Pres ident ~/ L (Corporate Seal) The foregoing instnnnent wns acknowledged before me this 23rd day of July, 2008 by Mark Richman, President of Mark Richman Properties, Inc., a Florida corporation, on behalf of the corporation. H e/she LJ is penonaUy known to me or (X] bas produced a driver's license as identification. otary Seal] NOTARV ?t1!UC-STATE OP FLORIDA ............ Rafael A. Perez /. \Commission #D0682673 ~._,,.F' Expires: AUG. 13, 2011 BONDED tKJU> ATlNITlC IIOHDDIO CO., IHC. S~clal Warranty Dud • Page 2 Printed Name: My Commission Expires: https://on linc s irvices.miami-d adeclerk.com/O ffic ialRecord s/pdfjsviewer/web/viewer.html DoubleTl,,,_ Page 2 of 3 PDF.js viewer 12/29/22, 2:32 PM Book26495/Page3645 CFN#20080610990 Page 2 of 2 https://onlineservices.miami-dadeclerk.com/OfficialRecords/pdfjsviewer/web/viewer.html Page 3 of 3 Ord. No. 10-23-2461 EXHIBIT 'B" THE EXCHANGE Page 6 of6 Exhibit "B" The Exchange ASi'HAI.TORl'llWAY(C t ) GASM£1£R IUVATOR I EUVATOR L088Y UNIT1 (MASTER _/ PARKING) UNIT 11 (RETAIL) UNIT 10 (RETAIL) (MASTER PARKING) R.11.!1'1.1' •<:> TOLM!.2 UN lS (RETAIL} LA.NOS wm-i!II THESJ UMfTS BELOW ELEVATIOll 18"/NGVD29)ARE /IOTA PART OF THE CONDOM /UM PROPERJY ~-..Il..-Jr-,.-,,Q ____ JL __ ---11 \.UIIJTS Of COIIOOl,eQJM POOP't!lrt The proposed Exchange invol ves: C0'l6\5l PAI\KlliG A.I\EA UNIT 1 (MASTI:R PARK ING) UNIT2 (RETAI L) (Cf) a UNIT 3 (R ETAIL} llil1E;.. UNITS (RETAIL} UNIT 7 (RETAIL) UNIT 6 {RETAIL) COMM ON ELEMENTS ONLY EXI ST 'MTHIN TH E CONDOM INIUM PROPERTY LIMITS. • Corrective instruments for the yel low portion of the Property • Conveyance of the Green Areas to the City • Conveyance of the Red and Blue areas to MRP • Amendment to the Condomin ium Declaration • Amendments to the Lease • Additional Agreement(s) as necessary City Commission Agenda Item Report Meeting Date: July 5, 2023 Submitted by: Nkenga Payne Submitting Department: City Clerk Item Type: Ordinance Agenda Section: Subject: Agenda Item No:7. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING CITY OFFICIALS TO EFFECTUATE PROPERTY AN EXCHANGE AND CONVEYANCES BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC. (MRP) FOR THE SOUTH MIAMI PARKING GARAGE LOCATED AT 5829 SW 73rd STREET, INCLUDING: (i) CORRECTIVE DEED(S) TO CORRECT A SCRIVENERS ERROR IN THE LEGAL DESCRIPTION IN THE DEED ATTACHED AS EXHIBIT "A"; (ii) DEED(S) OF CONVEYANCE FROM THE CITY TO MRP FOR THE BLUE AND RED AREAS DEPICTED IN EXHIBIT "B" ATTACHED HERETO; (iii) ACCEPTANCE OF DEED(S) FROM MRP TO THE CITY FOR THE GREEN AREAS DEPICTED IN EXHIBIT "B" ATTACHED HERETO; (iv) AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF SOUTH MIAMI PARKING & RETAIL CONDOMINIUM; (v) AMENDMENTS TO THE LEASE AGREEMENT DATED MARCH 11, 2005, AS PREVIOUSLY AMENDED ON APRIL 5, 2022; (vi) FILING AND PERFECTING APPLICATION(S) FOR MUNICIPAL PROPERTY TAX EXEMPTIONS WITH THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE PARKING GARAGE COMPONENT OF THE PROPERTY; AND (vii) ADDITIONAL AGREEMENTS AND INSTRUMENTS, AS NEEDED; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS FOR SUCH PURPOSES, INCLUDING SURVEY COSTS, RECORDNG AND FILING FEES, DOCUMENTARY STAMPS AND TAXES, AND PREPARATION OF SUPPORTING DOCUMENTATION BY OUTSIDE CONSULTANTS AS NECESSARY; PROVIDING FOR IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 4/5 (CITY ATTORNEY) Suggested Action: Attachments: Ordinance_re_Conveyance_SR.docx Exhibit A.pdf Exhibit_B.docx MDBRAd.pdf Miami Herald Ad.pdf 1 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she Is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Dally Busineas Review f/k/a Miami Review, of Miami-Dade County, Aarlda; that the attached copy of advertisement, being a Legal Advertisement af Notk:e \n lie maim ot CllY OF SOUTH MIAMI -PUBLIC HEARING -JUL 5, 2023 fn the XXXX Court, was published In a newspaper by print In the Issues of Miami Dally Business Review f/k/a MfamJ Rovfew on 08l23l2023 Afflant further says that the newspaper comptles with an legal requirements for publication In chapter SO, Rorfda ~~~;/~ 23 day of JUNE, A.O. 2023 GUILLERMO GARCIA personally known to me SB:· ATTACHED -···--.. 12 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public heanng on Wednesday, July_5_. 202;!..fil 7:00 p.m. to consider the following public hearing ltem(s): AN ORDINANCE OF 11-iE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING CITY OFFICIALS TO EFFECTUATE PROPERTY AN EXCHANGE AND CONVEYANCES BElWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC. (MR~ FOR 11-iE SOUTH MIAMI PARKING GARAGE LOCATED AT 5829 &N 73rd STREET, INCLUDING: (i) CORRECTIVE DEED(SJ TO CORRECT A SCRIVENERS ERROR IN 11-iE LEGAL DESCRIPTION IN THE DEED ATTACHED AS EXHIBIT "A"; (II) DEED(S) OF CONVEYANCE FROM THE CITY TO MRP FOR 11-iE BLUE AND RED AREAS DEPICTED IN EXHIBIT "B' ATTACHED HERETO; Qiij ACCEPTANCE OF DEED(S) FROM MRP TO THE CITY FOR THE GREEN AREAS DEPICTED IN EXHIBIT "B" ATTACHED HERETO; · 0v) AMENDMEITTS TO THE DECLARATION OF CONDOMINIUM OF SOUTH MIAMI PARKING & RETAIL CONDOMINIUM; (v) AMENDMENTS TO THE LEASE AGREEMENT DATED MARCH 11 2005, AS PREVIOUSLY AMENDED ON APRIL 5, 2022; (vi) FILING AND PERFECTING APPLICATION(SJ FOR MUNICIPAL PROPERTY TAX EXEMPTIONS WITH THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE PARKING GARAGE COMPONENT OF THE PROPERTY; AND (vii) ADDITIONAL AGREEMENTS AND INSTRUMENTS. AS NEEDED; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS FOR SUCH PURPOSES , INCLUDING SURVEY COSTS. RECORDNG AND FILING FEES, DOCUMENTARY STAMPS AND TAXES. AND PREPARATION OF SUPPORTING DOCUMENTATION BY OUTSIDE CONSULTANTS AS NECESSARY; PROVIDING FOR IMPLEMEITTATION; CORRECTIONS; SEVERABlltTY; AND AN EFFECTIVE DATE. The hearing will be held at C~ Hall Commission Chambers, 6130 Sunset O[ive, South Mlam1 J:lorida _33143. Commission members will participate In Chambers or by video conferencing through the Zoom platfonn and members of the public may Join the meeting via Zoom at (htlps://zoom.us/Y3.056636338J, by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or In person in the Commission Chambers, and where their appearance will be b<oadcasl on the Zoom platform, and where they can participate. "Atlliiterested parties are invited lo attend and will be heard. For further Information, please contact the City Clerll's Office at 305-663-6340. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a per.;on decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which re<:(1rd 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. ADA: To request a modification lo a poficy, practice or procedure or to request an auxiliary aide or service in order to participate In a City program . activity or event, you must on or before 4:00 p.m. 3 business days before · the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340. by mail at 6130 Sunset Drive, South Miami. Florida or email at npayn e@southmiamifl.gov. 6/23 Nkenga A. Payne, CMC, FCRM Crty Clerk 23-70/0000669980M 13 SUNDAY JUN£ lS IOlJ CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notic e • hereby given that the City Commission w ill h old a public h earing o n Wed ne ,g •v Jylv 5 2023 at 7·00 p m. t o consider t he follow ing public h ear ing item(s): AN C 'l:)INANCE OF T HE CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLOR CA. AUTHORIZING CITY OFFICIALS TO EFFECTUATE PROPERTY AN EXC · A'IGE AND CONVEYANCES BETWEEN THE CITY AND MARK RI CHM AN PRO E 'HIES. INC. (MRP) FOR THE SOUT H M IAMI PARK ING GARAGE LOCATED AT 5 2) SW 73rd STREET, INCLUDING: (I) CORRE CTIVE DEED($) TO CORRECT A SC ;i 1/ENERS ERROR IN THE LEGAL DESCRIPTION IN THE DEED ATTACHED AS E <·IIB IT "A": (ii) DEED(S) OF CONVEYANCE FROM THE CITY TO MRP FOR THE B~UE AND RED AREAS DEPICTED IN EXHIBIT "B " ATTACHED HERETO; (iii) _.C:;EPTANCE OF DEED(S) FROM MRP TO THE CITY FOR THE GREEN ARE, S DEPICTED IN EXHIBIT "B" ATTACHED HERETO: (iv) AMENDMENTS TO ti~ DECLARATION OF CONDOMINIUM OF SOUTH MIAMI PARKING & RET,.IL CONDOMINIUM; (v) AMENDMENTS TO THE L EASE AGREEMENT DATTO MARCH 11 , 200 5 , AS PREVIOUSLY AMENDED O N APRIL 5, 2022: (vi) FILII G AND PERFECTING APPLICATION($) FOR MUNIC IPAL PROPERTY TAX ::<EMPTIONS WITH THE MIAMI-DADE COUNTY PROPERTY APPRAI SER FOF -H E PARKING GARAGE COMPONENT OF THE PROPERTY; AND (vii) ADO T :)NAL AGREEMENTS AND INSTRUMENTS, AS NEEDED; AUTHORIZING THE :: TY MANAGER TO EXPEND FUNDS FOR SUCH PURPOSES, INCLU DING SUfl ✓E.Y COSTS, RECORDNG AND FILING FEES, DOCUMENTARY STAMPS ANC ~AXES, AND PREPARAT ION OF SUPPORTING DOCUMENTATI ON BY OU-S JE CONSULTANTS AS NECESSARY; PROVIDING FOR IMPLEMENTATION; COP"!ECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. Th e h a ing will b e held at City Hall Comm1ssl on Chambers 6130 Sunset Drlye South Miami, Florida 33 143. Commission member s w ill participate In Chambers o r b y via o conferencing through the Z oom p la tform and members of the public may join U-~ meeting via Zoom at l https-//zoom us/j/3056636338), by phone by calling +1-78H:i3 5-1003 and entering Meeting ID: 3056636 338 w he n p rompted , or i n perso n in the C.lmmission Chambe r s, and whe r e their appearance w ill be broadcast on tho Z oom ~I ,ttorm, and where they can participate. All int.,osted parties are invited to attend and will be heard. For fu :her in formation, please contact the City Clerk's Ottice a t 305-663-6340. Pursuai it o Seciion 286.0105, Fla. Stat.. the City h ereby advises the public that if a person decides to app,t a any decision made by the Commission with respect to this matter, such person must ensure that a ve rbatim record of the proceedings is made. which record includes the testimony and e, J, nee upon which the appeal is to be based. This notice does not constitute consent by the Clly fa t e introduction or admission of otherwise i nadmissible or irrelevant evidence, nor docs It author ..:t c hallenges or appeals not o therwise allowed by law. ADA: -!quest a modification to a policy, practice or procedure o r to request an auxiliary aide or servi011 r order to participate in a City program. activity or event. you must on or before 4:00 p.m. 3 bus e .s days before the meeting (not counti ng tho day a l the meeting) d eliver your request to the er ~!erk by telephone: 305--663-6340, by mail at 6130 Sunset Drrve, South Miami. Florida o r email t payne~southmiamifl.gov. Nkeng a A. Payne, CMC, FCRM City C lerk I NEIGHBORS 19SE mD Public Hearing MIAMI DADEC COMM UNITY ZON I NG APP EAL S 0 U N T Y BOA RD 1 2 will hold a Public Hearing on the following zon ing applicatio ns on July 24 , 2023, at 6:30p.m . at Ke ndall Village Center, Civic Pav il ion, 8625 SW 124 Avenue, Mi ami, Fl. T HIS IS A N I N-PER S O N M EETI N G APPLICANT· BAPTIST HOSPITAL Of MIAM I INC -220220002 13 The application is to permit the rezoning of two parcels from RU-SA, Semi-Professional Office use to RU-4A, Hotel Apartment House Oistrict togethe r with a request lo permit th e expansion of an existing hospital onto additional property to the east. Additionally. the application seeks a modif1cation of the prior approved site plan to permit the expansion of the hospital together with variances o f the sign regulations to permit the previously approved signage onto the additional property. REQUESTS #1 & #2 ON EXHIBIT "A" (1) DISTRICT BOUNOARY CHANGE from RU-SA , Semi-Professional Office District to RU-4A, Hotel Apartment House District. (2) SPECIAL EXCEPTION to perm,t the expansion o f a previously approved hospital onto additional property to the east. REQUEST #3 THROUGH #6 ON EXHIBITS "A & B" (3) MODIFICATION of Condition No. 2 of Resolution No. 2ZAB-S51-63, passed and adopted by the Zoning Appeals Board, modified by Resolution No. Z-10-14, passed and adopted by the Board of County Commissioners, last modified by Resolution No. CZAB12-9-1 8 , passed and adopted by Community Zo ning Appeals Board #12, reading as follows: FROM: ·2. That In the approval of the plan (•Site Plan"), the same be substan tially In accordance with that submit1ed for the heanng e ntitled "Baptist Hospital of M iami, Inc.· as prepared by Perkins & Will. Sheets LA-1 .1.1-LA-1 .1.6 dated stamped received 3124/14, consisting of 6 sheets. Sheets A-1 .2.1.C-A-1 .2 .1.F dated stamped received 3/3/14, consisting of 3 sheets. Sheets A-1 .2 .1. A20.1 - A20.2 dated stamped received 12/21/17 , consisting of 3 sheets, and the remaining 75 sheets dated stamped received 2/21/14 , and sign plans entitled "Bap tist Hospital M ain Campus: Sign aQe Master Plan· as p repared by The Design Office of Steve Newmann & Fnends, LLC, dated stamped received 12/21/17, consisting of 1 1 sheets: T O: "2. T hat in the approval of the plan , the same be substantially in accordance with that submitted for the h earing entilled "Baptist Hospital of Miami, Inc: as prepared by Perkins & Will. Sheets dated stamped received 2/27/23, consisting of 49 sheets, with a cover sheet and sheets A-0 .3, A-1.3A, A-1 .3B and A -1.3C stamped received 9/28122, and landscape plans entilled "Baptist Hospital Master Plan·. as prepared by GARDNER + SEMLER LANDSCAPE ARCHITECHTURE, consisting of 10 sheets, dated stamped received 9/28122 for a total of 64 sheets." The purpose of request lfJ is lo modily the previously approved plans to allow for the expansion of the previously approved hospital onto additional property. (4) NON-USE VARIANCE lo permit 31 proposed detached Class "B" entry monument signs with an area varying from 31 sq. ft. -109 sq. ft. each (2 signs 24 sq. ft. each maximum permitted; 31 signs previously approved). (5) NON-USE VARIANCE to permit 13 proposed wall mounted signs with an area varying from 30 sq. fl. -175 sq. fl. each (2 signs 40 sq. ft. each maximum permitted ; 13 signs previously approved). (6) NON-USE VARIANCE to permit signage within the development consisting of 248 Class ·B- signs with an a rea varying from 2 sq. ft. -175 sq. ft. each. (2 detached or 2 wall signs permitted ; 248 signs previously approved ). The aforementioned plans are on file and may be examined in the Depa rtment of Regulatory a nd Economic Resources. Plans may be modified at public hearing. LOCATION: 8900 N Kendall Drive in unincorporated, Miami-Dade County, Florida SIZE OF PROPERTY: 99.68 Acres T his Is an In-person meeting. Interested parties may appear In p er son to particip ate. For in quiries regar ding virtual access, p l ease call (786) 41 4-2600. e -mai l ZDNINGmceti n gs@ miamidade.gov, o r visit our website at: https://www.m i a midade.gov/zoning/community-council -1 2.asp For legal ads online, go to http-//legalads m ramrdade gov 14 Agenda Item No:7. City Commission Agenda Item Report Meeting Date: July 5, 2023 Submitted by: Nkenga Payne Submitting Department: City Clerk Item Type: Ordinance Agenda Section: Subject: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING CITY OFFICIALS TO EFFECTUATE PROPERTY AN EXCHANGE AND CONVEYANCES BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC. (MRP) FOR THE SOUTH MIAMI PARKING GARAGE LOCATED AT 5829 SW 73rd STREET, INCLUDING: (i) CORRECTIVE DEED(S) TO CORRECT A SCRIVENERS ERROR IN THE LEGAL DESCRIPTION IN THE DEED ATTACHED AS EXHIBIT “A”; (ii) DEED(S) OF CONVEYANCE FROM THE CITY TO MRP FOR THE BLUE AND RED AREAS DEPICTED IN EXHIBIT “B” ATTACHED HERETO; (iii) ACCEPTANCE OF DEED(S) FROM MRP TO THE CITY FOR THE GREEN AREAS DEPICTED IN EXHIBIT “B” ATTACHED HERETO; (iv) AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF SOUTH MIAMI PARKING & RETAIL CONDOMINIUM; (v) AMENDMENTS TO THE LEASE AGREEMENT DATED MARCH 11, 2005, AS PREVIOUSLY AMENDED ON APRIL 5, 2022; (vi) FILING AND PERFECTING APPLICATION(S) FOR MUNICIPAL PROPERTY TAX EXEMPTIONS WITH THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE PARKING GARAGE COMPONENT OF THE PROPERTY; AND (vii) ADDITIONAL AGREEMENTS AND INSTRUMENTS, AS NEEDED; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS FOR SUCH PURPOSES, INCLUDING SURVEY COSTS, RECORDNG AND FILING FEES, DOCUMENTARY STAMPS AND TAXES, AND PREPARATION OF SUPPORTING DOCUMENTATION BY OUTSIDE CONSULTANTS AS NECESSARY; PROVIDING FOR IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 4/5 (CITY ATTORNEY) Suggested Action: Attachments: Ordinance_re_Conveyance_SR.docx Exhibit A.pdf Exhibit_B.docx MDBR Ad.pdf Miami Herald Ad.pdf 1 Page 1 of 6 ORDINANCE NO. _________________1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 SOUTH MIAMI, FLORIDA, AUTHORIZING CITY OFFICIALS TO 4 EFFECTUATE PROPERTY AN EXCHANGE AND CONVEYANCES 5 BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC.6 (MRP) FOR THE SOUTH MIAMI PARKING GARAGE LOCATED AT 7 5829 SW 73rd STREET, INCLUDING: (i) CORRECTIVE DEED(S) TO 8 CORRECT A SCRIVENERS ERROR IN THE LEGAL DESCRIPTION IN 9 THE DEED ATTACHED AS EXHIBIT “A”; (ii) DEED(S)OF 10 CONVEYANCE FROM THE CITY TO MRP FOR THE BLUE AND RED 11 AREAS DEPICTED IN EXHIBIT “B” ATTACHED HERETO; (iii) 12 ACCEPTANCE OF DEED(S) FROM MRP TO THE CITY FOR THE 13 GREEN AREAS DEPICTED IN EXHIBIT “B” ATTACHED HERETO; (iv) 14 AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF 15 SOUTH MIAMI PARKING & RETAIL CONDOMINIUM; (v) 16 AMENDMENTS TO THE LEASE AGREEMENT DATED MARCH 11, 17 2005, AS PREVIOUSLY AMENDED ON APRIL 5, 2022; (vi) FILING AND18 PERFECTING APPLICATION(S) FOR MUNICIPAL PROPERTY TAX 19 EXEMPTIONS WITH THE MIAMI-DADE COUNTY PROPERTY 20 APPRAISER FOR THE PARKING GARAGE COMPONENT OF THE 21 PROPERTY; AND (vii) ADDITIONAL AGREEMENTS AND 22 INSTRUMENTS, AS NEEDED; AUTHORIZING THE CITY MANAGER 23 TO EXPEND FUNDS FOR SUCH PURPOSES, INCLUDING SURVEY 24 COSTS, RECORDNG AND FILING FEES, DOCUMENTARY STAMPS25 AND TAXES, AND PREPARATION OF SUPPORTING 26 DOCUMENTATION BY OUTSIDE CONSULTANTS AS NECESSARY; 27 PROVIDING FOR IMPLEMENTATION; CORRECTIONS; 28 SEVERABILITY; AND AN EFFECTIVE DATE.29 30 WHEREAS, the City of South Miami (the “City”) owns and operates a parking garage 31 and retail building (the “Project”) at 5829 SW 73rd Street, South Miami, Florida (the “Property”); 32 and33 34 WHEREAS, the southwest portion of the ground floor of the Project is owned by Mark 35 Richman Properties, Inc. (“MRP”); and36 37 WHEREAS,MRP leases the ground floor retail spaces in the portion of the Project it does 38 not own pursuant to that certain Lease Agreement dated March 11, 2005 between MRP and the 39 City, as amended by that certain Amendment to Lease Agreement dated April 5, 2022 40 (collectively, the “Lease”); and41 42 WHEREAS,a portion of the Property is subject to that certain Declaration of 43 Condominium of South Miami Parking & Retail Condominium (the “Condominium Declaration”)44 recorded in Official Records Book 33507, at Page 212, of the Public Records of Miami-Dade 45 County, Florida; and46 47 2 Page 2 of 6 WHEREAS,the Condominium Declaration was entered into in order to qualify the 48 parking garage component of the Property for a municipal property tax exemption with the Miami-49 Dade County Property Appraiser (“County”) based on municipal use; and50 51 WHEREAS,a dispute has arisen between MRP and the City regarding ownership and 52 control of certain portions of the Project; and53 54 WHEREAS,MRP and the City seek to settle such dispute through the exchange of certain 55 portions or parcels of the Property for nominal consideration (the “Exchange”), as depicted in the 56 attached Exhibit “B,” including: (i) corrective deed(s) to correct a scriveners error in the legal 57 description in the deed attached as Exhibit “A”; (ii) deed(s) of conveyance from the City to MRP 58 for the blue and red areas depicted in Exhibit “B” attached hereto; (iii) acceptance of deed(s) from 59 MRP to the City for the green areas depicted in Exhibit “B” attached hereto; (iv) amendments to 60 the Declaration of Condominium of South Miami Parking & Retail Condominium; (v)61 amendments to the Lease; (vi) filing and perfecting application(s) for municipal property tax 62 exemptions with the County property appraiser for the parking garage component of the Property;63 and (vii) additional agreements and instruments, as needed to accomplish the Exchange; and 64 65 WHEREAS,Section 6(6) of Article II of the City Charter requires an ordinance to 66 authorize the conveyance of property owned by the City; and67 68 WHEREAS,the City Commission desires to authorize City Officials to execute 69 instruments to effectuate and complete the Exchange, all as deemed necessary and drafted by the 70 City Attorney, and to execute all applications and supporting documentation deemed necessary or 71 expedient by City Officials to file and perfect the municipal property tax exemption with the 72 County for applicable portions of the Project; and 73 74 WHEREAS,the City Manager is further authorized to expend funds to effectuate the 75 Exchange, including but not limited to, survey costs, filing and recording fees, documentary 76 stamps, taxes, and preparation of supporting documentation by outside consultants, as necessary; 77 and 78 79 WHEREAS,the City Commission held its first reading on this Ordinance on June 20, 80 2023 and approved it on first reading; and81 82 WHEREAS,the City Commission has conducted a duly noticed second reading and 83 public hearing on the Ordinance as required by law on ________________, 2023 and finds that 84 the authorization to convey City propertyas set forth in this Ordinance, and all other authorizations 85 to effectuate and complete the Exchange, are in the best interest of the City and its residents, and 86 necessary to accomplish the Exchange.87 88 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 89 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:90 91 Section 1. Recitals Adopted. The foregoing recitals are hereby ratified and confirmed 92 as being true and correct and are hereby made a specific part of this Ordinance upon adoption 93 hereof.94 3 Page 3 of 6 95 Section 2. Authorizing Conveyances of City Property and Exchange with MRP. The 96 City Commission hereby authorizes City Officials to effectuate the Exchange and conveyances97 between the City and Mark Richman Properties, Inc. (MRP) for the South Miami Parking Garage 98 located at 5829 SW 73rd Street, including: (i) Corrective Deed(s) to correct a scriveners error in 99 the legal description in the Deed attached as Exhibit “A”; (ii) Deed(s) of conveyance from the City 100 to MRP for the blue and red areas depicted in Exhibit “B” attached hereto; (iii) Acceptance of 101 Deed(s) from MRP to the City for the green areas depicted in Exhibit “B” attached hereto; (iv) 102 amendments to the Declaration of Condominium of South Miami Parking & Retail Condominium; 103 (v) Amendments to the Lease Agreement dated March 11, 2005, as previously amended on April 104 5, 2022; (vi) filing and perfecting application(s) for property tax exemptions with the County 105 Property Appraiser for the parking garage component of the Property; and (vii) additional 106 agreements and instruments, as needed.107 108 Section 3.Authorizationto City Officials; Implementation. City Officials (Mayor, 109 City Manager, and City Attorney) and/or designees are authorized to execute all instruments 110 necessary to effectuate and complete the Exchange and conveyances, as detailed in Section 2 111 above, and to take all action necessary to accomplish the purposes of the Ordinance. 112 113 Section 4. Authorization to City Manager to Expend Funds. The City Manager is 114 further authorized to expend funds to effectuate and complete the Exchange and conveyances, and 115 recording and filing of all instruments detailed in Section 2 above, including but not limited to,116 survey costs, filing and recording fees, documentary stamps, taxes, and preparation of supporting 117 documentation by outside consultants as necessary.118 119 Section 5. Corrections. Conforming language or technical scrivener-type corrections 120 may be made by the City Attorney for any conforming amendments to be incorporated into the 121 final resolution for signature.122 123 Section 6 Severability. If any section, clause, sentence, or phrase of this Ordinance is 124 for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 125 shall not affect the validity of the remaining portions of this Ordinance.126 127 Section 7. Effective Date.This Ordinance shall become effective immediately upon 128 adoption.129 130 PASSED AND ADOPTED on First Reading this 20th day of June, 2023.131 132 PASSED AND ADOPTED on Second Reading this ____ day of _____________, 2023.133 134 135 ATTEST:APPROVED:136 137 ___________________________________________138 CITY CLERK MAYOR139 140 4 Page 4 of 6 READ AND APPROVED AS TO FORM,COMMISSION VOTE ON FINAL 141 ADOPTION:142 LANGUAGE, LEGALITY, AND Mayor Javier Fernandez:143 EXECUTION THEREOF Vice Mayor Lisa Bonich:144 Commissioner Steve Calle:145 Commissioner Brian Corey:146 _______________________ Commissioner Josh Liebman:147 Weiss Serota Helfman Cole & Bierman, P.L.148 CITY ATTORNEY149 150 First Reading: 151 Moved By: Commissioner Liebman152 Seconded By: Commissioner Calle153 154 Second and Final Reading: 155 Moved By: 156 Seconded By: 157 158 5 Page 5 of 6 EXHIBIT “A” 159 160 DEED 161 162 6 Page 6 of 6 EXHIBIT ‘B” 163 164 THE EXCHANGE 165 7 12/29/22, 2:32 PMPDF.js viewer Page 1 of 3https://onlineservices.miami-dadeclerk.com/OfficialRecords/pdfjsviewer/web/viewer.html 8 111111111111111111111111111111111111111111111 Prc;par:ed by and return to: Rafael A. Perez. Esq. McArdJe & Perez. P.A. 201 Alhambra Circle Suite 711 Coral Gables, FL 33134 305--442-2214 File Number: MRPOl.0lP Will Call No.: CFN 200SR0610990 OR Bk 26495 p95 3644 -3645; (2P9S) RECOROEO 07/25/2008 11:55:45 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA __________________ _.Space Above This Line For Recording Data] _________________ _ Special Warranty Deed This Special Warranty Deed made effective as of the 7th day of .June, 2002 between Mark Richman Properties, Inc., a Florida corporation whose post office address is 18500 N.E. 5th Avenue, Miami. FL 33133, grantor, and City of South Miami, a duly constituted municipality under the law• of the State of Florida whose post office address is 6130 Sunset Drive. South Miami. FL , grantee: (Whenever used herein the terms grantor and grantc,c include all the parties to this instnuncnt and the heirs, 1-1 represcnbltives. and assigns of individuals, and the succcsaors and assigns of corporations, trusts and truatccs) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and 88Signs forever, the following descnbcd land, situate, lying and being in Miami-Dade County, Florida, to-wit: Lot 36, leu the North 11 2/3 feet and Lot 37, also leH the South 10 feet of Lot 37 and the West 5 feet of Lots 36 and 37 for Street widening, W.A. LARKINS SUBDIVISION, according to the map or plat thereof, recorded in Plat Book 3, Pace 198, of the Public Record ■ of Miami-Dade County, Florida. Less and except therefrom that portion of said lands lylne below elevation 18.00" (NGVD29). Parcel Identification Number: 09-4036-022-0260 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywiae appertaining. To Have and to Hold, the S8Dle in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully s eized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the S8Dle against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. 4-> DoubleTlm- 12/29/22, 2:32 PMPDF.js viewer Page 2 of 3https://onlineservices.miami-dadeclerk.com/OfficialRecords/pdfjsviewer/web/viewer.html 9 Signed, sealed and delivered in our presence: Witness ame : ----:------------ Rafael A. Perez State of Florida County of Miami-Dade OR BK 26495 PG 3645 LAST PAGE ::t©.ZTC~6131Y}z;~n~s Mark Ric hman, President r1 l (Corporate Seal) The foregoing instrument was acknowledged before m e this 23rd day of July, 2008 by Marie Richman, President of Mark Richman Properties, Inc., a Florida corporation, on behalf of the corporation. He/she LJ i s personally known to me or [X] bas produced a driver's license as identification. [Notary Seal] NOTARY PL"BUC-STATE OP FLORIDA ··••""•··-.. Rafael A. Perez {.)Commission# DD682673 .......... Expires: AUG. 13, 2011 BOND&D THRl1 ATI..\HTIC: -».IHO CO., .IHC. S~cial Warranty Dee d -Page 2 ~ ._g_ CQ. NotaryP Printed Name: My Commission Expires: DoubleTim- 12/29/22, 2:32 PMPDF.js viewer Page 3 of 3https://onlineservices.miami-dadeclerk.com/OfficialRecords/pdfjsviewer/web/viewer.html 10 Exhibit B The Exchange The proposed Exchange involves: Correc?ve instruments for the yellow por?on of the Property Conveyance of the Green Areas to the City Conveyance of the Red and Blue areas to MRP Amendment to the Condominium Declara?on Amendments to the Lease Addi?onal Agreement(s) as necessary 11 12 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review ffk/a Miami Review, of Miami-Dade County, Florida; that the attached copy of advertisement, being a legal Advertisement of Notice in the matter ol CITY OF SOUTH MIAMI -PUBLIC HEARING -JUL. 5, 2023 in the XXXX Court, was published in a newspaper by print in the issues of Miami Daily Business Review tfkla Miami Review on 06123/2023 Afflant further says that the newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. C. ~;,ef4z£ 23 day of JUNE, A.D. 2023 GUILLERMO GARCIA personally known to me ....... ,, _.--i:~J-~,:~i·-. ROSANA SALGADO {~(-tt.:t~) ~o~mlssion # HH 3~€:987 ·?f~or· Expires November 30, 2026 ........ , g£· ATTACHED 13 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Comm ission will hold a public hearing on Wednesda Jul 5 2023 at 7:00 .m. to consider the following public hearing item{s): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA , AUTHORIZING CITY OFFICIALS TO EFFECTUATE PROPERTY AN EXCHANGE AND CONVEYANCES BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC. (MAP FOR THE SOUTH MIAMI PARKING GARAGE LOCATED AT 5829 SW 73rd STREET, INCLUDING: {Q CORRECTIVE DEED{S) TO CORRECT A SCRIVENERS ERROR IN THE LEGAL DESCRIPTION IN THE DEED ATTACHED AS EXHIBIT 'A"; {ii) DEED(S) OF CONVEYANCE FROM THE CITY TO MAP FOR THE BLUE AND RED AREAS DEPICTED IN EXHIBIT 'B' ATTACHED HERETO; (iii) ACCEPTANCE OF DEED(S) FROM MAP TO THE CITY FOR THE GREEN AREAS DEPICTED IN EXHIBIT "B ' ATTACHED HERETO; · (iv) AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF SOUTH MIAMI PARKING & RETAIL CONDOMINIUM; (v) AMENDMENTS TO THE LEASE AGREEMENT DATED MARCH 11 , 2005, AS PREVIOUSLY AMENDED ON. APRIL 5, 2022; (vi) FILING AND PERFECTING APPLICATION(S) FOR MUNICIPAL PROPERTY TAX EXEMPTIONS WITH THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE PARKING GARAGE COMPONENT OF THE PROPERTY; AND (viQ ADDITIONAL AGREEMENTS AND INSTRUMENTS, AS NEEDED; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS FOR SUCH PURPOSES, INCLUDING SURVEY COSTS, RECORDNG AND FILING FEES , DOCUMENTARY STAMPS AND TAXES, AND PREPARATION OF SUPPORTING DOCUMENTATION BY OUTSIDE CONSULTANTS AS NECESSARY; PROVIDING FOR IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. The hearing will be held at c· Hall Commission Chambers._§_130 Sunset Drive South Miami Florida 33143. Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (!:!!!P.s://zoom.usfJJ'.3 056636338). by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. """Al in erested parties are invited to attend and will be heard . For further information, please contact the City Clerk's Office at: 305-663--6340. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter, 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 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. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before · the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340. by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. 6/23 Nkenga A. Payne, CMC, FCRM City Clerk 23-70/0000669980M .. SUNDAY JUNE 25 2023 NEIGHBORS ...................................................................................................19SE 14 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Wednesday. July 5, 2023, at 7:00 p.m. to consider the following public hearing item(s): AN ORDINANCE OF THE CITY COMMISSION OF THE C ITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING CITY OFFICIALS TO EFFECTUATE PROPERTY AN EXCHANGE AND CONVEYANCES BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC. (MRP) FOR THE SOUTH MIAMI PARKING GARAGE LOCATED AT 5829 SW 73rd STREET, INCLUDING: (i ) CORRECTIVE DEED(S) TO CORRECT A SCRIVENERS ERROR IN THE LEGAL DESCRIPTION IN THE DEED ATTACHED AS EXHIBIT "A"; (ii) DEED(S) OF CONVEYANCE FROM THE CITY TO MRP FOR THE BLUE AND RED AREAS DEPICTED IN EXHIBIT "8 " ATTACHED HERETO; (i ii) ACCEPTANCE OF DEED(S) FROM MRP TO THE CITY FOR THE GREEN AREAS DEPICTED IN EXHIBIT "B " ATTACHED HERETO; (iv) AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OF SOUTH MIAMI PARKING & RETAIL CONDOMINIUM; (v) AMENDMENTS TO THE LEASE AGREEMENT DATED MARCH 11, 2005, AS PREVIOUSLY AMENDED ON APRIL 5 , 2022; (vi) FILING AND PERFECTING APPLICATION(S) FOR MUNICIPAL PROPERTY TAX EXEMPTIONS WITH THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE PARKING GARAGE COMPONENT OF THE PROPERTY; AND (vii) ADDITIONAL AGREEMENTS AND INSTRUMENTS, AS NEEDED; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS FOR SUCH PURPOSES, INCLUDING SURVEY COSTS, RECORDNG AND FILING FEES, DOCUMENTARY STAMPS AND TAXES, AND PREPARATION OF SUPPORTING DOCUMENTATION BY OUTSIDE CONSULTANTS AS NECESSARY; PROVIDING FOR IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. The hearing will be held at City Hall Commission Chambers, 6130 Sunset Drive, South Miami, Florida 33143 . Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom .us/j/3056636338), by phone by calling +1-786-635-1003 and entering Meeting ID : 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. All interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Pursuant to Section 286.0105, Fla . Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter, 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 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. ADA : To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m . 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone : 305-663-6340, by mail at 6130 Sunset Drive , South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk .-II Public Hearing MIAMI DADECOUNTY COMMUNITY ZONING APPEALS BOARD 12 will hold a Public Hearing on the following zoning applications on July 24, 2023, at 6:30p.m. at Kendall Village Center, Civic Pavilion, 8625 SW 124 Avenue, Miami, Fl. THIS IS AN IN-PERSON MEETING APPLICANT: BAPTIST HOSPITAL Of MIAMI, INC, -22022000213 The application is to permit the rezoning of two parcels from RU-5A, Semi-Professional Office use to RU-4A, Hotel Apartment House District together with a request to permit the expansion of an existing hospital onto additional property to the east. Additionally, the application seeks a modification of the prior approved site plan to permit the expansion of the hospital together with variances of the sign regulations to permit the previously approved signage onto the additional property . REQUESTS #1 & #2 ON EXHIBIT "A" (1) DISTRICT BOUNDARY CHANGE from RU-5A, Semi-Professional Office District to RU-4A, Hotel Apartment House District. (2) SPECIAL EXCEPTION to permit the expansion of a previously approved hospital onto additional property to the east. REQUEST #3 THROUGH #6 ON EXHIBITS "A & B" (3) MODIFICATION of Condition No . 2 of Resolution No. 2ZAB-551-63, passed and adopted by the Zoning Appeals Board, modified by Resolution No. Z-10-14, passed and adopted by the Board of County Commissioners, last modified by Resolution No . CZAB12-9-18, passed and adopted by Community Zoning Appeals Board #12, reading as follows: FROM : "2 . That in the approval of the plan ("Site Plan"), the same be substantially in accordance with that submitted for the hearing entitled "Baptist Hospital of Miami, Inc." as prepared by Perkins & Will. Sheets LA-1.1.1-LA-1.1 .6 dated stamped received 3/24/14 , consisting of 6 sheets . Sheets A-1 .2 .1.C-A-1 .2 .1.F dated stamped received 3/3/14, consisting of 3 sheets . Sheets A-1 .2 .1, A.20 .1 - A20.2 dated stamped received 12/21/17, consisting of 3 sheets, and the remaining 75 sheets dated stamped received 2/21/14, and sign plans entitled "Baptist Hospital Main Campus: Sign age Master Plan" as prepared by The Design Office of Steve Newmann & Friends, LLC , dated stamped received 12/21/17, consisting of 11 sheets ." TO: "2 . That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Baptist Hospital of Miami, Inc." as prepared by Perkins & Will. Sheets dated stamped received 2/27/23, consisting of 49 sheets , with a cover sheet and sheets A-0.3 , A-1 .3A, A-1 .3B and A-1.3C stamped received 9/28/22 , and landscape plans entitled "Baptist Hospital Master Plan", as prepared by GARDNER + SEMLER LANDSCAPE ARCHITECHTURE, consisting of 10 sheets , dated stamped received 9/28/22 for a total of 64 sheets ." The purpose of request #3 is to modify the previously approved plans to allow for the expansion of the previously approved hospital onto additional property . (4) NON-USE VARIANCE to permit 31 proposed detached Class "B" entry monument signs with an area varying from 31 sq. ft . -109 sq . ft . each (2 signs 24 sq. ft . each maximum permitted ; 31 signs previously approved). (5) NON-USE VARIANCE to permit 13 proposed wall mounted signs with an area varying from 30 sq . ft . -175 sq . ft . each (2 signs 40 sq . ft . each maximum permitted ; 13 signs previously approved). (6) NON-USE VARIANCE to permit signage within the development consisting of 248 Class "B" signs with an area varying from 2 sq. ft . -175 sq. ft . each . (2 detached or 2 wall signs permitted ; 248 signs previously approved). The aforementioned plans are on file and may be examined in the Department of Regulatory and Economic Resources . Plans may be modified at public hearing . LOCATION : 8900 N Kendall Drive in unincorporated , Miami-Dade County, Florida SIZE OF PROPERTY: 99 .68 Acres This is an in-person meeting. Interested parties may appear in person to participate. For inquiries regarding virtual access, please call (786) 414-2600, e-mail ZONINGmeetings@ miamidade.gov, or visit our website at: https://www .miamidade.gov/zoning/community-council-12.asp For legal ads online, go to http://legalads.miamidade.gov