R26-080 RESOLUTION NO. R26-080
1
2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, APPROVING A LANDSCAPE
4 MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY
5 OF BOYNTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF
6 TRANSPORTATION ("FDOT") FOR LANDSCAPE, IRRIGATION, AND
7 DECORATIVE HARDSCAPE WITHIN THE FDOT RIGHT-OF-WAY
8 ALONG STATE ROAD 5/FEDERAL HIGHWAY/US HIGHWAY 1 AND
9 STATE ROAD 804/OCEAN AVENUE ABUTTING THE OCEAN ONE
10 PROJECT;AND FOR ALL OTHER PURPOSES.
11
12 WHEREAS, the Ocean One project, generally located at 114 North Federal Highway,
13 proposes to install and maintain landscape, irrigation, and decorative hardscape within FDOT
14 right-of-way along South Federal Highway at the sole cost and expense of the property owner;
15 and
16 WHEREAS, as FDOT will not contract with private owner/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 of said FDOT MMOA are assumed by the owner of The Ocean One project; and
21 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in
22 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 (the "Agreement"), in form
32 and substance similar to that attached as Exhibit A.
33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
RESOLUTION NO. R26-080
34 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
35 ancillary documents required under the Agreement or necessary to accomplish the purposes of
36 the Agreement, including any term extensions as provided in the Agreement, provided such
37 documents do not modify the financial terms or material terms.
38 SECTION 4. The Mayor-executed Agreement shall be forwarded to Shiloh Toler for
39 execution by FDOT. Shiloh Toler shall be responsible for ensuring that one fully executed
40 Agreement is returned to the City and provided to the Office of the City Attorney for forwarding
41 to the City Clerk for retention as a public record.
42 SECTION 5. This Resolution shall take effect in accordance with the law.
43
44 [SIGNATURES ON THE FOLLOWING PAGE]
RESOLUTION NO. R26-080
45 PASSED AND ADOPTED this 1 \ day of i - , 2026.
46 CITY OF BOYNTON BEACH, FLORIDA
47 YES NO
48 Mayor– Rebecca Shelton ✓
49 abbe-v•
50 Vice Mayor–Thomas Turkin ;cam \)01%-Q.
51
52 Commissioner–Angela Cruz ✓
53
54 Commissioner– Mack McCray ✓
55
56 Commissioner–Aimee Kelley �L
57
58 VOTE M-o
59 ATTEST:
60
61
62 Tammy Stanz' ,2/17071014S-in
ne Rebecca Shelton
63 Interim City Clerk .J-O' NTO/V" Mayor
64 ' p�GORPORgT;,••6<<A
65 "J •9O.
• SEAL := APPROVED AS TO FORM:
66 (Corporate Seal) u r
67 ��INCORPORATED? i
1920 ; Gti/� t')7,
68 •• ••
69 ``"s FLORI0P' Shawna G. Lamb
70 City Attorney
71