On November 6, 2018, Miami Beach residents approved three ballot questions authorizing the City to issue General Obligation Bonds ("G.O. Bonds") to fund capital projects within the City.   Among other City projects, an allocation was made towards the creation of a 5th Street Pedestrian Bridge Project, to provide for a pedestrian bridge over and across 5th Street and West Avenue, to connect the Baywalk south of 5th Street with the area north of 5th Street (the "Pedestrian Bridge Project").

The location of the proposed Pedestrian Bridge Project falls within Florida Department of Transportation’s (FDOT’s) jurisdiction, which necessitates obtaining a permit to construct the pedestrian bridge. 

Additionally, the United States Department of Transportation, Federal Highway Administration (FHWA), requires any use of airspace above and/or below the highway's established gradeline, lying within the approved right of way limits on a Federal Aid System, to be accomplished pursuant to a Right-of-way Use and Occupancy Agreement and lease of airspace in accordance with 23 CFR, Part 710 (“Use and Occupancy Agreement”).

The Administration desires to request authorization to negotiate with the FDOT a Use and Occupancy Agreement, a template of which is attached as Attachment A hereto, which Use and Occupancy Agreement will solely encompass the footprint of the Pedestrian Bridge Project over State Road AIA/MacArthur Causeway.  The Administration further requests authorization for the City Manager to execute such Use and Occupancy Agreement after the same is finalized.