A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE FISHER ISLAND TERMINAL IMPROVEMENTS MAINTENANCE MEMORANDUM OF AGREEMENT, BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, CONVEYING FULL MAINTENANCE RESPONSIBILITIES TO THE CITY FOR THE IMPROVEMENTS ON THE SOUTH SIDE OF STATE ROAD A1A, COMMONLY REFERRED TO AS THE MACARTHUR CAUSEWAY, AND THE ACCESS ROAD EAST OF BRIDGE ROAD TO THE WEST END OF EAST CHANNEL BRIDGE ABUTTING 112 MACARTHUR CAUSEWAY; WHICH MAINTENANCE RESPONSIBILITIES HAVE BEEN TRANSFERRED AND ASSIGNED TO FISHER ISLAND COMMUNITY ASSOCIATION, THE CITY AND THE ASSOCIATION HAVING ALREADY EXECUTED A DECLARATION OF RESTRICTIVE COVENANTS IN FAVOR OF THE CITY TRANSFERRING AND ASSIGNING RESPONSIBILITY TO THE FISHER ISLAND COMMUNITY ASSOCIATION OF THE IMPROVEMENTS, OBLIGATIONS, MAINTENANCE, AND COSTS ASSOCIATED WITH THE MAINTENANCE MEMORANDUM OF AGREEMENT.

In order to comply with City Code regulations, the Fisher Island Community Association (the "Owner") has requested to install improvements, including surface paving materials and landscaping (the “Improvements”), in the public rights-of-way adjacent to the Property (112 MacArthur Causeway).

The Improvements are required to be in accordance with the plans reviewed and conditionally approved by City's staff, Planning Board (PB File No. 2100), Design Review Board (DRB File No. 22974), Board of Adjustment (BOA File No.3677) (collectively the “Conditional Use Approvals”), and FDOT Permit Numbers 2019-A-691-00001, 2018-C-690-013, 2017-D-690-015, and 2019-L-691-00020 (collectively the “FDOT Permits”), entitled "Fisher Island Terminal Prepared for FICA", prepared by Kimley Horn and Associates, Inc. dated December 8, 2016 and through the October 21, 2019 revisions, (the "Plan").

The Owner has applied to the Public Works Department for permission to install the Improvements within the public rights-of-way of the south side of MacArthur Causeway and the access road east of Bridge Road to the west end of East Channel Bridge abutting the Property, according to the Plan.

The MacArthur Causeway and the access road east of Bridge Road fall within the jurisdiction of the Florida Department of Transportation (FDOT), and certain additional portions of MacArthur Causeway abutting the Property identified by Miami-Dade County Folio Nos. 02-4204-000-0045 and 02-4204-000-030 are owned by the City of Miami Beach. In order to install the Improvements approved under the Conditional Use Approvals and FDOT Permits along the MacArthur Causeway, FDOT policy requires that the City enter into the Maintenance Memorandum Agreement (MMOA), which would convey maintenance responsibilities for the enhanced features installed along the right-of-way to the City after the Project is installed. In conjunction with the approval process of the enhanced right-of-way and landscaping features, the City requires the Owner to execute a declaration of restrictive covenants (the “Declaration”), to ensure maintenance and reimbursement to the City of any costs incurred due to the installation and maintenance of the enhanced landscaping abutting the Property.

The Owner has obtained approval from the City for the Improvements and upon approval of the MMOA will record the Declaration. Per the Declaration, the Owner will be responsible to perform the maintenance obligations pursuant to the MMOA, together with any costs the City may incur to maintain the south side of the MacArthur Causeway and the access road east of Bridge Road to the west end of the East Channel bridge pursuant to the MMOA.

This Declaration is consistent with the requirements of Section 98-166 of the City Code, for the Owners to maintain the sidewalks and landscaping fronting the above referenced Property.

Results from the 2019 Resident Survey show that 47% of residents rated Capital Improvement Projects related to roadway pavement improvements being most important to them.  And 35.1% were very willing or willing to pay more taxes for the City to set aside funding to maintain assets such as buildings, roads, streets, sidewalks and vehicles.  In order to continue maintaining excellent standards in this area, the City plans to approve and authorize the Fisher Island Terminal improvements MMOA.