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R25-167 1 RESOLUTION NO. R25-167 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 AND THE STATE OF FLORIDA 6 DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE, IRRIGATION, AND 7 DECORATIVE HARDSCAPE WITHIN THE STATE OF FLORIDA DEPARTMENT 8 OF TRANSPORTATION ("FDOT") RIGHT-OF-WAY ALONG SOUTH FEDERAL 9 HIGHWAY ABUTTING THE DUNE PROJECT; AND FOR ALL OTHER 10 PURPOSES. 11 12 WHEREAS, the Dune Residences project, located at 2607 South Federal Highway, 13 proposes to install and maintain landscape, irrigation, and decorative hardscape within the State 14 of Florida Department of Transportation's ("FDOT") right-of-way along South Federal Highway at 15 the sole cost and expense of the property owner; and 16 WHEREAS, as FDOT will not contract with private owners/developers for non-standard 17 improvements requiring the City to enter into a Maintenance Memorandum of Agreement 18 (MMOA) with FDOT; and 19 WHEREAS, the City shall require a Right of Way Maintenance Agreement in which the 20 City's obligations under said FDOT MMOA are assumed by the owner of The Dune project; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be 22 in the best interests of the citizens and residents of the City to approve the proposed Landscape 23 Maintenance Memorandum of Agreement between the City of Boynton Beach and the State of 24 Florida Department of Transportation. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve the proposed Landscape Maintenance Memorandum of Agreement between the City of 31 Boynton Beach and the State of Florida Department of Transportation, in form and substance 32 similar to that attached as "Exhibit A." 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the proposed Landscape Maintenance Memorandum of 35 Agreement between the City of Boynton Beach and the State of Florida Department of 36 Transportation,and such other related documents as may be necessary to accomplish the purpose 37 of this Resolution. 38 SECTION 4. The Mayor-executed Memorandum of Agreement shall be forwarded to 39 Shiloh Toler to obtain execution of the Memorandum of Agreement by FDOT. Shiloh Toler shall 40 be responsible for ensuring that one fully executed Memorandum of Agreement is returned to 41 the City, to be provided to the Office of the City Attorney for forwarding to the City Clerk for 42 retention as a public record. 43 SECTION 5. This Resolution shall take effect in accordance with the law. 44 45 PASSED AND ADOPTED this /Clay of c 1L1�� , 2025. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES/- NO 48 Mayor— Rebecca Shelton ✓ 49 1 50 Vice Mayor—Woodrow L. Hay 51 ✓ 52 Commissioner—Angela Cruz 53 ✓ 54 Commissioner—Thomas Turkin 55 56 Commissioner—Aimee Kelley 57 58 V071(.7 59 ATE 6 61 62 Mayleq Ce)esus, MMC Rebecca Shelton 63 City Cler Mayor 64 ..� 65 �-r'''gOYNTo,‘ \ APPROVED AS TO F R : 66 (Corporate Seal) '�; ��•o°RPORArF••�w 67 , �. SEAL _', ci a1�1� 68 ; :INCORPORATED; Shawna G. Lamb 69 ala .. 1920 : City Attorney I, � , FLORIDN Docusign Envelope ID.67E081 C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT 4 LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT made and entered into this 27th day of August 2025, by and between the 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 State Road 5 (South Federal Highway) as part of the State Highway System; and WHEREAS, as part of the continual updating of the State 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", within the corporate limits of the AGENCY; and WHEREAS the AGENCY seeks to install by permit and maintain certain landscape improvements within the right of way of State Road 5 (South Federal Highway) from M.P. 12.722 to M.P. 12.764 as described in Exhibit "B"; and WHEREAS, the AGENCY is agreeable to maintaining those landscape improvements within the AGENCY'S limits, including plant materials, irrigation systems and/or hardscape (such as specialty surfacing, site furnishings, or other nonstandard items (if applicable), but excluding standard concrete sidewalk). The AGENCY agrees that such improvements shall be maintained by periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation repair and/or repair/replacement of the specialty surfacing, as needed; 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. R25-167 , dated July 15 , 2025 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. 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. Page 1 of 20 Docusign Envelope ID.67E081C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 1. INSTALLATION OF FACILITIES The AGENCY shall install and agree 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 Exhibits "B" and "C". 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 (g) 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 (g) below) and the AGENCY shall be responsible for all associated fees for the installation and maintenance of these utilities. Page 2 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 (g) 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. (h) All specialty surfacing shall be installed and maintained in strict accordance with the most current edition of the Florida Accessibility Code for Building Construction and the Interlocking Concrete Pavement institute (ICPI). (i) 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. (j) 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. (k) Clear Zone Lateral Offset and as specified in the FDOT Design Manual, Chapter 215 must be adhered to. (I) Landscape improvements shall not obstruct roadside signs or permitted outdoor advertising signs, (see Florida Administrative Code [F.A.C.] Rule Chapter 14-10.) (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 Public Information Officer(see telephone number in paragraph (g) for Operation Center) 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. 2. 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 Page 3 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 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 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. The AGENCY shall be responsible for all maintenance and repairs to FDOT sidewalks directly attributable to tree roots or other AGENCY-maintained improvements. 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 include 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 such utilities are the maintaining AGENCY'S responsibility. The Agency shall be directly responsible for: 1) Impact and connection fees. 2) The on-going cost of utility usage for water and electricity. Page 4 of 20 Docusign Envelope ID:67E081 C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 (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 Agreement. Upon the 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 hard-scape, 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. (a) If at any time after the AGENCY has undertaken the responsibility for installation and/or maintenance of the landscape improvements, it comes to the attention of the DEPARTMENT'S District Secretary that the limits, or any part thereof, are not being properly maintained pursuant to the terms of this Agreement, the District Secretary, may at his/her option, issue a certified written notice of existing deficiency or deficiencies to the AGENCY, thereby placing the AGENCY on notice. Thereafter, the AGENCY shall have a period of thirty (30) calendar days to correct the cited deficiencies. If the deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: i. Perform maintenance of the AGENCY-installed landscape improvements or any part thereof, using DEPARTMENT or Contractor personnel and invoice the AGENCY for expenses incurred; and/or ii. Remove the landscape improvements, or any part thereof, under this Agreement or any preceding Agreements, using DEPARTMENT or Contractor personnel, and invoice the AGENCY for expenses incurred; and/or iii. Terminate this Agreement in accordance with Paragraph 9 of this Agreement. Page 5 of 20 Docusign Envelope ID:67E081 C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 (b) If the landscape improvements fail to be maintained in accordance with the terms and conditions of this Agreement, the AGENCY shall reimburse the DEPARTMENT for all monies expended by the DEPARTMENT to address the issue of non-compliance. 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 days' 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 AGENCY'S responsibility. 7. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional landscape improvements within the limits of this Agreement, identified in Exhibit "A", subject to the 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 the 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" 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. Page 6 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 (c) The AGENCY agrees to comply with the requirements of this Agreement regarding 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 The term of this Agreement commences upon execution by all parties and shall remain in effect if the improvements shall exist, or if project gets cancelled. 11. LIABILITY AND INSURANCE REQUIREMENTS (a) With respect to any of the AGENCY'S agents, consultants, subconsultants, 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, or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants 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 the 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 that is 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. Page 7 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47646AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 (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) days' 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 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. Page 8 of 20 Docusign Envelope ID:67E081 C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 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: 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: Shiloh Toler District IV Landscape Manager Title: Engineer I 3. LIST OF EXHIBITS Exhibit A: Landscape Improvements Maintenance Boundaries Exhibit B: Landscape Improvement Plans Exhibit C: Maintenance Plan for Landscape Improvements Exhibit D: Resolution Page 9 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47846AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written above. CITY OF B YNTON BEACH By: 7r7Date: , )II 1.0 IC taCeii `e11-airp reefr rIGayor/ Manager v 3 gOYN - RPO qp•.0 1 Attes . I. II_ (SEAL) 1 v;' S �'� :t le:ie C CItarn �1NCORPO • � RATED: 1920 :' Legal Approval: �(f/,�i49Y' it ''• ,`�� F _LORIDA ' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Doc uSignad by: 3,f,,, ,, � 08/27/2025 I 2:08 PM EDT By• AD:: Date: John P. Krane, P.E. (or designee) Director of Transportation Development DocuSigned by: c 4 0 i P 6iti&-t, Attest: E14549BD681D471 Alia Chanel (or designee, Madeleine Young) (SEAL) Executive Secretary ,—Signed by. PtifWeitS 9. e Legal Review: "-9E5F5F385630448 Pamela G. Eidelberg (or designee) Assistant General Counsel, District 4 Page 10 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 EXHIBIT A LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS: State Road 5 (South Federal Highway) from M.P. 12.722 to M.P. 12.764 II. LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARY MAP *Please see attached map Page 11 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47B46AC5847 W . = ''.' '-,,:44I $ ;.%,.1:1. . ,. 1,/� EASEMENTPUBLIC ACCESS 3..�I I 1 i��, ( ��` •� I . wv I 1 U fi r, ,11 c1,,i ' "11 " I ran MIMI len__rsI • - - �s �k!illLlk �i/. k7��# •fde��i�� �kTi�R#— p�.�i T. f % ��� • ��".'�,_ �C:1�/:�� `����fes: �t� ,�� �G: i 11 POC�R7C V._ i i v� \Y• 1Irw1PM It '.4116. �, '4fig FOOT R.O.W. • I \ BEGIN PROJECT M.P.12.722 SR 5 (S. FEDERAL HWY) = END PROJECT l /�� V M.P.12.764 \\\\\ LIMITS OF MAINTENANCE PROVIDED BY CITY OF BOYNTON BEACH LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARY MAP CITY OF BOYNTON BEACH FDOT LANDSCAPE PERMIT NO: 2025-L-496-00005 SR 5 (S FEDERAL HWY) MP12.722 - MP12.764 JUNE 2, 2025 Docusign Envelope ID.67E081C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 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: James B. Euell, RLA Architectural Alliance Landscape Date: May 19, 2025 Page 12 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47B46AC5847 -1',, ;,;♦ '' 'Ili—rm.. - 't1 fi.r...nr• r. f "•n r,11:,,,,:,1, .. f w7`r U1®F „....p*- "T i _.� SE 23R`RDD AVE � _4,S... i.a ' �J 1'�. .i� L.s•' .,.,,,--4, � �• ',ii�, v^ ••��.`,r,� •r__PROJECT r�.n ' z.: 3 1 :! f el ' SrrE'�.4 ; ..:1,:' A+11 Ji •— ' , 41 1.•.'slim.i. '• '•'..•.•....'7.• •-:0:0 i--,1 .. ; . emus.S.‘14 ,„.;*”..':,,,„, ,,!A / 4,........3,,,,,__ !!!kms Rlh►a '� R . "` 1"4 100,6'h�..��„ z^> v:s3 viz+ili r P, •'s inial °h { '.ii re:464$4P-g:-.0..Z.? j� • 7'. ti , hili-1 iii! f ti� !' `4tfit• .. s; - j , t' ...._• , r t. ' W 1i41;1' d1+ '1! .."'rte ~ :::4' .r• _'t�..,2 •�-1p..•... 'w; Jj 7:,://1/ .jam• yL.lt �. }� a +F'. • / #. fir' i:M: i � ' . $r �; '��,• i.'fhif.+i,j1w�r. 5;:; ....?4, it.v.14,114.144;z:.1...„,.::irrs, „...,;:,...:,,..,,,,,y.....,.1,4„....n_._:,...,714,‘..t...41,.x,..„.:::firi.:,:, .:....4„...,:r.„;;:......5.: ...,,,,,,,,..,.,.-...,,,,:.;,,,,,,,.::;,, iv_ . i .44:1 •p F x;St .ia►_ r ft 7' ri . ,.1 "_FS'REAM BLVD./ �T714 �j---� don-`a • LOCATION MAP THE DUNE RESIDENCES SCOPE OF WORK 2607 STATE ROAD NO:5(SOUTH FEDERAL HWY) BOYNTON BEACH,FL MILE POST:12.722 TO 12.764 FDOT SPECIFICATIONS AND DESIGN STANDARDS Governing Standard Plans:Florida Department of Transportation,FY 2025-26 Standard Plans for Road and Bridge Construction and applicable Interim Revisions(IRs) Governing Standard Specifications:Florida Department of Transportation.FY 2025-26 Standard Specifications for Road and Bridge Construction ROADWAY DESIGN SPEED FOR SR 5=35 MPH Docusign Envelope ID:67E081 C8-F907-46EF-98AC-D47B46AC5847 it 1 $ _ .. i4 --- li,(- . 1 NstAty, ,,,,,v‘ -4k.44_,...,.......t i I \<, Ljr Arcgaik,:4 1 ,CP/AtZ2=i•i3•61-,JA 1 [Ill -1 i I ' '`�f�: II �/� 11\ r . I 1111. .."E ni .,... ` _� ' EF 1 -PROPOSED CONCRETE SIDEWALK N _ 1 41' I cn it v ,,8 I FOOT PUBLIC ACCESS ® I PROPOSED PEDESTRAIN POLE LIGHT ffFF I 70tl II Nril f EABEYr •I '� iNOWA FeinireapnymironNomr �imgr.�+ � I =IMF,*==�rY > �/W.4 __+FAV*=_1z��� __*7 -4 e� - PROPOSED: - �y, L /, ,II ., WI BO !w ` 6 r a .S. Y '-(L , : Y • • w x F ,i�—`ir,r J�iI NY D-. ..-..i."%•,,,,7:1�_c �— 11117 *'.it M _ .a _f \ 'h` ,.: AVE. L L I'1 kt� 4 T m \ ,I "" r— — — X ' 0 L� II (AGAR\ / e BIKE LANE -FDOT RO-W- I I \ �_ T — t— —�-7;4,--r4 / i 1.5'LATERAL OFFSET CLEARANCE 1 \ <\\ 8� I C � ���GPOLE --- EXISTING PER FOM CHAPTER 215 2.4 �- , C 91 ) I PAINTED ASPHALT IXIS7ING POLE L OVERHEAD STOP SIGN-RIGHT TURN ONLY I� CROSSWALK UGIT TO REMAIN OVERHEAD ROOT BARRIER. WIRES LIMITS OF CLEAR SIGHT UNE \ PROPOSED TYPE WIRES - T� EXISTING POLE D--060'PER FON I BEGIN 'D'CURB.TYP- LIGHT TO REMAIN_� CHAPTER 212,EXHIBIT 212-6, I ��'•YY.d DESIGN SPEED 35 MPH I ---- -- SR 5 (S. FEDERAL HWY) —IV ArrtZ''''''---"--: END PROJECT imi / M.P.12.781 i$ _ 1 I 1 II FDOT GENERAL NOTES 1. GOVERNING STANDARD PLANS: Florida Department of PLANTSCHEDULELANDSCAPE Transportation, FY 2025-26 Standard Plans for Road and Bridge `ODE STY iBOT""'CA NAME COMMON NAME IDS I TREES Construction and applicable Interim Revisions. (IR's) 1W I. coccOEOeA WOMB1x0ERSIFOLM EIIPlu1 PWOMBeTIO.A 1CF IS ISUCENAFoSPANSH STOPPER lege MD MOWN website:httpsJ/www-fdotgov/desigNstandardplans IPALMS a CYCAOS 2. GOVERNING STANDARD SPECIFICATIONS: Florida ITN 13 !TNRW..140 1511 KEY TIATCHPA. 1- Department of Transportation, FY 2025-26 Standard (CODE STY BOTANICAL NAME COMMON NAME (CONT Specifications for Road and Bridge Construction. FAOUND 11 SRA OLABI A PEREN.uPEW,T 11 SRL website: IW 1152 I am3ca2ANUS...co HORIZONTALIS HORR..NI.. OCOPMM.1- https://www.fdot.gov/programmanagementlimplementecVspecbooks 3. Contractor shall repair any and all damage done to FDOT property during demolition, relocation BJor installation activities at his sole expense. 4. Any plant material substitution within or impacting the FDOT Right of Way whether requested by the Contractor, Owner, Landscape Architect or other will need to get approval from the FDOT District Landscape Architect. 5. Ownership of all suitable excavated materials, as determined by the Department, shall remain in the Department until a final acceptance of the permitted project is fullfilled. Excavated materials shall be hauled by the Permittee, at their cost and expense from the site to the Broward Operations Center or stockpiled in those areas as directed by the Department, including asphalt millings. 6. Maintenance of Traffic(MOT)for this project will comply with FDOT Standard Plans Index(102 Series)and the latest edition of FDOT PLANTING NOTES the Manual of Uniform Traffic Control Devices(MUTCD). Special attention will be given to FDOT Design Plans Standard Index 1. For the portion of landscape plant material that wil 102-600, 102-601, 102-602, 102-613 and 102-660. within the FDOT Right of Way landscape installatil 7. Permittee will restore the Right-Of-Way as a minimum, to its with current FDOT Maintenance Specifications 581 original condition or better in accordance w/FDOT's latest document). Online Reference: Standard Specifications for Road and Bridge Construction or as http:/documdot.gov/line Reference: directed by the Resident Operations Engineer. 2. For the portion of landscape plant material that wil 8. Restricted hours of operations will be from 9:00am to 3:30pm, within the FDOT Right of Way refer to FDOT Stant (Monday-Friday), unless otherwise approved by the operations 580-001 Landscape Installation. Online Reference Engineer,or designee. http.//www.fdot.gov/design/standardplans/current/I 9. Permittee will ensure that all locates have been performed prior to 3. No Category I or II invasive plants shall be planted scheduling of any WORKING activities.This shall include soft digs of way. to verify vertical and horizontal alignment. 4. Cypress Mulch is not permitted on FDOT right of v v 10. Permittee will coordinate all work with Asset Managment. Contact permitted to be used are Hardwood Mulch(contair David Moore of Transfield Services at 954-317-8044, roducts Recycled Mulch or a moore@transfieldservices.com. Coordination will include a p ) Yapproved equal, cerl Pre-Construction meeting. Mulch and Soil Council(MSC). Submit proof of cei FDOT District Operations Permit Landscape Inspe inspection. QUI - i ar 7 F21 1 2 '} ; f jj ° Si+ i °�° i �� ,i i Ei �� I�� ja i i 8 as ± o o i E % v i a V 11 1' ! I I I . «.! ■ Z l /,� � � ' � i / 4-fl --S. h il " '4 ' R , , t ....._ .1 .v .,iE 0 tali y. f7 �F \ J :,!"f-�� t . ',,e / W • it it iA it 1G •• \ i 0 Z! It k ie iEI ; i# � � o «!z; iili 4;iti lr !!:rii ` 14;E }i!y . . 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'1124__r�`� �� 1•^• . ::'2�a ''�mms - •. vlr.P-, ilk met �— 71 7F � �4 FDOT R.O.W. - u i. l I ------oeeevae 1 IRON PROJECT L HIGH./AY? 1 W"•'"AA D lir j— SR 5 (S. FEDERAL HWY) - = END PROJECT 11.P.12704 AlgliVil -- 1 1 al ' --`"--d.'.L.11* -;ve.*'1:7"-• A tfi fol lr---- �, i }I It f+ iii r }} �-.tie .1S1 �, - 41,'.'11111141 ❑ ,SAO ! `P, G2 IRRIGATION " - °.,ti o7. HAD* I CONTROLLER & )I • !,• � � �,b Ij ,''i IRRIGA RAIN SENSOR . .1 1/2– . ,, Or LOCATION I-RI m _ m y_1 m m.�l, i 1 ) NM .I,� I. }.r i} 11 .1 I of I.I ...mi'.1••Y :.NEIMNNNrK� .III r — ��. .`ailV•_ foo 1...1— . • I IRRIG 0=="'" o� SY! _ _ o :�M .40.01•110 MUMS 3r.rr 11:41% —t °ooam: o f------ 7. •0 i ,[ 5 : - . . ,0,,,, e ;00•"oo�ie o 1 'a':�,l4 % ore` .,yE=11-i m I i T . •L • ^`�O��O�\!i. ���ra9��' - 7 ILI 1I 1 .... ;..-4�`��a�a�C.Oa-a ��5`� ' 6i .s mega u EMU MI=WM (:\IRRIGATION TRENCHNO -ars= 2 PIPE SLEEVING ®SHRUB POP-UP SPRAY ON FIXED Fowl01•11.s •rw.s =11=11 II 1 r--.--=.. .. �.�._... =A =11 SII=Il=11i =11-1 t MIL 11 .v. Q. 1I-IIe I rniiap g ---- .. /Y 14: BUBBLER ON COBRA FLEX HOBE RISER 0 BHSB SPRAY HIGHPOP MARLEX ASSEMBLY Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47646AC5847 WRING Lateral line depths measure to top of pipe shall be: Irrigation control wire shall be thermoplastic solid copper,single conductor,low voltage irrigation controller wire, 18"minimum for tj"-3"PVC with a 30"minimum at vehiculk suitable for direct burial and continuous operation at rated voltages. 24"minimum for 4"PVC and above with a 30"minimum at Tape and bundle control wire every 10'and run alongside the mainline.At all turns in direction,make a 2'coil of wire. Contractor shall backfill all piping,both mainline and laterals,prior At all valve boxes coil wire around a 3/4'piece of PVC pipe to make a coil using 30 linear inches of wire.Make electrical backfilled with the exception of 2'on each side of every joint(bell connections with 3MDBY/R connectors. backfilled until all piping has satisfactorily passed its appropriate p Number all wires,using an electrical book of numbers,according to the plans.Number wires in all valve boxes,junction FLUSHING boxes and at the controller. Prior to the placement of valves,flush all mainlines for a minimum Wre sized,numbered and colored as follows. debris.whichever is longer. #14 white for common #14 spare black common Prior to the placement of heads,flush all lateral lines for a minimu #14 individual color coded hot wire debris,whichever is longer. #14 spare yellow hot wire Use screens in heads and adjust heads for proper coverage avoic Spare wires Leaving each controller,run four spare wires in both directions(eight spare wires total).Install as 1 common spare(2 TESTING total)and 3 hot wires(6 total).Loop these wires into each RCV along their path and terminate in the last valve box controlled by the wires respective controller.The loop into each valve box shall extend up into the valve box a minimum Schedule testing with Owner's Representative a minimum of threr of 8"and be readily accessible by opening the valve box lid.These wires must all be color coded and numbered as required in the plans. Mainline:Remove all remote control valves and cap using a three. valves shall not be tested against dunng a pressure test unless au Controller and pump station Control Panel grounding-Contractor to utilize 4'k8"x5/8"copper grounding plates,S8"x10' mainline with water and pressurize the system to 125 PSI.Monitor copper dad grounding rods,'One Strike'CAD wells at all connection points,#6 insulated copper wire,and earth gauge locations must be at opposite ends of the mainline.Wth Ihi contact material.Install these and other required components as oullined in the detail.Contractor to verify that the earth two hours.There can be no loss in pressure at either gauge for sc to ground resistance does not exceed 10 ohms.Contractor shall provide a written certification,on a licensed electrical contractors letter head,showing the date of the test,controller/pump location,and test results.Each controller/pump If these parameters are exceeded,locate the problem;repair it;wi shall be so grounded an tested.Each component must have its own separate ground grid,unless they are sitting side be folowed until the mainline passes the test by side,in which case up to two controllers can share a common grounding grid. Lateral lines:The lateral lines must be fully filled to operational pre LAYOUT detected must be repaired. Lay out irrigation system mainlines and lateral lines.Make the necessary adjustments as required to take into account Operational Testing-Once the mainline and lateral lines have pa! all site obstructions and limitations prior to excavating trenches. completely operational,a coverage test and demonstration of the demonstrate to the owner,or his/her representative,that proper a Stake al sprinkler head locations.Adjust location and make the necessary modifications to nozzle types,etc.required automatically from the controller.This demonstration requires eac to ensure 160%head to head coverage.Refer to the Edge of Pavement Detail on the Imgation Detail sheetshown on the plans,from the controler.Each zone will be inspect determination of proper coverage and function is at the sole discru Spray heads shall be installed 4"from sidewalks or curbed roadways and 12"from uncurbed roadways and building foundations.Rotors shall be installed 4"from sidewalks or curbed roadways,12"from building foundations,and 36" Upon completion of the operational test,run each zone until water from uncurbed roadways. determine the number of irrigation start times necessary to meet 11 planting material in each zone.In fine sandy soils,it is possible nc Shrub heads shall be instated on"'Sch 40 PVC risers.The users shall be set at a minimum of 18"off sidewalks, theoretical calculations for run times will be required for controller roadway curbing,building foundations,and/or any other hardscaped areas.Shrub heads shall be installed to a standard height of 2"above maintained height of plants and shall be installed a minimum of 6"within planted masses to SUBMITTALS be less visible and offer protection.Paint all shrub risers with flat black or forest green paint,unless irrigation system will utilize reuse water,in this case the risers shall be purple PVC and shall not be painted. Pre-Construction:Deliver five(5)copies of submittals to Owner's I of Notice to Proceed.Furnish information in 3-nng binder with tad Locate valves prior to excavation.Ensure that their location provides for easy access and that there is no interference different components and label with specification section number. with physical structures,plants,trees,poles,etc.Valve boxes must be placed a minimum of 12"and a maximum of 15" components on material list.Indicated which items are being supe from the edge of pavement,curbs,etc.and the top of the box must be 2"above finish grade.No valve boxes shall be shown on one sheet.Incomplete submittals will be returned withoi installed in turf areas without approval by the irrigation designer-only in shrub beds.Never install in sport field areas. in PDF format can be submitted. VALVES After project completion. As a condition of final acceptance,the imgation contractor shall pi Sequence all valves so that the farthest valve from the POC operates first and the closest to the POC operates last. The closest valve to the POC should be the last valve in the programmed sequence. 1.Irrigation As-builts-shall be provided accurately locating all ma independent wire runs,wire splice boxes,controllers,high voltage Adjust the flow control on each RCV to ensure shut off in 10 seconds after deactivation by the irrigation controller. sensors,wells and water source connections.All mainline and ind straight runs and at every change of direction.Sleeves will be loci Using an electric branding iron,brand the valve ID letter/number on the lid of each valve box.This brand must be 2"-3" underground items shall include depth in inch format. tall and easily legible. 2.Controller charts-Upon completion of"as-built"prepare control EQUIPMENT the area controlled by a remote control valve(using a different col size that will fit inside the controller door.The reduction shall be hi Al pop-up heads and shrub risers shall be pressure compensating.All pop-up heads shall be mounted on flex-type plastic. swing joints.All rotors shall be installed with PVC triple joints unless otherwise detailed. 3.Grounding Certification-Provide ground certification results for Al sprinkler equipment,not otherwise detailed or specified on these plans,shall be installed as per manufacturer's installed.This must be on a licensed electrician letter head indicat recommendations and specifications,and according to local and state laws. time,test method and testing results. TRENCHING INSPECTIONS AND COORDINATION MEETINGS REQUIRED- attend the following,and demonstrate to the owner and/or owners Excavate straight and vertical trenches with smooth,flat or sloping bottoms.Trench width and depth should be sufficient to allow for the proper vertical and horizontal separation between piping as shown in the pipe installation 1.Pre-construction meeting-Designer and contractor to rev detail on the detail sheet. owner/general contractor. 2.Mainline Installation Inspection(s)-All mainline must be i Protect existing landscaped areas.Remove and replant any damaged plant material upon job completion.The backfill and installation method. replacement material shall be of the same genus and species,and of the same size as the material it is replacing.The 3.Mainline pressure test-All mainline shall be pressure tem final determination as to what needs to be replaced and the acceptability of the replacement material shall be solely up 4.Flow meter calibration-All flow meters must be calibrate to the owner or owners representative. meters. 5.Coverage and operational test • INSTALLATION 6.Final inspection 7.Punch list inspection Solvent Wd Pipe:Cut all pipe square and deburr.Clean pipe an fittings of foreign material;then apply a small amount of primer while ensuring that any excess is wiped off immediately.Primer should not puddle or drip from pipe or fittings. FINAL ACCEPTANCE Next apply a thin coat of PVC cement first apply a thin layer to the pipe,next a thin layer inside the fitting,and finally another very thin on the pipe.Insert the pipe into the fitting.Insure that the pipe is inserted to the bottom of the fitting, Final acceptance of the irrigation system wil be given after the toll then urn the pipe a}turn and hold for 10 seconds.make sure that the pipe doesn't recede from the fitting.If the pipe completed and approved.Final payment will not be released until isn't at the bottom of the fitting upon completion,the glue joint is unacceptable and must be discarded. Pipes must cu we a minimum of 30 minutes prior to handling and placing into trenches.A longer curing time may be 1.AN above inspections are completed,documented,approi required;refer to the manufacturer's specifications.The pipe must cure a minimum of 24 hoes prior to filling with water, 2.Completion and acceptance of'as-built drawings. 3.Acceptance of required controller charts and placement i BACK FILL 4.All other submittals have been made to the satisfaction o The back fill 6"below,6"above,and around all piping shall be clean sand and anything beyond that in the trench can GUARANTEE'The Irrigation system shall be guaranteed fora mir be of native material but nothing larger than 2"in diameter.All piping and excavations shall be backfilled and acceptance. compacted to a density of 95%modified Proctor,or greater. MINIMUM RECOMMENDED Main line pipe depth measure to the top of pipe shall be: IRRIGATION MAINTENANCE PROCEDURES 24"minimum for i"-21"PVC with a 30'minimum at vehicular crossings; 30"minimum for 3"8 4"PVC with a 36"minimum at vehicular crossings. Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 EXHIBIT C MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the Florida Department of Transportation and the AGENCY. *Please see attached Maintenance Plan Page 13 of 20 Docusign Envelope ID:67E081 C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): SR 5 (South Federal Highway) from M.P. 12.722 to M.P. 12.764 Permit or FM No(s): 2025-L-496-00005 RLA of Record: James B. Euell, RLA Maintaining Agency: City of Boynton Beach Date: June 12, 2025 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 overspray 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 that 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. 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.) Page 14 of 20 Docusign Envelope ID.67E081 C8-F907-46EF-98AC-D47646AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 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 grassy 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 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. Page 15 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 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 surface 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 Page 16 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 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. 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. ARTIFICIAL OUTDOOR TURF/SYNTHETIC GRASS (IF APPLICABLE) Artificial turf/synthetic grass shall be maintained free of debris accumulation both for reasons of safety as well as aesthetics. Stains or spills should be addressed as early as possible to prevent the stain from setting in. Pet waste should be removed or cleaned promptly to prevent stain, odor and other pet waste issues. Regular inspection for signs of wear, tears, or other damage, especially along seams, should be conducted and appropriate remedial action taken, such as replacing with same type and/or specification as what is called for in 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. Page 17 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47646AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 PART II. LANDSCAPE ARCHITECT MAINTENANCE REQUIREMENT 1. The planting areas at The Dune were designed with clean lines and simple elegance. A row of Pigeon Plums set next to beds of horizontal cocoplum, dwarf holly, and ornamental peanut create a semi-formal garden setting in this distinctively urban environment. Plants have been grouped together not only for their color and texture, but also according to their watering needs. With limited maintenance, the beds should provide a beautiful addition to Boynton Beach. 2. Pigeon Plums are intended to be maintained by development maintenance crew at a height of 16-18' OA and outside of the utility pruning zone with a minimum of 8.5' clear trunk along pedestrian walks for vertical clear zone requirements. 3. Remove suckering growth from base and clear trunk areas of Pigeon Plum trees monthly. 4. Key thatch palms should have dead fronds removed, but otherwise let these small palms grow to a max height of 6' CT. 5. To maintain the intended appearance of all shrubs, apply the latest fertilizer recommended by the University of Florida IFAS Extension per the manufacturer's instructions. 6. 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 2" setback from the foliage to the edge of curb, pavement, sidewalk and/or other hardscape improvements. 7. Maintain the vertical height of: • Horizontal cocoplum between 18" and 24", full to ground • Ornamental peanut between 6" and 9", full to ground. 8. Inspect groundcovers and shrubs on a monthly basis for maintaining full ground coverage. 9. 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. 10. 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. Page 18 of 20 Docusign Envelope ID:67E081C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 REFERENCES (April 20251 This reference list is provided as a courtesy and may not contain the most current websites. The most current references must be accessed for up-to-date information. Accessible Sidewalk (ADA) • Accessible Sidewalks and Street Crossing https.//www.fdot.uov/docs/default- source/roadwa v/ada/ADABrochure0610.pdf • Sidewalks and Trails https://www.fdot.gov/roadwav/ada/sidewalksandtrails.shtm • ADA Standards for Accessible Design https://www.ada.aov/law-and-reqs/design-standards/ 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 / https://tcimaa.tcia.ora/training/introducing-the-newlv-designed-ansi-a300-tree- care-standards/ Building Codes& Standards, Florida Department of Community Affairs (DCA), 2017 Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A http://www.floridabuildina.ora/fbc/workaroups/Accessibility Code Workciroup/Documentation/CHAPT ER 11 w fla specifics.htm Florida Dept. of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Plants 2022 https://sfvl.ifas.ufl.edu/media/sfvlifasufledu/hillsborouah/docs/pdf/environmentalhort/arades-and- standards-for-nurserv-plants-2022.Ddf FDOT Maintenance Specifications Workbook https://www.fdot.aov/proarammanaaement/maintenance • Section 580 Landscape ttps.//fdotwww.blob.core.windows.net/sitefinity/docs/default- source/specifications/bv-year/20164uly-2016/workbook/sp5800000.pdf?sfvrsn=48b20d4f 0 FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Standard Plans-FY 2024-25 https://www.fdot.aov/design/standardplans/current • Index Series 102-600 Traffic Control through Work Zones • Index 580-001 Landscape Installation • Index 591-001 Landscape Irrigation Sleeves FDOT Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, https://www.fdot.qov/roadwav/fdm/default.shtm • Chapter 212.11 Clear Sight Triangles • Chapter 215.2.3 Clear Zone Criteria and 215.2.4 Lateral Offset, Table 215.2.1 Clear Zone Width. Table 215.2.2 Lateral Offset Criteria (for Trees) FOOT Landscape Architecture Website https://www.fdot.aov/roadwav/landscape-arch itecture/landscape-architecture-programs FDOT Maintenance Rating Program Handbook https://www.fdot.aov/maintenance/maintratinaproaram.shtm FDOT Outdoor Advertising Database https://www.fdot.aov/ria htofwav/OutdoorAdvertisina.shtm/new-outdoor-advertising-site Florida Exotic Pest Plant Council Invasive Plant Lists https://www.floridainvasives.org/plant-1 ist/2023-invasive-plant-species/ Florida Irrigation Society htto://www.fisstate.oro Florida Power and Light(FPL) - Right Tree, Right Place http://www.fol.com/residential/trees/riaht tree richt place.shtml Page 19 of 20 Docusign Envelope ID:67E081 C8-F907-46EF-98AC-D47B46AC5847 SECTION: 93010000 PERMIT: 2025-L-496-00005 COUNTY: PALM BEACH STATE RD: 5 EXHIBIT D RESOLUTION This Exhibit forms an integral part of the LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the Florida Department of Transportation and the AGENCY. *Please see attached (To be provided by City) Page 20 of 20