TCH 500 Alton, LLC. (the "Developer"), as successor-in-interest to South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, 1220 Sixth, LLC, and KGM Equities, LLC., is the owner of the property located at 500 Alton Road. The Developer intends to develop the property with a mixed-use residential and commercial development.
The Developer has obtained certain approval from the City in connection with the redevelopment of the property located at 500 Alton Road. The City, under permit numbers 2022-L-691-00015, 2021-A-691-00003, 2021-D-691-00002 and 2021-K-691-00004, requested that the owners install and maintain landscape, irrigation, bonded aggregate surfaces, pavers, and pigmented sidewalks on the property along a portion of State Road (SR) 907 (Alton Road) and SR-A1A (MacArthur Causeway) (5th Street), in accordance with all applicable department guidelines, standards, and procedures, and the “Maintenance Rating Program” of the International Society of Arboriculture standards, guidelines and procedures.
In addition to adherence to the approved site plans, the City will require the Developer to execute a Declaration of Restrictive Covenants and Maintenance Agreement, regarding its responsibility to adequately maintain the Improvements required by the development approvals and as required by FDOT, at no cost to the City.
The Developer 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) 907 (Alton Road) and SR-A1A (MacArthur Causeway) (5th Street).
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 hereto.
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 then relies upon the Covenants to assign the maintenance responsibility to the private property owner. The City has executed several similar agreements in the past where landscape and nonstandard materials have been installed.