A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A SUBORDINATION AGREEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT “1” RELATING TO THE CITY’S INTEREST IN AN EASEMENT LOCATED WITHIN THE MOUNT SINAI MEDICAL CENTER PROPERTY, HAVING AN EASEMENT AREA OF APPROXIMATELY 1,291 SQUARE FEET, PURSUANT TO THAT CERTAIN UTILITY EASEMENT AGREEMENT FROM MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC. TO THE CITY, RECORDED IN OFFICIAL RECORDS BOOK 32516, PAGE 1906, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; SAID SUBORDINATION AGREEMENT GRANTING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) A SUPERIOR INTEREST IN THE USE OF APPROXIMATELY 163 SQUARE FEET OF THE EASEMENT AREA (SUBORDINATE EASEMENT AREA) IN THE EVENT OF A CONFLICT BETWEEN THE CITY AND FDOT FACILITIES; SAID SUBORDINATE EASEMENT AREA DESCRIBED AS PARCEL 803.9, LOCATED WITHIN THE MOUNT SINAI MEDICAL CENTER PROPERTY, IN A PORTION OF LOT 41, BLOCK 1, OF NAUTILUS SUBDIVISION OF THE MIAMI BEACH BAY SHORE CO. MIAMI BEACH, FLA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING  IN SECTION 22, TOWNSHIP 53 SOUTH, RANGE 42 EAST, AS MORE PARTICULARLY DESCRIBED IN THE SUBORDINATION AGREEMENT, TO BE USED BY FDOT FOR THE PURPOSE OF INSTALLING AND MAINTAINING PART OF A CHANNELIZATION ISLAND; AND FURTHER AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE SUBORDINATION AGREEMENT.

FDOT is planning to reconstruct Alton Road from 43rd Street to 48th Street, including but not limited to raising the elevation of the road, installing major drainage improvements; and providing above ground enhancement such as lighting, signing, markings, etc.

On October 26, 2022, the City Commission approved Resolution 2022-32358 to enter into a Memorandum of Agreement (MOA) with FDOT and to commit FDOT to undertake the design and construction of certain City-owned utility and transportation facilities, as part of the Alton Road Reconstruction Project, from Michigan Avenue to 43^rd Street. 

Likewise, City staff will be seeking City Commission approval for the Alton Road MOA segment from 43^rd Street to 48^th Street.  FDOT is expected to begin construction of the Alton Road Reconstruction Project from 43^rd Street to 48^th Street in the year 2027.

FDOT is proposing to install a part of a channelization island on land that is owned by Mount Sinai Medical Center of Florida, Inc. (“Mount Sinai”) and encumbered by a City-owned utility easement, having an Easement Area of approximately 1,291 square feet, previously secured by the City pursuant to that certain Utility Easement Agreement from Mount Sinai to the City, recorded in Official Records Book 32516, Page 1906, of the Public Records of Miami-Dade County, Florida (the “Easement Agreement”), and identified as Easement “B” to the Easement Agreement, a copy of which is attached hereto.   

FDOT is requesting that the City approve the subordination of a portion of the Easement Area, containing approximately 163 square feet (“Subordinate Easement Area”), described as parcel 803.9 in the proposed subordination, entitled “City Subordination of Utility Interests” (“Subordination Agreement”), lying in a portion of Lot 41, Block 1, of NAUTILUS SUBDIVISION OF MIAMI BEACH BAYSHORE CO. MIAMI BEACH, FLA., according to the Plat thereof, as recorded in Plat Book 8, Page 95, of the Public Records of Miami-Dade County, Florida, lying  in Section 22, Township 53 South, Range 42 East, as more particularly described in the Subordination Agreement, a draft copy of which is attached to the Resolution attached hereto.  Pursuant to the terms of the Subordination Agreement, FDOT will agree to pay the cost for any modifications to, or relocations of, the City’s facilities requested by FDOT.