HomeMy WebLinkAboutR26-081 9/9/26,4:17 PM Landmark Web Official Records Search
CFN 20260309408
OR BK 36746 PG 1070
RECORDED 8/25/2026 3:20 PM
This Instrument Prepared by Palm Beach County,Florida
And Should Be Returned to: Shannon Ramsey-Chessman,
Clerk Ad Interim
CITY OF BOYNTON BEACH Pgs:1070-1112;(43pgs)
Office of the City Attorney
100 East Ocean Ave.
Boynton Beach,FL 33435
Parcel No.08-43-45-27-01-000-0410
RIGHT-OF-WAY MAINTENANCE AGREEMENT
State Road 5/Federal Highway/US Highway 1 from M.P. 14.259 to M.P. 14.382 AND
State Road 804/Ocean Avenue from M.P.9.265 to M.P.9.327
Resolution No. 26-Q8
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 BB 1 Owner LLC,with an address of 888 Biscayne Blvd,
Suite 101,Miami, FL 33132("Owner").
WHEREAS, Owner is the owner of the real property located in Palm Beach County
("County"),Florida, legally described as and generally located at 114 N. Federal Highway;and
WHEREAS, State Road 5 /Federal Highway /US Highway 1 from M.P. 14.259 to M.P.
14.382 is a Florida State highway,which right-of-way is maintained by the Florida Department of
Transportation("FDOT");and
WHEREAS, State Road 804/Ocean Avenue from M.P. 9.265 to M.P. 9.327 is a Florida
State highway,which right-of-way is maintained by 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
WHEREAS,FDOT has agreed to allow such specialty hardscape,landscape,and irrigation
only if the City entered into that certain Landscape Maintenance Memorandum of Agreement,
dated 3vnc .22 , 2026, Permit No. 2024-L-496-00008 (the"MMOA"),a copy of which is
attached hereto as Exhibit A,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
Ocean One(NWSP 22-004&MPMD 22-005)Federal Hwy ROW Maintenance(FDOT)
4.24.2026
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9/9/26,4:17 PM Landmark Web Official Records Search
CFN 20260309408
OR BK 36746 PG 1070
RECORDED 8/25/2026 3:20 PM
This Instrument Prepared by Palm Beach County,Florida
And Should Be Returned to: Shannon Ramsey-Chessman,
Clerk Ad Interim
CITY OF BOYNTON BEACH Pgs:1070-1112;(43pgs)
Office of the City Attorney
100 East Ocean Ave.
Boynton Beach,FL 33435
Parcel No.08-43-45-27-01-000-0410
RIGHT-OF-WAY MAINTENANCE AGREEMENT
State Road 5/Federal Highway/US Highway 1 from M.P. 14.259 to M.P. 14.382 AND
State Road 804/Ocean Avenue from M.P.9.265 to M.P.9.327
Resolution No. 26-Og
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 BB1 Owner LLC,with an address of 888 Biscayne Blvd,
Suite 101,Miami,FL 33132("Owner").
WHEREAS, Owner is the owner of the real property located in Palm Beach County
("County"), Florida, legally described as and generally located at 114 N. Federal Highway;and
WHEREAS, State Road 5 / Federal Highway /US Highway 1 from M.P. 14.259 to M.P.
14.382 is a Florida State highway,which right-of-way is maintained by the Florida Department of
Transportation("FDOT"); and
WHEREAS, State Road 804/Ocean Avenue from M.P. 9.265 to M.P. 9.327 is a Florida
State highway,which right-of-way is maintained by 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
WHEREAS,FDOT has agreed to allow such specialty hardscape,landscape,and irrigation
only if the City entered into that certain Landscape Maintenance Memorandum of Agreement,
dated 3vnc. .2i , 2026, Permit No. 2024-L-496-00008 (the"MMOA"), a copy of which is
attached hereto as Exhibit A,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
Ocean One(NWSP 22-004&MPMD 22-005)Federal Hwy ROW Maintenance(FDOT)
1
4.24.2026
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https://erec.mypalmbeachclerk.com/search/index?theme=.blue§ion=searchCriteriaInstrumentNumber&q uickSearchSelection4I 1/1
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.08-43-45-27-01-000-0410
RIGHT-OF-WAY MAINTENANCE AGREEMENT
State Road 5/Federal Highway/US Highway 1 from M.P. 14.259 to M.P. 14.382 AND
State Road 804/Ocean Avenue from M.P. 9.265 to M.P. 9.327
Resolution No. 26- Og
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 BB1 Owner LLC,with an address of 888 Biscayne Blvd,
Suite 101, Miami, FL 33132 ("Owner").
WHEREAS, Owner is the owner of the real property located in Palm Beach County
("County"), Florida, legally described as and generally located at 114 N. Federal Highway; and
WHEREAS, State Road 5 /Federal Highway /US Highway 1 from M.P. 14.259 to M.P.
14.382 is a Florida State highway,which right-of-way is maintained by the Florida Department of
Transportation("FDOT"); and
WHEREAS, State Road 804 / Ocean Avenue from M.P. 9.265 to M.P. 9.327 is a Florida
State highway,which right-of-way is maintained by 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
WHEREAS,FDOT has agreed to allow such specialty hardscape, landscape,and irrigation
only if the City entered into that certain Landscape Maintenance Memorandum of Agreement,
dated 3unc. .2a_ , 2026, Permit No. 2024-L-496-00008 (the "MMOA"), a copy of which is
attached hereto as Exhibit A, 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
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4.24.2026
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
31.1e•e . a. , 2026, a copy of which is attached hereto as Exhibit A 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,
including plant materials, irrigations systems, adaptive surfacing, and tree pit systems (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 14.259 to Mile Post 14.382, and in the area of State Road 804 (Ocean Avenue) from Mile
Post 9.265 to Mile Post 9.327 as depicted in Exhibit A of the MMOA(the"Maintenance Area").
5. FDOT Access.The City shall promptly notify the Owner upon receipt of any FDOT access
request.Owner shall provide the required access within fourteen(14)calendar days of such notice,
including temporarily or permanently removing any conflicting Improvements, at Owner's sole
cost and expense. If Owner fails to do so, FDOT may remove the conflicting Improvements
pursuant to the MMOA,and the City may bill Owner for all documented costs charged to the City
by FDOT,payable within thirty (30) calendar days of invoice.
6. Owner's Maintenance Responsibilities.
6.1 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.
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6.2 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.
6.3 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.
6.4 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.
6.5 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.
6.6 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.
6.7 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.
6.8 Utilities. The Owner is solely responsible for all utilities related to the irrigation systems
for the Maintenance Area, including the ongoing cost of water.
7. Failure to Maintain.
7.1 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
such deficiency has not been cured within the Cure Period,the City may declare Owner to
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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.
7.2 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.
7.3 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.
8. 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. If
Owner fails to do so,FDOT may,pursuant to Section 6 of MMOA remove the Improvements and
charge the City,in which case the City may bill Owner for all documented costs,plus a reasonable
administrative fee, not to exceed 15% of the documented expenses thereof, payable within thirty
(30) calendar days of invoice. The City has no obligation to replace Improvements removed by
FDOT under this Section.
9. 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.
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10. Term.
10.1 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 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.
10.2 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.
10.3 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.
11. Owner's Additional Responsibilities.
11.1 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.
11.2 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.
11.3 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.
11.4 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:
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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.
Professional Liability: If Owner or any engineer, consultant, or other licensed
professional retained by Owner provides professional services in connection with the
Maintenance Area, Owner shall maintain, or require such engineer, consultant, or
licensed professional to maintain, coverage under a Professional/Allied
Health/Malpractice Liability policy with limits not less than $2,000,000 per each
occurrence and $3,000,000 annual aggregate.
Environmental/Pollution Liability: If Owner or any contractor engaged by Owner
utilizes fertilizers,herbicides,pesticides,or any other chemicals in connection with the
maintenance of the Maintenance Area, Owner shall maintain, or require its contractor
to maintain, environmental/pollution liability insurance with limits not less than
$1,000,000 per each occurrence and$2,000,000 annual aggregate.
(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
Commercial General 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.
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(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.
11.5 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
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
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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.
12. 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.
13. 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.
14. No Third Party Beneficiaries.No person or entity other than the parties to this Agreement
shall be deemed a beneficiary of this Agreement.
15. 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
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: Attn: Brian Bartczak
BB1 Owner LLC
888 Biscayne Blvd, Suite 101
Miami,FL 33132
With Copy to:
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
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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.
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.
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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.
Ocean One(NWSP 22-004&MPMD 22-005)Federal Hwy ROW Maintenance(FDOT)
10
4.24.2026
RIGHT-OF-WAY MAINTENANCE AGREEMENT
State Road 5 /Federal Highway /US Highway 1 from M.P. 14.259 to M.P. 14.382 AND
State Road 804 /Ocean Avenue from M.P. 9.265 to M.P. 9.327
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
ii/ /� � � Q, By:
Tammy Stanzi' e, Interim Ci Clerk Rebecca Shelton, Mayor ..---9)0Y NTpN%,,
Dated: Off,&vs+ to �c�•�' OAL %cl '
City Atto ey's Office • i
;INCORPORATED; %
Approv(7W and legality 1920 ;'
By. 111 •••••••••••••
,`‘ FLORIOP`r'
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing Right of Way aintenance eement was acknowledged before me by
means of physical presence this day of -MOM , 2026, by Rebecca
Shelton, as Mayor of the City of Boynton Beach, who fs personally known to me, as an action of
the City of Boynton Beach.
,�;��,',, KEYSIERA DELORME
:°`/ Vs Notary Public-State of Florid
•pg=�*_ Commission#HH 320719,} `(1 ' ,/I ' n
(SEAL) ;41,-14 My Commission Expires 1 x.Aivti..t Y
° �``O October 10,2026
5 Signature of Notary Public
•
(Print, type or stamp name) Keysiera Delorme
Commission number: ")Z 011H
I hereby certify that this is a true and
correct copy as it appears in the records of
the City of Boynton Beach.
RC2r.111e)C-27,;tetS//oIa6
City clerk u Coate
Ocean One(NWSP 22-004&MPMD 22-005)Federal Hwy ROW Maintenance(FDOT)
11
4.24.2026
RIGHT-OF-WAY MAINTENANCE AGREEMENT
State Road 5/Federal Highway/US Highway 1 from 14.259 to M.P. 14.382 AND State
Road 804/Ocean Avenue from M.P. 9.265 to M.P. 9.327
WITNESS: BB1 Ort
\\_76:)\By:
` ^ ,�, ' M f iagi g Member.
Print Name: vagi txa ��
Address: 6 4.,x.1,5-4• A el-310, t=arv�-i4,14 (By: e(+ V e cj
N Y 1 i 341 , Member
Print Name:
Address:
STATE OF PL B2ar ' ' `A
COUNTY OF P H t41 )
The foregoing Right of Way Maintenance Agreement was acknowledged before me by means of
physical presence this rt4'L-day of ,�. , 2026, by BB1 Owner LLC, by
its Managing Member,`tek..1/44- V.c s\e.j , as tin act of the limited liability company.
7 who is personally known to me OR❑ produced as identification.
(SEAL) a. \ _
Signature of Notary Public O �,
(Print, type or stamp name)
Commission number :
JOSEPH BUCK
Reals at on NState BU64294of New 4
Qualified in Kings County
Commission Expires:02-14-2030_
Ocean One(NWSP 22-004&MPMD 22-005)Federal Hwy ROW Maintenance(FDOT)
12
4.24.2026
EXHIBIT A
FDOT MMOA
Ocean One(NWSP 22-004&MPMD 22-005)Federal Hwy ROW Maintenance(FDOT)
13
4.24.2026
Docusign Envelope ID:D7F50C1B-4CB6-8181-809D-E6F84C6E5182
EXHIBIT SECTION: 93010000 193020000
PERMIT: 2024-L-496-00008
3 COUNTY: PALM BEACH
STATE RD: 5 and 804
FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT 4
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT made and entered into this 22 day of June 2026, by and
between the 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(US-1 /Federal Highway)
and State Road 804 (Ocean Avenue) 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 (US-1 / Federal Highway) from M.P.
14.259 to M.P. 14.382 AND State Road 804 (Ocean Avenue) from M.P. 9.265 to M.P. 9.327
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. R-26-080 , dated May 19
20 26 , 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 19
Docusign Envelope ID:D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 / 93020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
2. INSTALLATION OF FACILITIES
The AGENCY shall install and agree to maintain the landscape improvements described
herein as: plant materials, irrigation system, Addapave, and tree pit system, 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 19
Docusign Envelope ID:D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 193020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
(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.
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
Page 3 of 19
Docusign Envelope ID.D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 / 93020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
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 19
Docusign Envelope ID: D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 193020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
(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.
(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.
Page 5 of 19
Docusign Envelope ID:D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 193020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
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.
(c) The AGENCY agrees to comply with the requirements of this Agreement regarding
any additional landscape improvements installed by an adjacent owner.
Page 6 of 19
Docusign Envelope ID D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 / 93020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
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:
i. 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
ii. 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.
Page 7 of 19
Docusign Envelope ID. D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 193020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
iii. 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.
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.
Page 8 of 19
Docusign Envelope ID: D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 193020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
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
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 19
Docusign Envelope ID D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 / 93020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first written above.
CITY OF BOYNTON BEACH
By: Date: 5// /,,
Chairperson / Mayor / Manager
Attest: i,,,,. , el,.i (SEAL)
City Clerk 16...
p`f N TON %%t
6 • ...
O` PVORgTF. <(*s
_,
Legal Approval: % 4/IV 2.6
SEAL
� ;INCORP�RATED� S
1 ...• 192 •..:
,�` Fl nR1nQ 1
V�SSSS'�~
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
DocuSigned by:
6' t, 06/22/2026 I 6:31 PM EDT
By: ` ncnc7�.. Date:
John P. Krane, P.E. (or designee)
Director of Transportation Development
�DocuSigned by:
(41,0, e
Attest: 14540nnAn1 n471
Alia Chanel (or designee) (SEAL)
Executive Secretary
Signed by.
Legal Review: o ,Au,�
Pamela G. Eidelberg (or designee)
Assistant General Counsel, District 4
Page 10 of 19
Docusign Envelope ID. D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 / 93020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
EXHIBIT A
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES
I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS:
State Road 5 (US-1/ Federal Highway) from M.P.14.259 to M.P.14.382
AND State Road 804 (Ocean Avenue) from M.P. 9.265 to M.P. 9.327
II. LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARY MAP
*Please see attached map
Page 11 of 19
Docusign Envelope ID.D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SR 51N FEDERAL HWYI
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• • I2116 7�-- . �I.I CITY OF BOYNTON BFAON
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k\i t.W , I SR 5(N FEDERAL HWY) i
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Docusign Envelope ID:D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 193020000
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COUNTY: PALM BEACH
STATE RD: 5 and 804
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: August 5, 2025
Page 12 of 19
Doweipn Envelope ID:D7F50C1B-4C66-8181.809D•E6F84C6E5182
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Docusign Envelope ID D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 / 93020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
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 19
Docusign Envelope ID: D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 193020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
MAINTENANCE PLAN
Landscape Improvements
Project State Road: SR-5 (M.P. 14.259) to (M.P. 14.382) Section 93010000 AND SR
804 (Ocean Avenue) M.P. (9.265) to M.P. (9.327) and Section
93200000
Permit or FM No(s): 2024-L-496-00008
RLA of Record: James B. Euell, RLA
Maintaining Agency: City of Boynton Beach
Date: September 8, 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.) recommendations. Establishment of an
integrated pest management program is encouraged to ensure healthy plants, which are free of
disease and pests
Page 14 of 19
Docusign Envelope ID D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 / 93020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
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.
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.
Page 15 of 19
Docusign Envelope ID: D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 193020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
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
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.
Page 16 of 19
Docusign Envelope ID:D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 193020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
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.
PART II. LANDSCAPE ARCHITECT MAINTENANCE REQUIREMENT
1. The design at Hyperion One is minimalist in the sense that there is only a row of Mahagony
Street Trees and just a few planting islands. The plan has been kept simple by limiting the
number of plant species to the Mahagony trees, coonties, and ornamental peanut within
the ROW. Pruning should be kept to a minimum, allowing each plant to reach its fullest
potential. Watering and fertilization schedules are kept to a minimum as well, as the
coonties and ornamental peanut have very similar requirements.
2. Canopy Trees are intended to be maintained at mature height and spread with a clear
trunk of 14.5' over the roadway, and a minimum of 8.5' over the sidewalk. (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
monthly.
Page 17 of 19
Docusign Envelope ID D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 193020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
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. 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:
• coonties at their fullest potential, and full to ground
• ornamental peanut between 6" and 12", 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. Addapave surfacing shall be inspected on a quarterly basis for the aesthetic appearance
and safety conditions. Address any issues identified by repairing or replacing those
specific locations. 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 weed.
11. 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.
12 Inspect the root barriers annually for signs of root escape — bulging soil, cracked
pavement, or uplifted curbs may indicate roots breaching the barrier. Inspect surface areas
above the barrier for tree health and abnormal growth patterns. After major storms or
construction, recheck barrier integrity if nearby excavation, flooding, or soil shifting has
occurred.
Page 18 of 19
Docusign Envelope ID.D7F50C1B-4CB6-8181-809D-E6F84C6E5182
SECTION: 93010000 / 93020000
PERMIT: 2024-L-496-00008
COUNTY: PALM BEACH
STATE RD: 5 and 804
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 19 of 19
Docusign Envelope ID:D7F50C1B-4CB6-8181-809D-E6F84C6E5182
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
ih 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
1 { ("MMOA") with FDOT; and
0 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
I 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
Docusign Envelope ID:D7F50C1B-4CB6-8181-809D-E6F84C6E5182
RESOLUTION NO. R26-080
34 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
15 ancillary documents required under the Agreement or necessary to accomplish the purposes of
3(1 the Agreement, including any term extensions as provided in the Agreement, provided such
37 documents do not modify the financial terms or material terms.
3x SECTION 4. The Mayor-executed Agreement shall be forwarded to Shiloh Toler for
") execution by FDOT. Shiloh Toler shall be responsible for ensuring that one fully executed
41i Agreement is returned to the City and provided to the Office of the City Attorney for forwarding
4 1 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)
Docusign Envelope ID:D7F50C1B-4CB6-8181-809D-E6F84C6E5182
RESOLUTION NO. R26-080
45 PASSED AND ADOPTED this \ck day of c~ c cam, , 2026.
46 CITY OF BOYNTON BEACH, FLORIDA
47 YES NO
48 Mayor- Rebecca Shelton
49 GtoSeY. �
50 Vice Mayor - Thomas Turkin S[CiO\-Q..
51
52 Commissioner- Angela Cruz ✓
53
54 Commissioner- Mack McCray ✓ __
55
56 Commissioner- Aimee Kelley
57
58 VOTE —0
59 ATTEST:
60
61 'is# A 4Cvv.Q.
62 Tammy Stanz..ne Rebecca Shelton
63 Interim City Clerk =0(NT04;` �� Mayor
64 i-O .• •PO .•' 6F��
•vol Rl i •.`9 i
APPROVED AS TO FORM:
65 - = SEAL =_
66 (Corporate Seal); .•INCORPORATED!
1920 ,: jaa,Ge)
68 •'
•
69 ��.F101R0P= Shawna G. Lamb
70 City Attorney
71