R24-265 CFN 21:I2.4O2�}-22{6.5
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I RESOLUTION NO. R24-265 ?,:: )274. . 7 3, % AT,.T,:,
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A RIGHT OF WAY MAINTENANCE
5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
6 BOYNTON BEACH APARTMENTS VENTURE, LLC FOR THE
7 INSTALLATION OF IRRIGATION, LANDSCAPE, AND HARDSCAPE
R WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-
9 OF-WAY ALONG SOUTH FEDERAL HIGHWAY FOR THE ALLIANCE
10 RESIDENTIAL PROJECT A/K/A BROADSTONE; AND FOR ALL OTHER
1 I PURPOSES.
12
13 WHEREAS the City Commission of the City of Boynton Beach, Florida, is the governing
14 body of the City and has plenary authority over the roads, alleys, and rights-of-way within the City
15 street system; and
16 WHEREAS, the City generally maintains the City rights-of-way platted or dedicated for
17 public use; and
18 WHEREAS Boynton Beach Apartments Venture, LLC ("Owner") is the owner of the real
19 property located in Palm Beach County ("County"), Florida, which is comprised of 10 parcels (PCN:
20 08-43-45-27-04-000-0570, 08-43-45-27-04-000-0131, 08-43-45-27-04-000-0630, 08-43-45-27-
21 04-000-0150, 08-43-45-27-04-000-0710, 08-43-45-27-04-000-0090, 08-43-45-27-04-000-0650,
22 08-43-45-27-04-000-0670, 08-43-45-27-04-000-0610, 08-43-45-27-04-000-0050) and generally
23 located at 150 S. Federal Highway, Boynton Beach, Florida 33435; and
24 WHEREAS, State Road 5/Federal Highway/US Highway 1 from M.P. 14.162 to M.P. 14.232
25 is a Florida State highway, which right-of-way is maintained by the Florida Department of
26 Transportation ("FDOT"); and
27 WHEREAS as part of the Owner's development of the Property, the Owner desires to
28 install certain irrigation, landscape, and hardscape improvements within the FDOT Federal
29 Highway right-of-way; and
30 WHEREAS, the City finds that the aesthetics and specialty features requested for the right-
31 of-way by the Owner will enhance the streetscape to the benefit of the public; and
32 WHEREAS, FDOT has agreed to allow such specialty hardscape, landscape, and irrigation
33 only if the City entered into that certain State of Florida Department of Transportation District
1 RESOLUTION NO. R24-265
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A RIGHT OF WAY MAINTENANCE
5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
6 BOYNTON BEACH APARTMENTS VENTURE, LLC FOR THE
7 INSTALLATION OF IRRIGATION, LANDSCAPE, AND HARDSCAPE
8 WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-
9 OF-WAY ALONG SOUTH FEDERAL HIGHWAY FOR THE ALLIANCE
10 RESIDENTIAL PROJECT A/K/A BROADSTONE; AND FOR ALL OTHER
11 PURPOSES.
12
13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is the governing
14 body of the City and has plenary authority over the roads, alleys, and rights-of-way within the City
15 street system; and
16 WHEREAS, the City generally maintains the City rights-of-way platted or dedicated for
17 public use; and
18 WHEREAS, Boynton Beach Apartments Venture, LLC ("Owner") is the owner of the real
19 property located in Palm Beach County ("County"), Florida, which is comprised of 10 parcels (PCN:
20 08-43-45-27-04-000-0570, 08-43-45-27-04-000-0131, 08-43-45-27-04-000-0630, 08-43-45-27-
21 04-000-0150, 08-43-45-27-04-000-0710, 08-43-45-27-04-000-0090, 08-43-45-27-04-000-0650,
22 08-43-45-27-04-000-0670, 08-43-45-27-04-000-0610, 08-43-45-27-04-000-0050) and generally
23 located at 150 S. Federal Highway, Boynton Beach, Florida 33435; and
24 WHEREAS, State Road 5/Federal Highway/US Highway 1 from M.P. 14.162 to M.P. 14.232
25 is a Florida State highway, which right-of-way is maintained by the Florida Department of
26 Transportation ("FDOT"); and
27 WHEREAS, as part of the Owner's development of the Property, the Owner desires to
28 install certain irrigation, landscape, and hardscape improvements within the FDOT Federal
29 Highway right-of-way; and
30 WHEREAS,the City finds that the aesthetics and specialty features requested for the right-
31 of-way by the Owner will enhance the streetscape to the benefit of the public; and
32 WHEREAS, FDOT has agreed to allow such specialty hardscape, landscape, and irrigation
33 only if the City entered into that certain State of Florida Department of Transportation District
34 Four Landscape Maintenance Memorandum of Agreement, dated February 25, 2024, Permit No.
35 2023-L-496-00003 (the "MMOA"), for the maintenance of the improvements in the FDOT right-
36 of-way; and
37 WHEREAS, the Owner agrees to assume the City's maintenance obligations with FDOT
38 under the MMOA and to indemnify the City for any claims, damages, or payments made as a
39 result of the Owner's failure to perform such maintenance obligations on the terms and conditions
40 set forth in this Agreement; and
41 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
42 best interests of the city's citizens and residents to approve a Right of Way Maintenance
43 Agreement between the City of Boynton Beach and Boynton Beach Apartments Venture, LLC for
44 the installation of irrigation, landscape, and hardscape within the Florida Department of
45 Transportation right-of-way along South Federal Highway for the Alliance Residential Project
46 a/k/a Broadstone.
47
48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
49 BEACH, FLORIDA, THAT:
50 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
51 being true and correct and are hereby made a specific part of this Resolution upon adoption.
52 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
53 approve a Right of Way Maintenance Agreement between Boynton Beach Apartments Venture,
54 LLC and the City for the installation of irrigation, landscape, and hardscape within the Florida
55 Department of Transportation right-of-way along South Federal Highway for the Alliance
56 Residential Project a/k/a Broadstone (the "Agreement"), in form and substance similar to that
57 attached as "Exhibit A."
58 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
59 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
60 ancillary documents required under the Agreement or necessary to accomplish the purposes of
61 the Agreement and this Resolution.
62 SECTION 4. Upon execution of the Agreement by the City, the City Clerk shall record
63 the Agreement in the Public Records of Palm Beach County. The City Clerk shall provide a copy
64 of the recorded Agreement to Milot Emile.
65 SECTION 5. This Resolution shall take effect in accordance with law.
66
67 PASSED AND ADOPTED this day of 1\fQXrikp-e( 2024.
68 CITY OF BOYNTON BEACH, FLORIDA
69 YE— NO
70 Mayor-Ty Penserga
71
72 Vice Mayor-Aimee Kelley
73 ..---
74
74 Commissioner-Angela Cruz
75
76 Commissioner-Woodrow L. Hay
77 -
78 Commissioner-Thomas Turkin t/
79
80 VOTE 5-0
81 AT T:
8,
0 /
8 .,,.#I I_ ---- . Pligridallw if ‘ar..,zf
84 Maylee D- esus, MPA, C y Pe' : •a
85 City Clerk ` May.
86 ..--70(N TpN`.,
87 ;p ••.RPOR,gj'•<9F1i� APPROVED AS TO FORM:
88 (Corporate Seal) •
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89 C v%
90 C� t.INCORPORATED; % G�,,_rb. U4g- a
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91 I% .1.•• �•••.••' Shawna G. Lamb
%92 ``‘��FLORIOP= City Attorney
This Instrument Prepared by
And Should Be Returned to:
CITY OF BOYNTON BEACH
Office of the City Attorney
100 East Ocean Ave.
Boynton Beach,FL 33435
Parcel No. 08-43-45-27-04-000-0570
08-43-45-27-04-000-0131
08-43-45-27-04-000-0630
08-43-45-27-04-000-0150
08-43-45-27-04-000-0710
08-43-45-27-04-000-0090
08-43-45-27-04-000-0650
08-43-45-27-04-000-0670
08-43-45-27-04-000-0610
08-43-45-27-04-000-0050
RIGHT-OF-WAY MAINTENANCE AGREEMENT
State Road 5/Federal Highway/US Highway 1 from M.P. 14.162 to M.P. 14.232
Resolution No. 24-.2I
THIS RIGHT-OF-WAY MAINTENANCE AGREEMENT("Agreement") is made as of
the date indicated on the signature page by and between the CITY OF BOYNTON BEACH, a
municipal corporation, its successors and assigns ("City"), having an address of 100 East Ocean
Avenue, Boynton Beach, FL 33435, and BOYNTON BEACH APARTMENTS VENTURE,
LLC, a Delaware limited liability company, with an address of 7135 E. Camelback Road, Suite
360, Scottsdale, AZ 85251 ("Owner").
WHEREAS, Owner is the owner of the real property located in Palm Beach County
("County"), Florida, legally described on Exhibit A attached hereto and made a part hereof
("Property"), which is comprised of 10 parcels (PCN: 08-43-45-27-04-000-0570, 08-43-45-27-
04-000-0131, 08-43-45-27-04-000-0630, 08-43-45-27-04-000-0150, 08-43-45-27-04-000-0710,
08-43-45-27-04-000-0090, 08-43-45-27-04-000-0650, 08-43-45-27-04-000-0670, 08-43-45-27-
04-000-0610, 08-43-45-27-04-000-0050) and generally located at 150 S. Federal Highway,
Boynton Beach, Florida 33435; and
WHEREAS, State Road 5 / Federal Highway/ US Highway 1 from M.P. 14.162 to M.P.
14.232 is a Florida State highway,which right-of-way is maintained by the Florida Department of
Transportation("FDOT"); and
WHEREAS, as part of the Owner's development of the Property, Owner desires to install
certain irrigation, landscape, and hardscape improvements within the FDOT Federal Highway
right-of-way; and
WHEREAS,the City finds that the aesthetics and specialty features requested for the right-
of-way by Owner will enhance the streetscape to the benefit of the public; and
Broadstone 150 S. Federal Hwy ROW Maint(FDOT) 1
FTLDOCS 9278115 3
WHEREAS,FDOT has agreed to allow such specialty hardscape,landscape,and irrigation
only if the City entered into that certain State of Florida Department of Transportation District
Four Landscape Maintenance Memorandum of Agreement, dated February 25, 2024, Permit No.
2023-L-496-00003 (the "MMOA"), a copy of which is attached hereto as Exhibit B, for the
maintenance of the improvements in the FDOT right-of-way; and
WHEREAS,Owner agrees to assume the City's maintenance obligations with FDOT under
the MMOA and to indemnify the City for any claims, damages, or payments made as a result of
the Owner's failure to perform such maintenance obligations on the terms and conditions set forth
in this Agreement; and
WHEREAS, the City and Owner mutually recognize the need for entering into this
Agreement.
NOW THEREFORE, in consideration of the installation of the specialty hardscape,
landscape, and irrigation, and Ten Dollars ($10.00) paid in hand, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as
follows:
1. Recitals. The recitals above are true and correct and incorporated herein by reference.
2. FDOT Agreement. Owner acknowledges that the City has entered into the MMOA,dated
February 25,2024,a copy of which is attached hereto as Exhibit B and incorporated herein. In the
event of any conflicts between this Agreement and the MMOA,the MMOA shall prevail.The City
shall promptly provide the Owner with a copy of any notice received from FDOT concerning the
MMOA or the City's obligations thereunder.
3. Specialty Features. Pursuant to the MMOA,Owner will install landscaping improvements
(the "Improvements") in the FDOT Federal Highway right-of-way, as generally shown in the
Landscape Improvement Plans attached as Exhibit B to the MMOA(the"Approved Plans").
4. Area to Be Maintained. Pursuant to the MMOA, Owner will maintain the Improvements
in the area of the FDOT State Road 5 /Federal Highway/US Highway 1 right-of-way from Mile
Post 14.162 to Mile Post 14.232, as depicted in Exhibit A of the MMOA (the "Maintenance
Area").
5. Owner's Maintenance Responsibilities.
5.1 The Owner agrees to maintain all Improvements installed by the Owner within the
Maintenance Area and to assume all of the City's obligations under the MMOA according
to the requirements outlined in the MMOA at the Owner's expense. Notwithstanding the
foregoing,the Owner shall not be responsible for any maintenance,repair, or replacement
costs arising from damage to the Maintenance Area or any improvements located therein
to the extent such damage is caused by the negligent or intentional acts or omissions of the
City or any of its agents,employees,contractors, subcontractors, successors, or assigns.
Broadstone 150 S. Federal Hwy ROW Maint(FDOT) 2
FTLDOCS 9278115 3
5.2 The term "landscape improvements" shall be defined in the MMOA and include plant
materials, irrigation, tree grates, and lighting as described in the Approved Plans. Plant
materials include trees, palms, shrubs, ground cover, and turf, as described in the
Landscape Plan in the Approved Plans.
5.3 The term "hardscape" shall refer to any specialty surface or pavers and any associated
concrete areas or header curbs within the FDOT right-of-way, as described in the
Hardscape Plan in the Approved Plans.
5.4 The term"irrigation" shall refer to any irrigation system installed within the FDOT right-
of-way, as described in the irrigation plan in the Approved Plans.
5.5 Maintenance of the landscape improvements shall comply with the requirements of the
MMOA and shall include mowing, fertilizing, weeding, edging, litter pickup, pruning,
necessary replanting, and irrigation system repair, and shall specifically mean: to properly
water and fertilize all plants; to keep them as free as practicable from disease and harmful
insects; to properly mulch the planting beds; to keep the premises free of weeds; to mow
the turf to the proper height for that species; to correctly prune all plants which at a
minimum includes: (i) removing dead or diseased parts of plants; (ii) pruning such parts
thereof to provide clear visibility to signage and for those using the sidewalk and/or
roadway; and, (iii)preventing any other potential roadway hazards;to remove and replace
dead or diseased plants;to keep palms free of fruit year-round,as described in the MMOA.
All plants removed for whatever reason shall be replaced by plants of the same species
type, size, and grade as specified in the Plans or with approved replacements.
5.6 Maintenance of the hardscape improvements shall comply with the requirements of the
MMOA and shall include repair or replacement of the specialty surfaces as necessary to
prevent a safety hazard, keeping any header curbs that contain the specialty surfacing in
optimum condition,keeping the hardscape area free from weeds and litter.
5.7 Maintenance of the irrigation improvements shall comply with the requirements of the
MMOA and shall include irrigation repair and maintenance per the standards set forth by
the Florida Irrigation Society (FIS) latest edition of FIS Standards and Specifications for
Turf and Landscape Irrigation Systems.
5.8 Utilities. The Owner is solely responsible for all utilities related to the irrigation systems
for the Maintenance Area, including the ongoing cost of water.
6. Failure to Maintain.
6.1 If at any time it is determined by the City that the Owner is not reasonably maintaining the
Maintenance Area according to the terms of this Agreement,the City shall issue a written
notice to the Owner of each deficient maintenance issue. If Owner does not correct and
improve such deficient maintenance within thirty (30) calendar days after receipt of the
City's written notice (the "Cure Period") or provide a written reasonable basis for why
Broadstone 150 S. Federal Hwy ROW Maint(FDOT) 3
FTLDOCS 9278115 3
such deficiency has not been cured within the Cure Period,the City may declare Owner to
be in breach of this Agreement and may cause such deficiencies to be corrected and the
City may bill Owner for the reasonable, out-of-pocket costs of such correction, plus a
reasonable administrative fee,not to exceed 15%of such expenses.Owner shall then remit
to the City the amount so billed within thirty (30) calendar days after Owner's receipt of
an invoice, together with documentation evidencing and detailing such expenditures.
However,if Owner has commenced the appropriate actions to cure the violation within the
Cure Period and thereafter diligently continues to pursue the cure of the violation,then the
Cure Period shall be extended for so long as reasonably necessary to cure such violation
given the nature of the violation and other factors not within the Owner's direct control.
6.2 Owner acknowledges that if the Improvements are not maintained in accordance with the
MMOA, FDOT reserves the right to remove the Improvements within the FDOT right-of-
way and charge the reasonable costs of such removal following the applicable notice and
cure period provided under the MMOA. If FDOT charges the removal costs to the City
under the MMOA and the City had previously and promptly delivered to Owner the notice
from FDOT concerning such failure to maintain as required under the MMOA, then the
City may bill Owner for the documented costs of such removal, plus a reasonable
administrative fee, not to exceed 15% of the documented expenses thereof. Owner shall
then remit to the City the amount so billed within thirty (30) calendar days after Owner's
receipt of such bill.
6.3 If FDOT charges the City for the costs of replacement of the Improvements within the
Maintenance Area due to Owner's failure to properly maintain the Improvements as
provided in the MMOA and the City had previously and promptly delivered to Owner the
notice from FDOT concerning such failure to maintain as required under the MMOA,then
the.City may bill Owner for the costs of the replacement improvements,plus a reasonable
administrative fee not to exceed 15% of the costs. Owner shall then remit to the City the
amount so billed within thirty(30)calendar days after Owner's receipt of such bill.
7. Future FDOT Improvements. Owner understands and agrees that the Improvements
covered by this Agreement and the MMOA may be removed,relocated, or adjusted at any time in
the future, as determined to be necessary by FDOT for Federal Highway to be widened, altered,
or otherwise changed to meet with future criteria or planning of FDOT.Owner will be given notice
of no less than sixty(60)calendar days to remove said Improvements at Owner's expense.
8. Owner's Additional Improvements. Owner shall not make any additional material
improvements in the Maintenance Area not shown in the Approved Plans unless the plans for such
additional improvements have been approved in writing by FDOT and the City.
9. Term.
9.1 This Agreement shall be coterminous with the MMOA and shall automatically terminate
upon the expiration or earlier termination of the MMOA, after which the parties shall be
relieved from all further liabilities and obligations hereunder,provided that any obligations
of the City that survive the termination of the MMOA shall similarly survive the
Broadstone 150 S.Federal Hwy ROW Maint(FDOT) 4
FTLDOCS 9278115 3
termination of this Agreement to the extent Owner assumed the same under this
Agreement. Should any portion of the Improvements be removed, this Agreement and
Owner's obligations hereunder concerning such portion shall be deemed terminated as to
the removed Improvements but shall remain in full force and effect as to any remaining
Improvements unless otherwise terminated.
9.2 Notwithstanding anything to the contrary in Section 9.1, the City may unilaterally elect to
terminate the Owner's obligations under this Agreement by giving thirty (30) days' prior
written notice to the Owner. Upon such termination, the City shall assume the Owner's
maintenance obligations under this Agreement, and the City and Owner shall be released
from their obligations under this Agreement, excluding those obligations which expressly
survive termination,and this Agreement shall be deemed terminated.
9.3 The termination of this Agreement shall not modify any approvals or other rights of Owner
or any other third party unless such approvals or rights were conditioned on Owner's
compliance with this Agreement and this Agreement was terminated due to a breach of this
Agreement by Owner that was not cured within the Cure Period.
10. Owner's Additional Responsibilities.
10.1 Claims. In the event of any third-party claims for damages related to the Maintenance
Area, Owner shall provide written notice of such claim with all related facts and
documents to the City and FDOT.
10.2 Permits. Owner(or the City, at Owner's cost, if so required by FDOT) shall secure any
applicable permits necessary to fulfill its obligations under the terms and conditions of
this Agreement.
10.3 Intentionally Deleted.
10.4 Compliance with Laws. Owner shall promptly comply with all statutes,ordinances, rules,
orders,regulations,and requirements of all local,state,and federal agencies applicable to
its obligations under the terms of this Agreement.
10.5 Insurance.
(a) Owner shall, at all times during the term of this Agreement, maintain the following
minimum insurance coverages for the Maintenance Area from a company or companies
lawfully authorized to do business in Florida:
Commercial General Liability: Commercial general liability insurance with limits not
less than $1,000,000.00 Combined Single Limit per each occurrence and $2,000,000
aggregate for bodily injury.
Worker's Compensation:Worker's compensation insurance,if and with limits required
by applicable law.
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(b) Certificate of Insurance: Owner shall furnish proof of the required insurance to the
City's Risk Manager before commencing any work within the Maintenance Area and
upon request by the City or FDOT from time to time. To be acceptable to the City,the
liability insurance certificate shall name the City and FDOT as an additional insured
and should contain a clause substantially as follows:
"Should any of the above-described policies be canceled before the expiration date,the
issuing insurance company will mail at least thirty(30)days' written notice to the Risk
Manager of the City of Boynton Beach, 100 East Ocean Avenue, Boynton Beach,
Florida 33435."
(c) In the event Owner contracts with a third party to provide the maintenance services
required under this Agreement, any contract with such third party shall include the
following provisions:
(i) Owner's contractor shall, at all times performing maintenance services
under this Agreement, maintain the following insurance coverages:
(a) Comprehensive General Liability: Minimum limits of
$1,000,000.00 per occurrence combined with a single limit with bodily injury
liability and property damage liability.
(b) Worker's Compensation: Worker's Compensation with limits
required by applicable law and Employer's Liability Insurance with minimum
limits of$500,000 per liability.
(ii) Each liability insurance certificate shall name the City of Boynton Beach
and FDOT as additional insureds on such policies.
(d) The insurance required shall be written for not less than the above limits of liability,
adjusted every five (5) years to ensure coverages are consistent with commercially
reasonable insurance policies maintained by owners of comparable properties in
size,type,quality,and location. Coverages shall be maintained without interruption
from the effective date of this Agreement until the termination or expiration of this
Agreement. Any liability coverage on a claims-made basis shall remain effective
for five(5)years after final payment.
(e) The City represents that it is self-insured. The City shall self-insure or maintain
commercial general liability insurance for claims not arising out of or in connection
with the Owner's obligations under this Agreement.
10.6 Indemnification.
(a) Owner shall indemnify,defend, and hold harmless the City and its commissioners,
officers, employees and agents, and FDOT (the "Indemnified Parties") from all
Broadstone 150 S.Federal Hwy ROW Maint(FDOT) 6
FTLDOCS 9278115 3
liabilities, damages, losses, and costs, including but not limited to reasonable
attorneys' fees, to the extent caused by the negligence, recklessness or intentional
wrongful conduct of Owner, its contractors, employees and agents, and any other
persons directly or indirectly employed or utilized by Owner in the performance of
its maintenance obligations under this Agreement. Owner agrees to pay all such
claims and losses and shall defend, using counsel of Owner's choosing, all such
suits in the name of the Indemnified Parties, including but not limited to appellate
proceedings, and shall pay all costs, judgments and reasonable attorneys' fees
which may issue thereon. This indemnification agreement is separate and apart
from,and in no way limited by,any insurance provided pursuant to this Agreement
or otherwise.This Section shall not be construed to require the Owner to indemnify
the Indemnified Parties against the consequences of Indemnified Parties
negligence, intentional acts, or omissions. Nothing in this Agreement shall be
deemed to be a waiver of the City's or FDOT's sovereign immunity under Section
768.28, Florida Statutes. This clause shall survive the expiration or termination of
this Agreement.
(b) In the event Owner contracts with a third party to provide the maintenance services
required under this Agreement,any contract with such third party shall include the
following provision: Owner's contractor shall indemnify, defend, save, and hold
harmless the City of Boynton Beach and FDOT and their respective commissioners,
officers, employees, and agents from all claims, demands, liabilities, and suits of
any nature arising out of, because of,or due to any intentional and/or negligent act
or occurrence, omission or commission of such contractor or its subcontractors.
Owner shall provide the City written evidence of the preceding upon the request of
the City. This paragraph shall not be construed to require Owner or its contractor
to indemnify the City or FDOT for their own negligence.Nothing in this Agreement
shall be deemed to be a waiver of FDOT's or the City's sovereign immunity or the
liability limits provided under Section 768.28, Florida Statutes. This clause shall
survive the expiration or termination of this Agreement.
11. Liability.Nothing in this Agreement is intended to impose or transfer to Owner any liability
for anything other than the maintenance of the Improvements within the Maintenance Area, as
provided in this Agreement.
12. No Interest or Estate.Except for the right of access to install the Improvements and conduct
its responsibilities under this Agreement and/or the maintenance of the Maintenance Area, this
Agreement does not create in the Owner any rights,claim of any interest or estate of any kind or
extent whatsoever in the Maintenance Area by virtue of this Agreement, unless such right is
subsequently granted to Owner by FDOT.
13. No Third Party Beneficiaries. No person or entity other than the parties to this Agreement
shall be deemed a beneficiary of this Agreement.
14. Notices. Whenever either party desires to give notice to the other, it must be provided by
written notice, sent by certified United States mail, with return receipt requested, or overnight
Broadstone 150 S. Federal Hwy ROW Maint(FDOT) 7
FTLDOCS 9278115 3
express addressed to the party from whom it is intended, at the place as specified, and the place
for giving of notice in compliance with the provisions of this paragraph. For the present,the parties
designate the following as the respected places for giving notice:
To the City: City Manager
City of Boynton Beach
100 East Ocean Avenue
Boynton Beach, Florida 33435
With Copy to: City Attorney
City of Boynton Beach
100 East Ocean Avenue
Boynton Beach, Florida 33435
To Owner: Boynton Beach Apartments Venture, LLC
1800 North Military Trail, Suite 250
Boca Raton, Florida 33431
Attention: Robert Hall
Email: rmhall@allresco.com
With Copy to: Shutts& Bowen LLP
201 East Las Olas Boulevard, Suite 2200
Fort Lauderdale, Florida 33301
Attention: Sandra E. Krumbein, Esquire
Email: SKrumbein@shutts.com
15. Intentionally Deleted.
16. Governing Law; Jurisdiction; Venue; Litigation. This Agreement shall be construed and
interpreted,and the rights of the parties hereto determined,in accordance with Florida law without
regard to conflicts of law provisions. The parties hereby irrevocably submit to the jurisdiction
submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree
that the proper venue for any suit concerning this Agreement shall be exclusively in Palm Beach
County, Florida, or the Federal Southern District of Florida. Notwithstanding the foregoing, in
case of a dispute involving FDOT, Section 17 of the MMOA shall prevail. Owner agrees to waive
all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. TO
ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY
HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS
AGREEMENT.
17. Non-Binding Mediation. Prior to the commencement of any court action arising out of this
Agreement,the parties agree to attempt to resolve the dispute through non-binding mediation with
a mediator mutually acceptable to both parties.The costs of such mediation shall be shared equally
by the parties.
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18. Severability. Should any provision of this Agreement be declared invalid by a court of
competent jurisdiction, the same shall not affect the validity of this Agreement as a whole or any
part thereof, other than the provision declared invalid. Every other term and provision of this
Agreement shall be deemed valid and enforceable to the maximum extent permitted by law.
19. Waiver. No delay or failure on the part of any party to exercise any right or remedy
occurring to such party upon the occurrence of an event or violation of this Agreement shall affect
any such right or remedy,held to be in abandonment thereof or preclude a party from the exercise
thereof at any time during the continuance of any event of a violation.No waiver of a single event
of violation by a party shall be deemed a waiver of any subsequent event of violation.Furthermore,
no waiver of any provision of this Agreement shall be effective unless it is in writing and signed
by the party against whom it is asserted,and any such written waiver shall only apply to the specific
instance to which it relates.
20. Covenant Running with the Land; Recording. Owner's responsibilities under this
Agreement shall be a covenant running with the Property and shall be binding upon and inure to
the benefit of the Owner's successors and/or assigns. If Owner conveys all of the Property, then
Owner shall be released and discharged from all of its obligations and liabilities under this
Agreement, and the party acquiring the Property shall be deemed to have assumed all of such
obligations and liabilities. City may record this Agreement in the Public Records of Palm Beach
County indexed to the Property.
21. Estoppel Certificate. City agrees, within fifteen (15) days after request by Owner, to
execute,acknowledge,and deliver to Owner or any prospective purchaser,assignee,or mortgagee
designated by Owner, a certificate stating: (i) that this Agreement is unmodified and in full force
and effect (or if there have been modifications, that this Agreement is in full force and effect as
modified, and identifying the modification agreements); (ii) whether or not there is an existing
default by Owner under this Agreement of which the City has knowledge, and if there is any such
default, specifying the nature and extent thereof; (iii) whether or not there are any defenses or
counterclaims against enforcement of the obligations to be performed hereunder existing in favor
of the City;and(iv)such other matters concerning the status of this Agreement or the performance
by Owner of its obligations hereunder as shall be reasonably requested.
22. Entire Agreement. This Agreement and Exhibits, which are incorporated into this
Agreement in their entirety (regardless of whether attached), embody the entire agreement and
understanding of the parties concerning the subject matter of this Agreement and supersede all
prior and contemporaneous agreements and understandings,oral or written,relating to said subject
matter.
Broadstone 150 S. Federal Hwy ROW Maint(FDOT) 9
FTLDOCS 9278115 3
RIGHT-OF-WAY MAINTENANCE AGREEMENT
State Road 5/Federal Highway/US Highway 1 from M.P. 14.162 to M.P. 14.232
IN WITNESS WHEREOF, the parties hereto have made and executed this Right of Way
Maintenance Agreement on the date last indicated below.
ATTEST: CITY OF BOYNTON BEACH
By:
Mayle: D: esus, City C rk _ t - ga, Mayor
. -, 4.' , 2024
City Attorney's Office
--PTO(" N T.04;%„,
�
Appro d as to f an legality ;pF •R••R 1...<4
;� �GO PD gT••,F
By: /K ,� v
I SEAL ='
STATE OF FLORIDA ) :INCORPORATEDi
COUNTY OF PALM BEACH '4; 1920
Se
t�
The foregoing Right of Way Ma• art eement was acknowledged before me by
means of physical presence this day of `011e mDeAr , 2024,by Ty Penserga,
as Mayor of the City of Boynton Beach, who ispersonallv known to me, as an action of the City
of Boynton Beach.
"",%, SRIVIE
:NotaKEYrPliIERAStoDELOFlorida j Di 5
SEAT •!-��•E Commissionyubc-
#ate HH 320719f
My Commission Expires Signature of Notary Public
October 10,2026
a
(Print, type or stamp name) ‘ItA.)\€\t( ()L me
Commission number: V 3 2 0 1 \9
Broadstone 150 S.Federal Hwy ROW Maint(FDOT) 10
FTLDOCS 9278115 3
RIGHT-OF-WAY MAINTENANCE AGREEMENT
State Road 5/Federal Highway/US Highway 1 from M.P. 14.162 to M.P. 14.232
WITNESS: OWNER:
BOYNTON BEACH APARTMENTS
VENTURE, LLC, a Delaware limited liability
company
Print Name: SGdRGAley..
Address:l)6b NM;/;t iLvTi*;f Aacd4-124,1-0.) By: Broadstone Boynton Beach Alliance, LLC,
3Ty2( a Delaware limited liability company,
1
its Managing Me • .s'
Prin N e: t-todry Glows ki
Address: ff t M,/ie _TAK .�4, By:
�� a 13 y3( Robert Hall, Member
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing Right of Way Mainte A reement was acknowledged before me by means of
physical presence this 414' day ofN utnibey ,2024,by Robert Hall as Member
of Broadstone Boynton Beach Alliance,LLC, a Delaware limited liability company,as Managing
Member of BOYNTON BEACH APARTMENTS VENTURE, LLC, a Delaware limited liability
company, as an act of the limited liability company.
who is personally known to me OR❑ produced as identification.
(SEAL) LLQ :� /frt.
Signature of Notary Public .t 't, Notary Public State of Florida
4' F Madison Godin
My Commission NN 142253
(Print, type or stamp name) '�, Expires 06114/2025
Commission number : LIZ b;
Broadstone 150 S.Federal Hwy ROW Maint(FDOT) 11
10.2.24
FTLDOCS 9278115 3
, A
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:
LOTS 5,6,7 AND 8,LESS THE WEST 25 FEET THEREOF, LOTS 95 AND 96 AND LOTS 65 AND 66,LESS THE STATE
ROAD RIGHT OF WAY OF THE LAWNS,ACCORDING TO THE PLAT THEREOF,RECORDED IN PLAT BOOK 9,PAGE 69 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA.
PARCEL 2:
LOTS 9, 10, 11 AND 12 AND THE NORTH 10 FEET OF LOT 13,THE LAWNS,ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,SUBJECT TO ANY
EXISTING STREET RIGHT OF WAY.
PARCEL 3:
LOTS 15 AND 16,THE LAWNS,ACCORDING TO THE PLAT THEREOF,RECORDED IN PLAT BOOK 9,PAGE 69 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,SUBJECT TO ANY EXISTING STREET RIGHT OF WAY.
PARCEL 4:
THE SOUTH 15 FEET OF LOT 13 AND ALL OF LOT 14, LESS THE WEST 25 FEET THEREOF PREVIOUSLY DEEDED TO THE
STATE OF FLORIDA FOR ROAD RIGHT OF WAY PURPOSES,AND ALL OF LOTS 61,62,63 AND 64,THE LAWNS,
ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 5:
LOTS 67,68,69,70,THE LAWNS,ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 9,AT PAGE 69.
PARCEL 6:
LOTS 71 AND 72,THE LAWNS,ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 9,AT PAGE 69
PARCEL 7:
LOTS 57,58, 59 and 60,THE LAWNS,ACCORDING TO THE PLAT THEREOF,RECORDED IN PLAT BOOK 9, PAGE 69 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA.
PARCEL 8:
PORTION OF RIGHT OF WAY KNOWN AS SE 1ST AVENUE LYING BETWEEN LOT 8,LESS THE WEST 25 FEET AND LOTS
95 AND 96 AND LOT 9,LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF THE LAWNS",ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95;THENCE SOUTH 00°00'00"EAST ALONG THE SOUTHERLY
PROJECTION OF THE EAST LINE OF SAID LOT 95,45.01 FEET TO THE NORTHEAST CORNER OF LOT 66;THENCE
NORTH 88°46'20"WEST ALONG THE SOUTH RIGHT-OF-WAY UNE OF SAID SE 1ST AVENUE,ALSO BEING THE NORTH
LINE OF SAID LOTS 66,65,AND 9,FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY UNE OF SOUTH
FEDERAL HIGHWAY(US HIGHWAY NO.1);THENCE NORTH 00°00'00"WEST ALONG SAID EAST RIGHT-OF-WAY,LYING
25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST UNE OF SAID LOT 9 FOR 45.01
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FEET;THENCE SOUTH 88°46'20 EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1ST AVENUE ALSO BEING
THE SOUTH LINE OF SAID LOTS 8,96,AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING.AS SHOWN IN
ORDINANCE NO.20-035 RECORDED IN OFFICIAL RECORDS BOOK 32151, PAGE 634,PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
PARCELS 1 THROUGH 8 BEING ALSO DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 16,"THE LAWNS";THENCE NORTH 00°00'00"WEST 345.00 FEET
ALONG THE EAST RIGHT OF WAY LINE OF S.FEDERAL HIGHWAY TO THE NORTHWEST CORNER OF LOT 5;THENCE
SOUTH 88°46'20"EAST 174.99 FEET TO THE NORTHEAST CORNER OF LOT 95;THENCE SOUTH 00°00'00"EAST 145.00
FEET TO THE NORTHEAST CORNER OF LOT 66;THENCE SOUTH 88°46'20"EAST 300.00 FEET ALONG THE SOUTH
RIGHT-OF-WAY UNE OF SE 1ST AVENUE TO THE NORTHEAST CORNER OF LOT 72;THENCE SOUTH 00°00'00"EAST
200.00 FEET TO THE SOUTHEAST CORNER OF LOT 57;THENCE NORTH 88°46'20"WEST ALONG THE NORTH RIGHT-
OF-WAY UNE OF SE 2ND AVENUE FOR 474.99 FEET TO THE POINT OF BEGINNING.
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EXHIBIT B
FDOT MMOA
(attached)
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DocuSign Envelope ID.5FAFE542-F878-43F9-8F06-24004513C7EC
SECTION: 93010000
PERMIT: 2023-L-496-00003
COUNTY: Palm Beach
STATE RD: 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 25th day of February 2024,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY
OF BOYNTON BEACH, a municipal corporation, existing under the Laws of Florida, hereinafter
called the AGENCY.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over SR5 (US1/Federal Hwy) as part of the
State Highway System as described in Exhibit "A"; and
WHEREAS, the AGENCY seeks to install by permit and maintain certain landscape
improvements within the right of way of SR5 (US1/Federal Hwy) as described within Exhibit
"B"; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain the highway facility as described in Exhibit "A" attached hereto
and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is agreeable to maintaining those landscape improvements within
the AGENCY'S limits including plant materials, irrigation system and/or hardscape which may
contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt
[also known as patterned pavement]) including any other nonstandard hardscape (if applicable),
but excluding standard concrete sidewalk, and agree such improvements shall be maintained by
periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation
repair and/or repair of the median concrete replacements associated with the specialty surfacing
(if applicable) as needed; and
WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall
maintain all right of way within the medians, outside the traveled way and improvements made
to the traveled way that was made at the request of the AGENCY; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY, by Resolution No. R24-034 , dated February 20 , 20 24 ,
attached hereto as Exhibit "D" and by this reference made a part hereof, desires to enter into
this Agreement and authorizes its officers to do so.
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NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other,
the parties covenant and agree as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. INSTALLATION OF FACILITIES
The AGENCY shall install and agrees to maintain the landscape improvements described
herein as: plant materials, irrigation and/or hardscape on the highway facilities substantially
as specified in plans and specifications hereinafter referred to as the Project(s) and
incorporated herein as Exhibit "B". Hardscape shall mean, but not be limited to, any site
amenities such as landscape accent lighting, bike racks, fountains, tree grates, decorative
free-standing walls, and/or sidewalk, median and/or roadway specialty surfacing such as
concrete pavers, stamped colored concrete and/or stamped colored asphalt (also known as
patterned pavement).
(a) All plant materials shall be installed and maintained in strict accordance with sound
nursery practice prescribed by the International Society of Arboriculture (ISA). All
plant materials installed shall be Florida #1 or better according to the most current
edition of Florida Department of Agriculture, Florida Grades and Standards for
Nursery Stock; and all trees shall meet Florida Power & Light, Right Tree, Right
Place, South Florida.
(b) Trees and palms within the right of way shall be installed and pruned to prevent
encroachment to roadways, lateral offsets, and sidewalks. Definition of these
criteria is included in the most current editions of FDOT standards for design,
construction, maintenance, and utility operations on the state highway system and
Exhibit "C", the Maintenance Plan.
(c) Tree and palm pruning shall be supervised by properly trained personnel trained in
tree pruning techniques and shall meet the most current standards set forth by the
International Society of Arboriculture (ISA) and the American National Standard
Institute (ANSI), Part A-300.
(d) Irrigation installation and maintenance activities shall conform to the standards set
forth by the Florida Irrigation Society (FIS) latest edition of FIS, Standards and
Specifications for Turf and Landscape Irrigation Systems.
(e) The AGENCY shall provide the FDOT Local Operation Center accurate as-built
plans of the irrigation system so if in the future there is a need for the
DEPARTMENT to perform work in the area, the system can be accommodated as
much as possible. (See paragraph ( I )for contact information)
(f) If it becomes necessary to provide utilities (water/electricity) to the median or side
areas, it shall be the AGENCY'S responsibility to obtain a permit for such work
through the local Operations Center (see paragraph ( I ) below) and the AGENCY
shall be responsible for all associated fees for the installation and maintenance of
these utilities.
(g) All specialty surfacing shall be installed and maintained in strict accordance with
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the most current edition of the Florida Accessibility Code for Building Construction
and the Interlocking Concrete Pavement institute (ICP/).
(h) All activities, including landscape improvements installation and future
maintenance operations performed on State highway right of way, must be in
conformity with the most current edition of the Manual on Uniform Traffic Control
(MUTCD) and FDOT Standard Plans for Road Construction, 102-XXX series,
Maintenance of Traffic.
(i) The most current edition of FDOT Design Manual, Section 212.11 and Exhibits
212.4 through 212.7 regarding clear sight triangles at intersections must be
adhered to.
(j) Clear Zone Lateral Offset and as specified in the FDOT Design Manual, Chapter
215 must be adhered to.
(k) Landscape improvements shall not obstruct roadside signs or permitted outdoor
advertising signs, (see Florida Administrative Code [F.A.C.] Rule Chapter 14-10.)
(I) The AGENCY shall provide the local FDOT Operation Center located at Palm
Beach Operations, 7900 Forest Hill Boulevard, West Palm Beach, FL 33413 (561)
432-4966 a twenty-four (24) hour telephone number and the name of a responsible
person that the DEPARTMENT may contact. The AGENCY shall notify the local
maintenance office forty-eight (48) hours prior to the start of the landscape
improvements.
(m) If there is a need to restrict the normal flow of traffic, it shall be done on non-
holiday, weekday off-peak hours (9 AM to 3 PM), and the party performing such
work shall give notice to the local law enforcement agency within whose jurisdiction
such road is located prior to commencing work on the landscape improvements.
The DEPARTMENT'S Operation Center Public Information Officer (see telephone
number in Paragraph ( I ) shall also be notified.
(n) The AGENCY shall be responsible for ensuring no impacts to utilities will occur
within the landscape improvement limits before construction commences.
(o) The AGENCY shall follow the minimum level of maintenance guidelines as set
forth in FDOT'S Rule Chapter 14-40 Highway Beautification and Landscape
Management, in the FDOT Guide to Roadside Mowing and Maintenance
Management System, and Exhibit "C", the Maintenance Plan for maintenance
activities for landscape improvements.
3. MAINTENANCE OF FACILITIES
A. The AGENCY agrees to maintain the landscape improvements, as existing and
those to be installed, within the physical limits described in Exhibit "A" and as
further described in Exhibit "B". The non-standard improvements within and outside
the traveled way shall be maintained by the AGENCY regardless if the said
improvement was made by the DEPARTMENT, the AGENCY, or others authorized
pursuant to Section 7, by periodic mowing, pruning, fertilizing, weeding, curb and
sidewalk edging, litter pickup, necessary replanting, irrigation system repair and/ or
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repair of any median concrete replacement associated with specialty surfacing (if
applicable) following the DEPARTMENT'S landscape safety and maintenance
guidelines, Exhibit "C", the Maintenance Plan. The AGENCY'S responsibility for
maintenance shall include all landscaped, turfed and hardscape areas on the
sidewalk or within the medians and areas outside the traveled way to the right of way
and/or areas within the traveled way containing specialty surfacing. It shall be the
responsibility of the AGENCY to restore an unacceptable ride condition of the
roadway caused by the differential characteristics of non-standard traveled way
surfacing (if applicable) on DEPARTMENT right of way within the limits of this
Agreement.
B. Such maintenance to be provided by the AGENCY is specifically set out as follows:
to maintain, which means to properly water and fertilize all plant materials; to keep
them as free as practicable from disease and harmful insects; to properly mulch the
planting beds; to keep the premises free of weeds; to mow the turf to the proper
height; to properly prune all plants which at a minimum includes: (1) removing dead
or diseased parts of plants, (2) pruning such parts thereof to provide clear visibility to
signage, permitted outdoor advertising signs per Florida Statute 479.106 and for
those using the roadway and/or sidewalk; (3) preventing any other potential roadway
hazards. Plant materials shall be those items which would be scientifically classified
as plants and including trees, palms, shrubs, groundcover and turf. To maintain also
means to remove or replace dead or diseased plant materials in their entirety, or to
remove or replace those that fall below original project standards. Palms shall be
kept fruit free year-round. To maintain also means to keep the header curbs that
contain the specialty surfacing treatment in optimum condition. To maintain also
means to keep the nonstandard hardscape areas clean, free from weeds and to
repair said hardscape as is necessary to prevent a safety hazard. To maintain also
means to keep litter removed from the median and areas outside the travel way to
the right of way line. All plants removed for whatever reason shall be replaced by
plants of the same species type, size, and grade as specified in the original plans
and specifications. Any changes to the original plans shall be submitted by permit
application to the DEPARTMENT for review and approval.
C. If it becomes necessary to provide utilities (water/electricity) to the medians or areas
outside the traveled way to maintain these improvements, all costs associated with
the utilities associated for the landscape improvements including any impact and/or
connection fees, and the on-going cost of utility usage for water and electrical, are
the maintaining AGENCY'S responsibility.
The AGENCY shall be directly responsible for impact and connection fees.
D. The maintenance functions to be performed by the AGENCY may be subject to
periodic inspections by the DEPARTMENT at the discretion of the
DEPARTMENT. Such inspection findings will be shared with the AGENCY and
shall be the basis of all decisions regarding repayment, reworking or agreement
termination. The AGENCY shall not change or deviate from said plans without
written approval of the DEPARTMENT.
4. DEPARTMENT ACCESS TO FACILITIES
The DEPARTMENT will periodically need access to various features within the limits of this
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agreement. Upon request of the DEPARTMENT, the AGENCY will have 14 calendar days to
provide access to the items noted by the DEPARTMENT. This may require temporary or
permanent removal of improvements such as hardscape, landscape or other items
conflicting with the items to which the Department needs access.
Should the AGENCY fail to remove or relocate items as requested, the Department may:
(a) Remove conflicting improvements or any portion thereof.
(b) Restore the area with any material meeting Department standards.
(c) Restore the improvements at the request and funding of the AGENCY.
5. NOTICE OF MAINTENANCE DEFICIENCIES
If at any time after the AGENCY has undertaken the landscape improvements installation
and/or maintenance responsibility for the landscape improvements it shall come to the
attention of the DEPARTMENT'S District Secretary that the limits, or a part thereof, are not
properly maintained pursuant to the terms of this Agreement, said District Secretary, may at
his/her option, issue a written notice that a deficiency or deficiencies exist(s), by sending a
certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the
AGENCY shall have a period of thirty (30) calendar days within which to correct the cited
deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT
may, at its option, proceed as follows:
(a) Maintain the landscape improvements or any part thereof, with the DEPARTMENT
or Contractor's personnel and invoice the AGENCY for expenses incurred, and/or
(b) At the discretion of the DEPARTMENT, terminate the Agreement in accordance
with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or
Contractor's personnel, all of the landscape improvements installed under this
Agreement or any preceding Agreements, except as to trees and palms, and
charge the AGENCY the reasonable cost of such removal.
6. FUTURE DEPARTMENT IMPROVEMENTS
It is understood between the parties hereto that the landscape improvements covered by
this Agreement may be removed, relocated, or adjusted at any time in the future, as
determined to be necessary by the DEPARTMENT in order that the adjacent state road be
widened, altered, or otherwise changed to meet future criteria or planning needs of the
DEPARTMENT.
The AGENCY shall be given sixty (60) calendar day notice to remove said landscape
improvements at the AGENCY'S expense after which time the DEPARTMENT may remove
same. All permits (including tree permits), fees, and any mitigation associated with the
removal, relocation or adjustments of these improvements are the maintaining AGENCY'S
responsibility.
7. FUTURE AGENCY IMPROVEMENTS
The AGENCY may construct additional landscape improvements within the limits of the
landscape improvements rights of ways identified as a result of this document, subject to the
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following conditions:
(a) Plans for any new landscape improvements shall be subject to approval by the
DEPARTMENT. The AGENCY shall not change or deviate from said plans without
written approval by the DEPARTMENT.
(b) All landscape improvements shall be developed and implemented in accordance
with appropriate state safety and roadway design standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape improvements it chooses to have installed and
there will be no cost to the DEPARTMENT.
8. ADJACENT PROPERTY OWNER IMPROVEMENTS
The DEPARTMENT may allow an adjacent property owner to construct additional landscape
improvements within the limits of the right of way identified in Exhibit "A" of this Agreement
that the AGENCY shall be responsible for maintaining under this Agreement, subject to the
following conditions:
(a) Plans for any new landscape improvements shall be subject to approval by the
DEPARTMENT and shall require a valid permit attached with a letter of consent to
said plans by the AGENCY. The plans shall not be changed or deviated from
without written approval by the DEPARTMENT and the AGENCY.
(b) All landscape improvements shall be developed and implemented in accordance
with appropriate state safety and roadway design standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape improvements installed by an adjacent owner.
9. AGREEMENT TERMINATION
In addition to those conditions otherwise contained herein, this Agreement may be
terminated under any one (1) of the following conditions:
(a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this
Agreement, following ten (10) days written notice.
(b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter
119, Florida Statutes, and made or received by the AGENCY in conjunction with
this Agreement.
10. AGREEMENT TERM
(a) The term of this Agreement commences upon execution by all parties and shall
remain in effect for the life of the improvement, or until this Agreement is
terminated by either party in accordance with Paragraph 9.
(b) If the DEPARTMENT chooses to cancel the landscape improvements described in
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Exhibit "B", this Agreement becomes void and the original Agreement is
reinstated, if any.
11. LIABILITY AND INSURANCE REQUIREMENTS
A. With respect to any of the AGENCY'S agents, consultants, sub-consultants,
contractors and/or sub-contractors, such party in any contract for the landscape
improvements shall agree to indemnify, defend, save and hold harmless the
DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising
out of, because of or due to any intentional and/or negligent act or occurrence,
omission or commission of such agents, consultants, subconsultants, contractors
and/or subcontractors. The AGENCY shall provide the DEPARTMENT with written
evidence of the foregoing upon the request of the DEPARTMENT. It is specifically
understood and agreed that this indemnification clause does not cover or indemnify
the DEPARTMENT for its own negligence.
B. In the event that AGENCY contracts with a third party to provide the services set
forth herein, any contract with such third party shall include the following provisions:
(1) AGENCY'S contractor shall at all times during the term of this Agreement keep
and maintain in full force and effect, at contractor's sole cost and expense,
Comprehensive General Liability with minimum limits of $1,000,000.00 per
occurrence combined single limit for Bodily Injury Liability and Property Damage
Liability and Worker's Compensation insurance with minimum limits of
$500,000.00 per Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability and
Worker's Compensation policy without restrictive endorsements, as filed by the
Insurance Services Office. The AGENCY and DEPARTMENT shall be named as
additional insured on such policies.
(2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of
Endorsements evidencing the insurance coverage specified herein prior to the
beginning performance of work under this Agreement.
(3) Coverage is not to cease and is to remain in full force and effect (subject to
cancellation notice) until all performance required of AGENCY'S contractor is
completed. All policies must be endorsed to provide the DEPARTMENT with at
least thirty (30) day notice of cancellation and/or restriction. If any of the
insurance coverage will expire prior to the completion of work, copies of renewal
policies shall be furnished at least (30) days prior to the date of expiration.
12. E-VERIFY REQUIREMENTS
The AGENCY shall:
(a) Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the AGENCY during the term
of the contract; and
(b) Expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
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DocuSign Envelope ID.5FAFE542-F878-43F9-8F06-24004513C7EC
Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract term.
13. SUPERSEDED AGREEMENTS
This writing embodies the entire Agreement and understanding between the parties hereto
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
14. FISCAL TERMS
The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money will/may
be paid on such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding one (1) year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of
the DEPARTMENT which are for an amount in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period of more than one year.
15. DISPUTES
The DEPARTMENT'S District Secretary shall decide all questions, difficulties, and disputes
of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount, and
value thereof; and his decision upon all claims, questions, and disputes shall be final and
conclusive upon the parties hereto.
16. ASSIGNMENT
This Agreement may not be assigned or transferred by the AGENCY, in whole or in part,
without the prior written consent of the DEPARTMENT.
17. LAWS GOVERNING
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. In the event of a conflict between any portion of the contract and Florida
law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and jurisdictional
venue. The DEPARTMENT shall determine the forum and venue in which any dispute under
this Agreement is decided.
18. NOTICES
Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
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DocuSign Envelope ID 5FAFE542-F878-43F9-8F06-24004513C7EC
If to the DEPARTMENT: If to the AGENCY:
Florida Dept. of Transportation City of Boynton Beach
3400 West Commercial Blvd. 100 East Ocean Avenue
Ft. Lauderdale, FL 33309-3421 Boynton Beach, FL 33435
Attn: Kaylee Kildare Attn: Craig Pinder
District IV Landscape Manager Title: City Planner
19. LIST OF EXHIBITS
Exhibit A: Landscape Improvements Maintenance Boundaries
Exhibit B: Landscape Improvement Plans
Exhibit C: Maintenance Plan for Landscape Improvements
Exhibit D: Resolution
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DocuSign Envelope ID:5FAFE542-F878-43F9-8F06-24004513C7EC
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first written above.
CITY OF BOYNTON BEACH
of
By _ t �
—Date: t-, a (Vick*
Chairperson/Mayo an ger
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Attest. ' 1 II . '1., (SEAL) ;O.GoaNORgI•;6F i�
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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By. '- 5zeCaFDc7Aaens Date:
Transportation Development Director
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Executive Secretary
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Legal Review: 47t1FFRR1D1RF464
Office of the District General Counsel
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DocuSign Envelope ID:5FAFE542-F878-43F9-8F06-24004513C7EC
SECTION: 93010000
PERMIT: 2023-L-496-00003
COUNTY: Palm Beach
STATE RD: 5
EXHIBIT A
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES
I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS:
State Road 5 / Federal Highway/ US Highway 1 from M.P. 14.162 to M.P. 14.232
II. LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES:
See attached map.
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DocuSipn Envelope ID:5FAFE542-F878-43F9-8F06-24004513C7EC
BEGIN PROJECT END PROJECT
MP 14.162 t 7'SIDEWALK MP 14.232
EASEMENT
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FDOT LANDSCAPE PERMIT NUMBER 2023-L-M427
DocuSign Envelope ID 5FAFE542-F878-43F9-8F06-24004513C7EC
SECTION: 93010000
PERMIT: 2023-L-496-00003
COUNTY: Palm Beach
STATE RD: 5
EXHIBIT B
LANDSCAPE IMPROVEMENT PLANS
The AGENCY agrees to install the landscape improvements in accordance with the plans
and specifications attached hereto and incorporated herein.
Please see attached plans prepared by: Herbert C. Hodgman, RLA
Rhett Roy Landscape Architecture
Date: October 16, 2023
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SECTION: 93010000
PERMIT: 2023-L-496-00003
COUNTY: Palm Beach
STATE RD: 5
EXHIBIT C
MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS
This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE
MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida,
Department of Transportation and the AGENCY.
Please see attached
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DocuSign Envelope ID: 5FAFE542-F878-43F9-8F06-24004513C7EC
MAINTENANCE PLAN
Landscape Improvements
Project State Road No(s): SR5 / Federal Hwy/ US1 from M.P. 14.162 to M.P. 14.232
Permit or FM No(s): 2023-L-496-00003
RLA of Record: Herbert C. Hodgman
Maintaining Agency: City of Boynton Beach
Date: March 23, 2023
The purpose of a plan for the landscape improvements maintenance practices is to allow the plant
material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and
conserving our natural resources. Plantings and all other landscape improvements within FDOT right of
way shall be maintained to avoid potential roadway hazards and to provide required clear visibility,
accessibility, clearance, and setbacks as set forth by Florida Department of Transportation (FDOT)
governing standards and specifications: FDOT Standard Plans, FDOT Plans Design Manual and FDOT
Standard Specifications for Road and Bridge Construction, as amended by contract documents, and all
other requirements set forth by the District 4 Operations Maintenance Engineer.
Part I of the Maintenance Plan describes general maintenance requirements and recommendations that
are standard for all projects. Part II provides recommendations prepared by the Registered Landscape
Architect of Record specific to the attached approved plans.
PART I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS:
WATERING REQUIREMENTS
Watering is a critical concern for not only the maintenance of healthy plant material but also for
observing water conservation practices. The amount of water to apply at any one time varies
with the weather, drainage conditions and water holding capacity of the soil. For plant materials
that have been established, it is imperative that any mandated water restrictions be fully
conformed to on FDOT roadways.
Proper watering techniques should provide even and thorough water dispersal to wet the entire
root zone, but not saturate the soil or over-spray onto travel lanes.
IRRIGATION SYSTEM
The Agency shall ensure there are no roadway overspray or irrigation activities during daytime
hours (most notably "rush hour" traffic periods). It is imperative the irrigation controller is
properly set to run early enough that the watering process will be entirely completed before high
traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the
Agency shall monitor the system for water leaks and the rain sensors to ensure they are
functioning properly so that the system shuts down when there is sufficient rainfall.
MULCHING
Mulch planting beds to prevent weed growth, retain moisture to the plants, protect against soil
erosion and nutrient loss, maintain a more uniform soil temperature, and improve the
appearance of the planting beds. Do not mound mulch against the trunks of trees, palms, and
the base of shrubs to allow air movement which aids in lowering disease susceptibility. Cypress
mulch is prohibited on state right of way.
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DocuSign Envelope ID. 5FAFE542-F878-43F9-8F06-24004513C7EC
INTEGRATED PLANT MANAGEMENT
An assessment of each planting area's soil is recommended to periodically determine the
nutrient levels needed to sustain healthy, vigorous plant growth.
Palms, shrubs, trees, and turf areas shall be fertilized in such a manner and frequency to
ensure that the plant material remains healthy and vigorously growing. Please be alert to
changes in fertilization types per University of Florida, Institute of Food and Agricultural Services
(I.F.A.S.) recommendations. Establishment of an integrated pest management program is
encouraged to ensure healthy plants, which are free of disease and pests.
PRUNING
All pruning, and the associated safety criteria, shall be performed according to American
National Standard Institute (ANSI) A300 standards and shall be supervised by an International
Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and
natural growth of plant materials in mind, to achieve the FDOT requirements for maintaining
clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck
traffic where applicable. Visibility windows must be maintained free of view obstructions, and all
trees and palms must be maintained to prevent potential roadway and pedestrian hazards. All
palms are to be kept fruit free. The understory plant materials selected for use within the
restricted planting areas (Limits of Clear Sight) are to be mature height in compliance with the
FDM Window Detail. Vertical clear zones for vegetation heights over roadways and sidewalks
must meet the requirements of the FDOT Maintenance Rating Program (MRP) standards. See
Reference pages. The R.L.A. of Record will provide the specific pruning heights for mature or
maintained height and spread of all plant material to achieve the design intent shall be noted in
Part II., Specific Project Site Maintenance Requirements and Recommendations.
STAKING AND GUYING
All staking materials are to be removed after one year or as directed by the RLA of Record.).
Any subsequent staking and guying activities by the Agency must adhere to FDOT Standard
Plans guidelines (See Index 580-001). The Agency shall closely monitor staking and guying
attachment materials so that they are securely fastened to avoid potential roadway hazards.
TURF MOWING
All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep,
healthy root system while providing a neat and clean appearance to the urban landscape. All
turf efforts, mowing, curb/sidewalk edging and turf condition, must at a minimum, meet FDOT
Maintenance Rating Program (MRP).
LITTER CONTROL
The project site shall remain as litter free as practicable. It is recommended to recycle this litter
to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance
Rating Program (MRP) standards.
WEEDING/HERBICIDE
All planting areas shall be maintained as weed free as practicable by enlisting integrated pest
management practices in areas specified on the plans and maintaining proper mulch levels.
Extreme care is recommended when using a chemical herbicide to avoid overspray onto plant
materials. It is the applicator's responsibility to restore any damage resulting from overspray to
the plantings, per the approved plans.
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PLANT REPLACEMENT
Plant replacement shall be the same species and specification as the approved plan. Move and
replace all plant materials that may conflict with utility relocations and service. Only plants
graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services,
Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become
necessary to change the species, a permit is required from FDOT for approval by the FDOT
District Landscape Architect.
TREE CELL STRUCTURES
Underground tree cells shall be maintained in such a manner as to prolong the life of the
structure and prevent potential safety hazards. If the structures fail or become damaged, they
shall be replaced with the same type and specification as the approved plan.
LANDSCAPE ACCENT LIGHTING
Landscape accent lighting shall be maintained in such a manner as to prolong the life of the
lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system
become damaged, they shall be replaced with the same type and specification as the approved
plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching.
HARDSCAPE (SPECIALTY SURFACING)
All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to
prevent any potential tripping hazards and protect damage to the surfacing and tree grates.
Final surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT
Maintenance Rating Program Handbook for a sidewalk; ADA accessible sidewalk; and FDOT
Design Standards for Design, Construction, Maintenance and Utility Operations on The State
Highway System. If the specialty surfacing or tree grates become damaged, they shall be
replaced with the same type and specification as the approved plan.
HARDSCAPE (CONCRETE PAVERS)
All concrete pavers (if applicable) shall be maintained in such a manner as to prevent any
potential tripping hazards and protect damage to the pavers. Final surface tolerance from grade
elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute
(ICPI), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking
Concrete Pavers, Part 3.05. If the concrete pavers become damaged, they shall be replaced
with the same type and specification as the approved plan.
It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard
surfacing area. Such maintenance to be provided by the AGENCY shall include repair and
replacement of the sign panel, post, and base.
HARDSCAPE (NON-STANDARD TRAVELED WAY SURFACING)
It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the
roadway, including asphalt pavement (if applicable), caused, or contributed by the installation or
failure of non-standard surfacing, and/or the header curb, on the Department of Transportation
right of way within the limits of this Agreement. Pavement restoration areas or "patches" will
have a minimum length of 10-ft, measured from the edge of the header curb, and a width to
cover full lanes for each lane affected by the restoration.
Pavement restoration will be performed in accordance with the most current edition of the FDOT
Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for
Design, Construction, Maintenance and Utility Operations on the State Highway System.
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SITE FURNISHINGS
Site furnishing such as Trash Receptacles, Benches, Bollards and Bicycle Racks shall be
maintained in such a manner as to prolong the life of the fixture and prevent potential safety
hazards. If the fixtures and their overall function and mounting systems become damaged, they
shall be replaced with the same type and specification as the approved plan.
MAINTENANCE OF TRAFFIC CONTROL
Reference the FDOT website regarding the selection of the proper traffic control requirements to
be provided during routine maintenance and / or new installations of this DOT roadway.
VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA)
(IF APPLICABLE)
To avoid conflicts with permitted outdoor advertising, please reference the State of Florida
website regarding the vegetation management of outdoor advertising. This website provides a
portal to search the FDOT Outdoor Advertising Inventory Management System Database. The
database contains an inventory of outdoor advertising structures, permits and other related
information maintained by the Department.
Also, reference the Florida Highway Beautification Program website link for Vegetation
Management at ODA signs Florida Statutes and Florida Administrative Code related to
vegetation management at outdoor advertising sign, permit applications for vegetation
management and determining mitigation value of roadside vegetation.
PART II.
SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS:
1. The design intent is to provide non-vehicular passage adjacent to east side of tall
residential tower to include pavers, shade trees, shrubs and pedestrian lights.
2. Canopy Trees are intended to be maintained at mature height and spread (Refer to Part
I Pruning, for clear sight window and vertical clear zone pruning requirements.)
3. Remove suckering growth from base and clear trunk areas for single trunked trees on a
quarterly schedule.
4. To maintain the intended appearance of all palms, apply the latest palm fertilizer
recommended by the University of Florida IFAS Extension per the manufacturer's
specifications.
5. To maintain the intended appearance of all shrubs or turf grass, apply the latest fertilizer
recommended by the University of Florida IFAS Extension per the manufacturer's
specifications.
6. Do not remove fronds from self-cleaning palms, unless damaged. Palms with persistent
fronds shall only have dead fronds removed, do not remove any green fronds. If it is
deemed necessary to prune a palm's fronds, no fronds shall be trimmed above 3 o'clock
and 9 o'clock on the horizontal plain.
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DocuSign Envelope ID 5FAFE542-F878-43F9-8F06-24004513C7EC
7. Groundcover and shrub horizontal growth shall be maintained to prevent foliage from
growing beyond the limits of the planting areas shown on the plan. Maintain a 12"
setback from the foliage to the edge of sidewalk and other hardscape improvements.
8. Maintain the vertical height of:
Ficus Green Island between 16" and 18", full to ground
Wax Jasmine between 16" and 18", full to ground
Firebush between 22" and 24", full to ground
Cocoplum between 28" and 30", full to ground
Podocarpus between 28" and 30", full to ground
Floratam sod to be maintained at 1 1/2" blade height and cut on a bi-weekly schedule.
9. Inspect groundcovers and shrubs on a monthly basis for maintaining full ground
coverage.
10. Evaluate plant material on a monthly basis for pests, diseases, drought stress or general
decline. If required, follow the integrated pest management program established by the
Agency to ensure healthy plants.
11. Concrete pavers shall be inspected on a monthly basis for the aesthetic appearance and
safety conditions. Address any issues identified by repairing or replacing those specific
locations. To maintain the overall aesthetic appearance and safety of the concrete
pavers they shall be cleaned on a twice yearly basis to prevent mold, dirt, oil, and gum
build up. Joints and cracks in concrete, patterned concrete or asphalt, concrete pavers,
concrete curbs, expansion joints, catch basins, gutter areas, etc. shall be inspected on a
monthly basis to keep those areas free of weeds.
12. Inspect the irrigation system performance on a monthly basis to ensure the system is
providing 100% coverage, does not have sections of low pressure, heads and valves are
clean and clear of debris and any damaged irrigation components (i.e., spray nozzles,
spray heads, valve boxes, etc.) are repaired or replaced.
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REFERENCES (4-27-20)
This reference list is provided as a courtesy. The list may not contain the most current websites. The most current
references must be accessed for up-to-date information.
Accessible Sidewalk (ADA) http://www.access-board.qov/quidelines-and-standards/streets-sidewalks
Americans with Disabilities Act (ADA) (ADAAG) http://www.ada.qov/2010ADAstandards index.htm
American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations— Trees, Shrub, and
Other Woody Plant Maintenance—Standard Practices (Pruning), available for purchase
http://webstore.ansi.orq
Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and
Standards for Nursery Plants 2015 http://www.freshfromflorida.com/Divisions-Offices/Plant-
Industry/Bureaus-and-Services/Bureau-of-Plant-and-Apiary-Inspection
Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards, 2017
Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A
http://www.floridabuildinq.orq/fbc/workqroups/Accessibility Code Workgroup/Documentation/CHAPT
ER 11 w fla specifics.htm
Florida Department of Transportation, Program Management, Maintenance Specifications Workbook
Supplemental Specifications, Section 580 Landscape Installation
http://www.fdot.gov/programmanagement/Maintenance/2019Jan/default.shtm
Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and
Utility Operations on the State Highway System, Index 580-001 Landscape Installation
http://www.fdot.qov/design/standardplans/current/IDx/580-001.pdf
Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and
Utility Operations on the State Highway System, Chapter 212.11 Clear Sight Triangles
http://www.fdot.qov/roadway/FDM/current/2018FDM212lntersections.pdf
Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and
Utility Operations on the State Highway System. Chapter 215.2.3 Clear Zone Criteria and 215.2.4 Lateral
Offset, Table 215.2.1 Clear Zone Width Requirements, Table 215.2.2 Lateral Offset Criteria (for Trees)
http://www.fdot.gov/roadway/FDM/current/2018FDM215RoadsideSafety.pdf
Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and
Utility Operations on the State Highway System, Index Series 102-600 Traffic Control through Work
Zones http://www.fdot.qov/design/standardplans/current/IDx/102-600.pdf
Department of Transportation, Landscape Architecture Website www.MyFloridaBeautiful.com
Florida Department of Transportation, Maintenance Rating Program Handbook
http://www.dot.state.fl.us/statemaintenanceoffice/MaintRatingProgram.shtm
Florida Department of Transportation Outdoor Advertising Database
http://www2.dot.state.fl.us/rightofway/
Florida Exotic Pest Plant Council Invasive Plant Lists http://www.fleppc.orq/list/list.htm
Florida Irrigation Society http://www.fisstate.org
Florida Power and Light(FPL), Plant the Right Tree in the Right Place
http://www.fpl.com/residential/trees/right tree right place.shtml
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SECTION: 93010000
PERMIT: 2023-L-496-00003
COUNTY: Palm Beach
STATE RD: 5
EXHIBIT D
RESOLUTION
This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE
MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida,
Department of Transportation and the AGENCY.
Please see attached
(To be provided by City)
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RESOLUTION NO. R24-034
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE CITY MANAGER TO SIGN THE LANDSCAPE
"MAINTENANCE OF MEMORANDUM OF AGREEMENT" (MMOA)
BETWEEN THE CITY OF BOYNTON BEACH AND THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR BROADSTONE PROJECT'S
i IRRIGATION, LANDSCAPE, AND HARDSCAPE ITEMS LOCATED WITHIN
THE FDOT RIGHT-OF-WAY ALONG SOUTH FEDERAL HIGHWAY; AND
9 PROVIDING AN EFFECTIVE DATE.
10 WHEREAS, the Broadstone project, located at 150 South Federal Hwy. is proposing to
11 install irrigation, landscape, and hardscape within the Florida Department of Transportation
12 (FDOT) right-of-way along South Federal Highway; and
13 WHEREAS, FDOT does not enter into agreements with private property owners, and
14 therefore, the City agrees to sign the "Maintenance of Memorandum of Agreement" (MMOA)
15 and will subsequently process its own maintenance agreement with Broadstone's
16 owner/developer; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
18 recommendation of staff, deems it to be in the best interests of the City residents to approve
19 and authorize the City Manager to sign the MMOA between the City of Boynton Beach and the
20 State of Florida Department of Transportation for the Broadstone project's irrigation,
21 landscape, and hardscape items located within the FDOT right-of-way along South Federal
22 Highway.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
24 BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. Each Whereas clause set forth above is true and correct and
26 incorporated herein by this reference.
27 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
28 approve and authorize the City Manager to sign the MMOA between the City of Boynton Beach
29 and the State of Florida Department of Transportation for the Broadstone project's irrigation,
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30 landscape, and hardscape items located within the FDOT right-of-way along South Federal
31 Highway. A copy of the MMOA is attached hereto and incorporated herein as Exhibit "A."
32 Section 3. That this Resolution shall become effective immediately upon passage.
33 PASSED AND ADOPTED this 20th day of February, 2024.
34 CITY OF BOYNTON BEACH, FLORIDA
35
36 YES NO
37
38 Mayor—Ty Penserga
39 V
40 Vice Mayor—Thomas Turkin
41
42 Commissioner—Angela Cruz
43
44 Commissioner—Woodrow L. Hay
45
46 Commissioner—Aimee Kelley
47
48 VOTE S-.19
49
50
51 A ; E'T:
52 -
53 I 1!
54 Mayle- D: Jesus, M'A, MMC Ty 'e41ga
55 City C erk Ma •
56
57 APPROVED AS TO FORM:
58 (Corporate Seal) ,;�g0 Poi N •`,� 1 ��,, ,(� � /
FF �� jCl 6
59 O; P� TF'.�91
n
60 14'4.• SEAL �;� �, Shawna G. Lamb
;
61 •��NCORPO D City Attorney
62 t
�`v. FLOR\oc'
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