C7G - Approve Padel Courts at 5th & Alton

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THAT CERTAIN DECLARATION OF 5TH & ALTON CONDOMINIUM (5TH & ALTON CONDOMINIUM) BETWEEN THE CITY AND FIFTH & ALTON (EDENS), LLC, WHICH CONDOMINIUM INCLUDES A PARKING GARAGE WITH PARKING SPACES OWNED BY THE CITY (“CITY SPACES”) AND PARKING SPACES OWNED BY EDENS (“DEVELOPER SPACES”); SAID AMENDMENT (I) APPROVING THE DEVELOPMENT OF UP TO TEN (10) PADEL COURTS AND RELATED CLUBHOUSE OR AMENITY STRUCTURE NOT HAVING MORE THAN 2,000 SQUARE FEET, FOR THE SALE OF PADEL-RELATED MERCHANDISE AND EQUIPMENT AND OFFERING FOOD AND BEVERAGES OVER DEVELOPER SPACES LOCATED ON THE 7TH FLOOR LEVEL OF THE GARAGE (“PADEL BALL DEVELOPMENT”), SUBJECT TO EDENS SECURING ALL REQUIRED REGULATORY APPROVALS; (II) REDESIGNATING SIXTY-TWO PARKING SPACES ON THE 7TH FLOOR LEVEL OF THE PARKING GARAGE, SO THAT THE CITY WILL OWN THIRTY-ONE PARKING SPACES WHICH WERE PREVIOUSLY OWNED BY EDENS AND EDENS WILL OWN THIRTY-ONE PARKING SPACES WHICH WERE PREVIOUSLY OWNED BY THE CITY SO THAT THE PADEL BALL DEVELOPMENT MAY BE CONSTRUCTED COMPLETELY OVER DEVELOPER SPACES, WITH THE PROCEEDS FROM THE OPERATION INCLUDED IN THE PARKING REVENUES FOR THE GARAGE; FURTHER, AUTHORIZING THE CITY MANAGER TO FINALIZE THE AMENDMENT; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AMENDMENT, ANY DEEDS RELATED TO THE EXCHANGE OF PARKING SPACES IN THE GARAGE, AND ANY OTHER DOCUMENTS OR AGREEMENTS RELATED TO THIS MATTER.