A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), ADDRESSING EACH PARTY'S RESPECTIVE MAINTENANCE RESPONSIBILITIES RELATING TO PUMP STATIONS, DRAINAGE SYSTEMS, SEAWALLS & OTHER MISCELLANEOUS FEATURES LOCATED WITHIN THE PROJECT LIMITS OF SR-A1A (COLLINS AVENUE) FROM 25th STREET TO 26TH STREET, AND SR­A1A (INDIAN CREEK DRIVE) FROM COLLINS AVENUE TO 41ST STREET; AND FURTHER AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE MMOA. 

Indian Creek Drive is considered one of the City’s main corridors, forming a southbound artery between North/Mid Beach and South Beach. It provides emergency services and serves as a hurricane evacuation route. During extreme high tide events during spring and fall, Indian Creek Drive, would consistently flood between 26th and 34th Streets.

FDOT has jurisdiction over State Road (SR) A1A (Collins Avenue) from 25^th Street to 26^th Street, and SR-A1A (Indian Creek Drive) from Collins Avenue to 41^st Street (SR-112), which is located within the limits of the City.  The City and FDOT mutually recognize that it is in the best interest of the public to improve SR-A1A (Collins Avenue) from 25^th Street to 26^th Street, and SR-A1A (Indian Creek Drive) from Collins Avenue to 41st Street (SR-112) (the “Project Limits”). 

The City, pursuant to Project FM#439228-2-58-01, agreed to design and construct permanent roadway and seawall improvements (the “Project,”) along the Project Limits, within FDOT and City right-of-way.  Certain improvements were constructed within private properties pursuant to license agreements, easements, or other permissions or property rights secured by the City from the private property owners.

The City and FDOT have negotiated the essential terms of a Maintenance Memorandum of Agreement (MMOA), setting forth the responsibilities of each party with regard to the maintenance of the improvements within the Project Limits, a draft copy of which is attached hereto as Exhibit “A”. 

Pursuant to the proposed MMOA, the City will be taking over the routine maintenance of the pump structure system built within the Project Limits, drainage features built within the City’s right of way, the seawall and riprap and some miscellaneous features built outside of FDOT’s right way.  The proposed MMOA also provides that the City will maintain devices used to separate the bicyclists from the travel lanes. 

As part of Financial Project 439228-2-58-01, on September 30, 2016, the City and FDOT also entered into a Department Funded Agreement (DFA), as amended, for roadway and drainage improvements on S.R. A1A/Indian Creek Drive from 41st Street to 26th Street (M.P. 1.034 to M.P. 0.232).