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RESOLUTION APPROVING TERMS OF TWO DECLARATIONS OF RESTRICTIVE COVENANTS ON VIZCAYA MUSEUM AND GARDENS (�VIZCAYA�), LOCATED AT 3251 SOUTH MIAMI AVENUE, MIAMI, FL 33129, IN FAVOR OF THE FLORIDA STATE HISTORIC PRESERVATION OFFICE FOR THE FOLLOWING PURPOSES: (1) THE PRESERVATION OF VIZCAYA�S SUPERINTENDENT�S HOUSE FOR A TERM OF 15 YEARS IN EXCHANGE FOR A FEDERAL SAVE AMERICA�S TREASURES GRANT IN THE AMOUNT OF $500,000.00; AND (2) THE PRESERVATION OF THE VIZCAYA MAIN HOUSE SWIMMING POOL GROTTO FOR A TERM OF 20 YEARS IN EXCHANGE FOR A FEDERAL SAVE AMERICA�S TREASURES GRANT IN THE AMOUNT OF $750,000.00; RESCINDING RESOLUTION NO. R-983-24 TO REFLECT NEW TERMS OF THE DECLARATION OF RESTRICTIVE COVENANT FOR THE PRESERVATION OF THE SUPERINTENDENT�S HOUSE; AND AUTHORIZING AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE DECLARATIONS OF RESTRICTIVE COVENANTS FOR AND ON BEHALF OF MIAMI-DADE COUNTY, EXERCISE ALL PROVISIONS CONTAINED THEREIN AND RECORD SAME IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. This Board ratifies and adopts the matters set forth in the accompanying justification memorandum as if fully set forth herein.

Section 2. This Board approves the terms of two Declarations of Restrictive Covenants on Vizcaya Museum and Gardens (�Vizcaya�), located at 3251 South Miami Avenue, Miami, Florida 33129, in favor of the Florida State Historic Preservation Office, in substantially the forms attached to the accompanying memorandum (�Declarations�) as Exhibits A and B for the following purposes: (a) to preserve the Superintendent�s House at Vizcaya for a term of 15 years in exchange for a Save America�s Treasures grant, administered by the National Park Service of the United States in the amount of $500,000.00; and (b) to preserve the swimming pool grotto at Vizcaya for a term of 20 years in exchange for a Federal Save America�s Treasures grant administered by the National Park Service and appropriated from the Historic Preservation Fund in the amount of $750,000.00.

Section 3. This Board rescinds Resolution No. R-983-24 to reflect the new Declaration of Restrictive Covenant to preserve the Superintendent�s House at Vizcaya as provided for in section 2(a).

Section 4. This Board authorizes the County Mayor or County Mayor�s designee to: (a) execute the Declarations of Restrictive Covenants in substantially the forms attached to the accompanying memorandum as Exhibits A and B for and on behalf of Miami-Dade County; (b) exercise all provisions contained therein; (c) record the Declarations in the public records of Miami-Dade County; and (d) provide a recorded copy to the Clerk of the Board within 30 days of the execution of said instruments and further directs the Clerk of the Board to permanently store the recorded copies along with this resolution. This Board further authorizes the County Mayor or County Mayor�s designee, upon a determination that such actions are in the best interest of the County, to modify the terms of the Declarations so long as such modifications are approved by the County Attorney�s Office and are not substantially inconsistent with this resolution. The County Mayor or County Mayor�s designee shall be required to seek Board approval for any approvals, consents, actions, events or undertakings that would create a financial obligation, cost or expense to the County beyond those set forth in and specifically identified in the Declarations.

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Date:
To: Honorable Chairman Anthony Rodr�guez
and Members, Board of County Commissioners
From: Daniella Levine Cava
Mayor
Subject: Execution and Recordation of two Declarations of Restrictive Covenants for buildings on the County-owned Vizcaya Museum and Gardens property

STAFF RECOMMENDATION
Executive Summary
This item is requesting that the Board of County Commissioners (Board) approve the terms of and grant the County Mayor or the County Mayor�s designee the authority to execute the following Declarations of Restrictive Covenants on Vizcaya Museum and Gardens:

� In support of a $500,000 grant (P20AP00365) from the National Park Service of the United States Department of the Interior appropriated from the Historic Preservation Fund for the Save America�s Treasures Grant Program, to support the preservation of the property�s Superintendent�s House, for a term of fifteen years, which will be recorded by the Miami-Dade County Clerk of Courts.
� In support of a $750,000 grant (P24AP01661-00) from the National Park Service of the United States Department of the Interior appropriated from the Historic Preservation Fund for the Save America�s Treasures Grant Program, to support the conservation of the property�s Swimming Pool Grotto, for a term of twenty years, in favor of the Florida State Historic Preservation Office, which will be recorded by the Miami-Dade County Clerk of Courts.

The item also serves to rescind Resolution No. R-983-24 to reflect new terms of a Declaration of Restrictive Covenant provided by the nonprofit entity. Resolution No. R-983-24 was in support of the $500,000 grant (P20AP00365) to support the preservation of the property�s Superintendent�s House and was previously approved at the Board�s November 6, 2024 meeting. However, Resolution No. R-983-24 included an incorrect and outdated form for the restrictive covenant provided by the nonprofit entity.

Recommendation
It is recommended that the Board of County Commissioners approve the terms of and grant the County Mayor or the County Mayor�s designee the authority to execute the Declarations of Restrictive Covenants on Vizcaya Museum and Gardens (Vizcaya) as they are required by the funding agencies as conditions of Vizcaya Museum and Gardens Trust, Inc.�s (the Trust) receipt of the grants, which will be used as follows:

� P20AP00365. This $500,000 grant will be used to support the preservation of the property�s Superintendent�s House, which is important culturally, historically and architecturally and is a contributing resource to Vizcaya�s National Historic Landmark designation.
� P24AP01661-00. This $750,000 grant will be used to support the conservation of the property�s Main House Swimming Pool Grotto and ceiling mural by Robert Winthrop Chanler, including stabilization of the Living Room floor above the Grotto. The Main House is the primary contributing resource to Vizcaya�s National Historic Landmark designation and the Grotto is a significant feature within it.

It is further recommended that the Board rescind Resolution R-983-24 approved at the November 6, 2024 Board of County Commissioners meeting to reflect the new restrictive covenant provided by the nonprofit entity for P20AP00365.

Scope
The impact of this agenda item is countywide. Vizcaya Museum and Gardens is located at �3251 South Miami Avenue Miami, FL 33129, which is in County Commission District 7, represented by Commissioner Raquel A. Regalado.

Fiscal Impact/Funding Source
The County owns the land and buildings that make up the Vizcaya Museum and Gardens and has an Operating and Management Agreement with Vizcaya Museum and Gardens Trust, Inc. to operate and maintain the facility. The grants require matching funds, which will be provided as follows:
� P20AP00365 for the Superintendent�s House: $500,000 in matching funds will be provided by the Trust through County Building Better Communities General Obligation Bond (BBC GOB) funds, GOB Project # 290-3002048.
� P24AP01661-00 for the Main House Swimming Pool Grotto: $750,000 in matching funds will be provided by the Trust through County Countywide Infrastructure Investment Program (CIIP) funds, CIIP Project #3.

Match funding is allocated for Vizcaya Museum and Gardens and included in the FY 2025-26 Adopted Budget and Multi-Year Capital Plan under program # 709910. Refer to the table below for additional information.

Revenue Name Budget Reference Fund Code Revenue Amount
� BBC GOB Financing
� CIIP Program Financing � FY 2025-26 Adopted Budget Volume and Multi-Year Capital Plan, Volume 2, page 191 � CBH13
� CO080 � $2,000,000
� $4,753,000

Delegation of Authority
The County Mayor or Mayor�s designee is delegated the authority to execute the restrictive covenants and to take all actions to comply with the requirements of the grant agreement and the purpose for which the funds were granted to the Trust.
Track Record/Monitor
The Trust will oversee the implementation, compliance, and the use of the grant funds. The Miami-Dade County Department of Cultural Affairs (Department), led by Interim Director Ashlee Thomas, is managing the BBC GOB and CIIP allocations to Vizcaya. Both the Department and the Trust have track records of successfully implementing grants and capital projects.

Background
In 1952 and 1955, the heirs of James Deering conveyed Vizcaya�s Main House, Gardens and the Vizcaya Village to Miami-Dade County. For several decades, Vizcaya was operated as a subdivision of the County�s Parks and Recreation Department, steered through a Policy Committee. Following Vizcaya�s achievement of accreditation by the American Alliance of Museums and its designation as a National Historic Landmark in 1998, the Board passed Ordinance 98-112, making Vizcaya a freestanding County agency. Vizcaya later engaged in a strategic planning process that resulted in the recommendation for Vizcaya to advance its role as a vital community resource by streamlining its operations through a dedicated nonprofit structure to strengthen Vizcaya�s capabilities of raising private-sector support and facilitating enhancements to its preservation and educational programming. In 2017, the Board passed Ordinance 17-42 approving an Operating and Management Agreement between Miami-Dade County and the Vizcaya Museum and Gardens Trust, Inc., a Florida nonprofit corporation, for the operation of Vizcaya. Section B.4 of the Operating and Management Agreement requires the Trust to be responsible for securing public and private funds to help pay for operational and capital expenses, with the intent that the Trust�s increased fundraising is an explicit goal of the Agreement. To that end, the Trust regularly seeks Federal, State and Foundational grant support, including the below grants from the National Park Service of the United States Department of the Interior, for which these Declarations of Restrictive Covenants are a grant requirement.

� Grant #P20AP00365: The Trust applied for and was awarded financial assistance from the National Park Service of the United States Department of the Interior appropriated from the Historic Preservation Fund for the Save America�s Treasures Grant Program in the amount of $500,000.00. At the November 6, 2024 Board of Commissioners Meeting via Resolution R-983-24, the Board approved the restrictive covenant agreement with the Florida State Historic Preservation Office entered into for the purpose of preserving the Vizcaya Museum and Gardens Superintendent�s House for fifteen (15) years as a condition of eligibility for this grant. An updated and corrected grant agreement provided by the nonprofit entity is included as Attachment A herein.

� Grant #P24AP01661-00: The Trust applied for and was awarded financial assistance from the National Park Service of the United States Department of the Interior appropriated from the Historic Preservation Fund for the Save America�s Treasures Grant Program in the amount of $750,000.00. The restrictive covenant agreement with the Florida State Historic Preservation Office is entered into for the purpose of preserving the Vizcaya Museum and Gardens Swimming Pool Grotto for twenty (20) years as a condition of eligibility for this grant and is included as Attachment B herein.

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Jimmy Morales
Chief Operating Officer