The Applicant, The Fifth Hotel LLC, a Delaware limited liability company, is the owner of the property located at 803 5^th Street, as identified by Miami-Dade County Folio No. 02-4203-009-4970 (Property).

The owner has obtained certain approval from the City in connection with the redevelopment of the property as a hotel development (the “Development”).  The City, under permit BC1807826, requested that the owner install landscaping in the public right-of-way in connection with the Development.

The City is requiring that the Owner, design, construct, and install landscaping and associated improvements on the Property and in certain portions of the public right-of-way abutting the Property, in accordance with the Hardscape Plan, Planting Plan, Plant List and Specifications, Irrigation Plan, Irrigation Specifications, and Lighting Plan (collectively, the “Improvements”).  In addition to adherence to the approved site plans, the City will require the Owner to execute a Declaration of Restrictive Covenants Concerning Improvements in Public Right-Way, regarding their responsibility to adequately maintain the Improvements required by the development approvals and as required by FDOT, at no cost to the City.

The Owner has applied to the City for permission to install the Improvements within the right-of-way, which extend into the Florida Department of Transportation's (FDOT) jurisdiction along a portion of State Road (SR) A1A (5^th Street), just west of Meridian Avenue, which is located within City Limits.

In order for FDOT to approve the issuance of the required permits for the project, FDOT is requesting that the City be responsible for the maintenance of the improvements via a Maintenance Memorandum of Agreement (MMOA), attached as Exhibit "A".  The City, has drafted design plans for improvements along SR-A1A (5th Street), just west of Meridian Avenue.  A copy of the landscape plans and the removal/relocation permit are attached hereto as Exhibit "B".  The landscape improvements along SR-A1A, inside the City's ROW, within the project limits.

FDOT will approve the permits for the proposed improvements, as long as the City agrees to execute an MMOA with FDOT, accepting full maintenance responsibility for the area.  The City has executed several similar agreements in the past where landscape and nonstandard materials have been installed.

Results from the 2019 Resident Survey related to perception satisfaction of the City show that 79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to live; and 70% were very satisfied/satisfied with the overall image of the City.  In order to continue maintaining excellent standards in this area, the City recommends approving the MMOA with FDOT.