Abbott Avenue Partners, LLC, a Delaware limited liability company; Pumps at 71, LLC, a Delaware limited liability company; and 7433 Collins Ave. Corp., a Florida corporation limited liability company ("the Developers") are the owners of certain parcels located from State Road (SR) A1A (Abbott Avenue) from 71st Street to 72nd Street, which are located within the limits of the City. The Developer intends to develop the property as a mixed-use residential and commercial development.

The Developer has obtained certain approvals from the City in connection with the redevelopment of the property located at 7140 Abbott Avenue specifically (the “Property”). The City, under permit number 2022-L-691-00019, has requested that the Developers install landscape, irrigation, bonded aggregate surfaces, silva cells, and pigmented sidewalks along SR-A1A, in accordance with the design plans (the “Improvements”).

In addition to adherence to the approved site plans, the City will require the Developer to execute a Declaration of Restrictive Covenants (“Declaration”) which will set forth the Developer’s 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) A1A (Abbott Avenue) from 71st Street to 72nd 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 Declaration to assign the maintenance responsibility to the Developers. The City has executed several similar agreements in the past where landscape and nonstandard materials have been installed by private property owners on the public right-of-way.

The Declaration is consistent with the requirements of Section 98-166, of the City Code, which requires property owners and tenants to maintain the sidewalks and landscaping fronting their adjacent private property.