Resolution 2020-31140 RESOLUTION NO. 2020-31140
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE THE FISHER ISLAND
TERMINAL IMPROVEMENTS MAINTENANCE MEMORANDUM OF
AGREEMENT, BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION, CONVEYING FULL MAINTENANCE
RESPONSIBILITIES TO THE CITY FOR THE IMPROVEMENTS ON THE
SOUTH SIDE OF STATE ROAD A1A, COMMONLY REFERRED TO AS THE
MACARTHUR CAUSEWAY, AND THE ACCESS ROAD EAST OF BRIDGE
ROAD TO THE WEST END OF EAST CHANNEL BRIDGE ABUTTING 112
MACARTHUR CAUSEWAY; WHICH MAINTENANCE RESPONSIBILITIES
HAVE BEEN TRANSFERRED AND ASSIGNED TO FISHER ISLAND
COMMUNITY ASSOCIATION, THE CITY AND THE ASSOCIATION HAVING ALREADY
EXECUTED A DECLARATION OF RESTRICTIVE COVENANTS IN FAVOR
OF THE CITY TRANSFERRING AND ASSIGNING RESPONSIBILITY TO
THE FISHER ISLAND COMMUNITY ASSOCIATION OF THE IMPROVEMENTS,
OBLIGATIONS, MAINTENANCE, AND COSTS ASSOCIATED WITH THE
MAINTENANCE MEMORANDUM OF AGREEMENT.
WHEREAS, to comply with City Code regulations, Fisher Island Community Association
(the "Owner') has requested to install the following described improvements in the public rights-
of-way adjacent to the south side of State Road A1A, commonly referred to as the Macarthur
Causeway and the Access Road East of the Bridge Road to the West end of East Channel Bridge
abutting 112 MacArthur Causeway(the "Property), which shall include surface paving materials
and landscaping (the "Improvements") in accordance with the plans reviewed and approved by
the City's staff and Planning Board (PB File No. 2100), Design Review Board (DRB File No.
22974), Board of Adjustment (BOA File No.3677) (collectively the "Conditional Use Approvals"),
and FDOT Permit Numbers 2019-A-691-00001, 2018-C-690-013, 2017-D-690-015, and
2019-L-691-00020 (collectively the "FDOT Permits"), entitled "Fisher Island Terminal Prepared
for FICA", prepared by Kimley Horn and Associates, Inc. dated December 8, 2016 revised through
October 21, 2019, (the "Plan"); and
WHEREAS, the Owner has applied to the Public Works Department for permission to
install the Improvements within the public rights-of-way of MacArthur Causeway and the
access road east of Bridge Road abutting the Property, according to the Plan; and
WHEREAS, the Florida Department of Transportation ("FDOT") is the owner of the
MacArthur Causeway and the access road east of Bridge Road; and
WHEREAS, the City owns certain additional portions of MacArthur Causeway
abutting the Property, identified by Miami-Dade County Folio Nos. 02-4204-000-0045 and
02-4204-000-030; and
WHEREAS, to install the Improvements in accordance with the Conditional Use
Approvals under the Conditional Use Approvals and FDOT Permits along MacArthur
Causeway, FDOT policy requires that the City enter into the Maintenance Memorandum of
Agreement ("MMOA"), which would convey maintenance responsibilities for the enhanced
features•installed along the right-of-way to the City after the project is installed by the Owners;
and
WHEREAS, in turn, the City, in approving the enhanced right-of-way landscaping and
sidewalk features, required the Owner to execute a declaration of restrictive covenants (the
"Declaration") to require the Owner to take over the obligations and maintenance responsibilities
established in the MMOA and reimburse the City of any costs incurred pursuant to the MMOA;
and
WHEREAS, in anticipation of construction, the City approved and the Owner will record
the Declaration, and as such the City's execution of the MMOA is the process by which to
implement the Improvements, and the Declaration is the City's assurance that the Owner will be
responsible for the maintenance obligations pursuant to the MMOA together with any costs the
City may incur to maintain the south side of the MacArthur Causeway and the access road east
of Bridge Road to the west end of the East Channel bridge; and
WHEREAS, the Declaration is consistent with the requirements of Section 98-166,of the
City Code,for the Owner to maintain the sidewalks and landscaping fronting the above referenced
Property;
WHEREAS, the Administration recommends executing the attached Maintenance
Memorandum of Agreement with FDOT.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to execute the Fisher Island Terminal
Improvements Maintenance Memorandum of Agreement, Between the City of Miami Beach and
the Florida Department of Transportation, conveying full maintenance responsibilities to the City
for the improvements on the south side of state road A1A, commonly referred to as the Macarthur
Causeway, and the access road east of the bridge road to the west end of east channel bridge
abutting 112 Macarthur Causeway;which maintenance responsibilities have been transferred and
assigned to Fisher Island Community Association, the City and the Association having already
executed a declaration of restrictive covenants in favor of the City transferring and assigning
responsibility to the Fisher Island Community Assertion of the improvements, obligations,
maintenance, and costs associated with the Maintenance Memorandum of Agreement.
PASSED AND ADOPTED this 15 day of 7"441020.
ATTEST:
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City Attor Da
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Resolutions-R7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE THE FISHER ISLAND
TERMINAL IMPROVEMENTS MAINTENANCE MEMORANDUM OF
AGREEMENT, BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION, / CONVEYING FULL
MAINTENANCE RESPONSIBILITIES TO THE CITY FOR THE
IMPROVEMENTS ON THE SOUTH SIDE OF STATE ROAD A1A,
COMMONLY REFERRED TO AS THE MACARTHUR CAUSEWAY, AND THE
ACCESS ROAD EAST OF BRIDGE ROAD TO THE WEST END OF EAST
CHANNEL BRIDGE ABUTTING 112 MACARTHUR CAUSEWAY; WHICH
MAINTENANCE RESPONSIBILITIES HAVE BEEN TRANSFERRED AND
ASSIGNED TO FISHER ISLAND COMMUNITY ASSOCIATION, THE CITY
AND THE ASSOCIATION HAVING ALREADY EXECUTED A
DECLARATION OF RESTRICTIVE COVENANTS IN FAVOR OF THE CITY
TRANSFERRING AND ASSIGNING RESPONSIBILITY TO THE FISHER
ISLAND COMMUNITY ASSOCIATION OF THE IMPROVEMENTS,
OBLIGATIONS, MAINTENANCE, AND COSTS ASSOCIATED WITH THE
MAINTENANCE MEMORANDUM OF AGREEMENT.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
In order to comply with City Code regulations, the Fisher Island Community Association (the
"Owner") has requested to install improvements, including surface paving materials and
landscaping (the "Improvements"), in the public rights-of-way adjacent to the Property (112
MacArthur Causeway).
The Improvements are required to be in accordance with the plans reviewed and conditionally
approved by City's staff, Planning Board (PB File No. 2100), Design Review Board (DRB File
No. 22974), Board of Adjustment (BOA File No.3677) (collectively the "Conditional Use
Approvals"), and FDOT Permit Numbers 2019-A-691-00001, 2018-C-690-013, 2017-D-690-
015, and 2019-L-691-00020 (collectively the "FDOT Permits"), entitled "Fisher Island Terminal
Page 1128 of 1618
Prepared for F I CA", prepared by Kimley Horn and Associates, Inc. dated December 8, 2016
and through the October 21, 2019 revisions, (the "Plan").
The Owner has applied to the Public Works Department for permission to install the
Improvements within the public rights-of-way of the south side of MacArthur Causeway and the
access road east of Bridge Road to the west end of East Channel Bridge abutting the Property,
according to the Plan.
The MacArthur Causeway and the access road east of Bridge Road fall within the jurisdiction of
the Florida Department of Transportation (FDOT), and certain additional portions of MacArthur
Causeway abutting the Property identified by Miami-Dade County Folio Nos. 02-4204-000-
0045 and 02-4204-000-030 are owned by the City of Miami Beach. In order to install the
Improvements approved under the Conditional Use Approvals and FDOT Permits along the
MacArthur Causeway, FDOT policy requires that the City enter into the Maintenance
Memorandum Agreement (MMOA), which would convey maintenance responsibilities for the
enhanced features installed along the right-of-way to the City after the Project is installed. In
conjunction with the approval process of the enhanced right-of-way and landscaping features,
the City requires the Owner to execute a declaration of restrictive covenants (the "Declaration"),
to ensure maintenance and reimbursement to the City of any costs incurred due to the
installation and maintenance of the enhanced landscaping abutting the Property.
The Owner has obtained approval from the City for the Improvements and upon approval of the
MMOA will record the Declaration. Per the Declaration, the Owner will be responsible to
perform the maintenance obligations pursuant to the MMOA, together with any costs the City
may incur to maintain the south side of the MacArthur Causeway and the access road east of
Bridge Road to the west end of the East Channel bridge pursuant to the MMOA.
This Declaration is consistent with the requirements of Section 98-166 of the City Code, for the
Owners to maintain the sidewalks and landscaping fronting the above referenced Property.
ANALYSIS
Results from the 2019 Resident Survey show that 47%of residents rated Capital Improvement
Projects related to roadway pavement improvements being most important to them. And 35.1%
were very willing or willing to pay more taxes for the City to set aside funding to maintain assets
such as buildings, roads, streets, sidewalks and vehicles. In order to continue maintaining
excellent standards in this area, the City plans to approve and authorize the Fisher Island
Terminal improvements MMOA.
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
Yes No
Page 1129 of 1618
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ Declaration of Restrictive Covenants re Improvements in the FDOT and Cit.._
❑ Resolution
Page 1130 of 1618
This instrument prepared by:
Name: Matthew Amster,Esq.
Address: Bercow Radell Fernandez&Larkin, PLLC
200 S.Biscayne Boulevard,Suite 850
Miami, FL 33131
(Space above reserved for clerk)
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS IN THE PUBLIC RIGHTS-OF-WAY
This Declaration of Restrictive Covenants Regarding Improvements in the Public Rights-
of-Way (the "Declaration") is entered into this day of January , 2020, by Fisher
Island Community Association, Inc. (the "Owner"), a Florida not for profit corporation and in favor
of the City of Miami Beach, Florida, a municipality of the State of Florida (the "City").
WHEREAS, the Owner holds fee simple title to the property located at 112 MacArthur
Causeway, Miami Beach, Florida, identified by Miami-Dade County Folio No. 02-4204-000-0065
(the"Property"), legally described in Exhibit"A";
WHEREAS, the Owner has obtained development conditional use approvals from the
City's Planning Board (PB File No. 2100), Design Review Board (DRB File No. 22974) and Board
of Adjustment(BOA File No. 3677), see Exhibit "B" to redevelop the Property with a multi-story
parking garage and commercial ferry service terminal to and from Fisher Island (the"Conditional
Use Approvals");
WHEREAS, the City requires the Owner to install landscaping and associated
improvements in the public rights-of-way, specifically portions of the south side of the MacArthur
Causeway and the access road east of Bridge Road to the west end of the East Channel Bridge,
abutting the Property (the "Improvements") substantially in accordance with the plans reviewed
and approved by the City's Design Review Board (DRB File No. 22974)and submitted for permit
entitled "Fisher Island Terminal Prepared for FICA" and dated last revised June 27, 2018 (the
"Development Plan")attached hereto as Exhibit"C";
WHEREAS, the portions of MacArthur Causeway abutting the Property as shown in
Exhibit "C" are subject to the Fisher Island Terminal Improvements Maintenance Memorandum
of Agreement (the "MMOA") between the State of Florida Department of Transportation (FDOT)
and the City dated , 2020 and adopted by the City Commission through
Resolution No. on January 15, 2020 , including plans approved by
FDOT (the "Approved Plans" through FDOT Permit Numbers 2019-A-691-00001, 2018-C-690-
013, 2017-D-690-015 and 2019-L-691-00020) attached hereto as composite Exhibit"D";
WHEREAS, additional portions of the MacArthur Causeway abutting the Property as
shown in Exhibit "C", identified by Miami-Dade County Folio Nos. 02-4204-000-0045 and 02-
4204-000-030 attached hereto as composite Exhibit "E", are owned by the City;
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Page 1131 of 1618
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS OF THE PUBLIC RIGHT-OF-WAY
WHEREAS, the Owner has applied to the Public Works Department for permission to
install the Improvements within the public rights-of-way, according to the Approved Plans and in
accordance with the Conditional Use Approvals; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged including consideration of the approval of the right-of-way permit
and/or plans approved by the Public Works Department, the Owner voluntarily covenants and
agrees that the Property shall be subject to the following restrictions that are intended and shall
be deemed to be covenants running with the land and binding upon the Owners of the Property,
their successors in interest and assign, as follows:
1. The recitals and findings set forth in the preamble of this Declaration are hereby
adopted by reference thereto and incorporated herein as if fully set forth in the
Section.
2. The Owner covenants and agrees as follows:
a. To install and maintain the Improvements as depicted in Exhibit "D";
and
b. To replace, restore and/or repair the Improvements as depicted in
Exhibit "D" at Owner's expense, in the event the Public Works
Department must issue an underground utility or right-of-way permit for
work in that area; and
c. To hereby grant to the City the right to remove, add, repair, maintain,
replace or have the Owner remove, add, repair, maintain, replace any
of the Improvements as depicted in Exhibit "D" within the right-of-way,
at Owner's expense, in the event the City determines in its reasonable
discretion that such action is required;and
d. To add the City as additional named insured on the Certificates of
Insurance for Liability and Workmen's Compensation for a coverage in
the minimum limits as approved by the City's Risk Manager.
e. The City has the right to remove, repair, restore the area and charge
the costs of all work (direct costs plus overhead and administration
charges)to the Owner. Should Owner fail to pay for the work performed
by the City will result in a lien being placed against the Owner's
Property, and/or a collection action to be filed in Circuit Court.
f. To be bound by the City's responsibilities imposed under the MMOA
attached as composite Exhibit "D" for the portions of MacArthur
Causeway abutting the Property as shown in Exhibits "C and "D".
g. Comply with each of the City's obligations established under the MMOA
attached as composite Exhibit "D", including requiring all Owner's
Vendors/Contractors to utilize the U.S. Department of Homeland
Security's E-Verify system as set forth in the MMOA.
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Page 1132 of 1618
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS OF THE PUBLIC RIGHT-OF-WAY
3. This voluntary Declaration shall remain in full force and effect and shall be binding
upon the Owner of the Property, their successors in interest and assigns for an
initial period of thirty (30) years from the date this instrument is recorded in the
public records, and shall be automatically extended for successive periods of
ten (10) years, unless modified, amended or released prior to the expiration
thereof.
4. This Declaration may be modified, amended or released as to any portion of
the Property by a written instrument executed by the then Owner of the fee-
simple title to the land to be affected by such modification, amendment or
release providing that same has been approved by the Public Works Director
of the City, or his designee, or the successor administrative officer with
jurisdiction over the matter. Should this instrument be so modified, amended or
released the Public Works Director, or his successor, or other administrative
officer with jurisdiction over the matter, shall execute a written instrument in
recordable form effectuating and acknowledging such modification, amendment
or release.
5. Invalidation of any provision of this Declaration by judgment of Court shall not affect
any of the other provisions of this Declaration, which shall remain in full force and
effect.
6. This Declaration shall be recorded in the Public Records of Miami-Dade County,
Florida, at the cost of the Owner.
7. It is understood and agreed that any official inspector of the City may have the
right, upon reasonable prior written notice to Owner, at any time during normal
working hours of entering and investigating the use of the Property, to determine
whether the conditions of this Declaration are being complied with.
8. An action to enforce the terms and conditions of this Declaration may be brought
by the City and may be by action at law or in equity against any party or person
violating or attempting to violate any provision of this Declaration either to
restrain violations or to recover damages. The prevailing party in the action or
suit shall be entitled to recover costs and reasonable attorneys'fees, at all levels
of trial and appeal. This enforcement provision shall be in addition to any other
remedies available under the law.
9. The Owner, and its successors and assigns, hereby agree to indemnify, defend
and hold harmless the City, its officers and employees, from any and all liability
that may arise by virtue of the MMOA,this Agreement, or the City permitting the
installation of these items.
10.All notices, demands, requests, or other communications which may be or are
required to be given, served, or sent by either the Grantor or Grantee pursuant to
this Declaration shall be in writing and addressed as follows:
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DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS OF THE PUBLIC RIGHT-OF-WAY
If to Owner: FISHER ISLAND COMMUNITY ASSOCIATION, INC.
Attn: Roberto Sosa
One Fisher Island Drive
Fisher Island, Florida 33109
With copies to: Bercow Radell Fernandez & Larking, PLLC
Attn: Matthew Amster, Esq.
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
If to the City: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
With copies to: City of Miami Beach
Attn: Public Works Director
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Each Party may designate by notice in writing a new address to which any notice, demand,
request or communication may thereafter be so given, served or sent.
APPROVED
Public Works Director Date
APPROVED AS TO
FORM &LANGUAGE
City Attorney Date
[EXECUTION PAGES TO FOLLOW]
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DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS OF THE PUBLIC RIGHT-OF-WAY
Signed, sealed executed and acknowledged on day of , 2020.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed in their name
by their proper officials.
WITNESSES: GRANTOR:
FISHER ISLAND COMMUNITY ASSOCIATION,
Signature INC., a Florida Not For Profit Corporation
Print Name
By:
Signature Roberto Sosa, President
Print Name Address: One Fisher Island Drive
Fisher Island, Florida 33109
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by
, the of FISHER ISLAND COMMUNIYT ASSOCIATION, INC. on
behalf of the Florida Not For Profit Corporation. He is personally known to me or has produced
, as identification.
Witness my signature and official seal this day of
2020, in the County and State aforesaid.
Notary Public-State of
Print Name
My Commission Expires:
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