HomeMy WebLinkAboutR26-168 RESOLUTION NO. R26-168
1
2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
3 BEACH, FLORIDA, APPROVING AMENDMENT ONE (1) TO THE LANDSCAPE
4 MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF
5 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 ALONG
8 STATE ROAD 5 / FEDERAL HIGHWAY / US HIGHWAY 1 ABUTTING THE
9 PIERCE PROJECT; AND FOR ALL OTHER PURPOSES.
10
11 WHEREAS, the Pierce project, generally located at 111 North Federal Highway, proposes
12 to install and maintain landscape, irrigation, and decorative hardscape within FDOT right-of-way
13 along South Federal Highway at the sole cost and expense of the property owner; and
14 WHEREAS,the City and FDOT previously entered into that certain Landscape Maintenance
15 Memorandum of Agreement dated June 22, 2026, Permit No. 2024-L-496-00008 (the "MMOA"),
16 for the maintenance of landscape, irrigation, and decorative hardscape improvements within the
17 FDOT right-of-way; and
18 WHEREAS, to accommodate the improvements associated with The Pierce project, FDOT
19 and the City desire to enter into Amendment One(1)to the MMOA, Permit No.2026-L-496-00006,
20 for State Road 5 / Federal Highway / US Highway 1 from M.P. 14.263 to M.P. 14.320 (the
21 "Amendment"); and
22 WHEREAS, FDOT will not contract with private owner/developers for non-standard
23 improvements requiring the City to enter into a Maintenance Memorandum of Agreement
24 ("MMOA") with FDOT; and
25 WHEREAS, the City shall require a Right of Way Maintenance Agreement in which the
26 City's obligations of said FDOT MMOA, as amended, are assumed by the owner of The Pierce
27 project; and
28 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in
29 the best interests of the citizens and residents of the City to approve Amendment One (1) to the
30 Landscape Maintenance Memorandum of Agreement between the City of Boynton Beach and the
31 State of Florida Department of Transportation.
32
RESOLUTION NO. R26-168
33
34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
35 BEACH, FLORIDA, THAT:
36 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
37 being true and correct and are hereby made a specific part of this Resolution upon adoption.
38 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
39 approve Amendment One (1) to the Landscape Maintenance Memorandum of Agreement
40 between the City of Boynton Beach and the State of Florida Department of Transportation, Permit
41 No. 2026-L-496-00006 (the "Amendment"), in form and substance similar to that attached as
42 Exhibit A.
43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
44 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any
45 ancillary documents required under the Amendment or necessary to accomplish the purposes of
46 the Amendment, including any term extensions as provided in the Amendment, provided such
47 documents do not modify the financial terms or material terms.
48 SECTION 4. The Mayor-executed Amendment shall be forwarded to Luiza Pessoa
49 Guazzelli to obtain execution of the Amendment by FDOT. Luiza Pessoa Guazzelli shall be
50 responsible for ensuring that one fully executed Amendment is returned to the City, to be
51 provided to the Office of the City Attorney for forwarding to the City Clerk for retention as a public
52 record.
53 SECTION 5. This Resolution shall take effect in accordance with the law.
54
55 [SIGNATURES ON THE FOLLOWING PAGE)
RESOLUTION NO. R26-168
56 PASSED AND ADOPTED this \Co day of C� c2.v -wevN 10 , 2026.
57 CITY OF BOYNTON BEACH, FLORIDA
58 YES NO
59 Mayor— Rebecca Shelton ✓
60
61 Vice Mayor—Thomas Turkin ✓
62
63 Commissioner—Angela Cruz '/-
64
65 Commissioner— Mack McCray _AZ_
66
67 Commissioner—Aimee Kelley
68 _
69 VOTE 6 -0
70 ATTEST:
71
72
73 Tammy Stan one R?becca Shelton
74 City Clerk Mayor
75 pY N T%''‘‘
76 �'p•G�RPORgT�,•:644% APPROVED AS TO FORM:
77 (Corporate Seal) %ti ' ' ?
78 U
: SEAL ':
INCORPORATED; ctivn4 /
79 „
1920 . J
80 tt ••.....•• Shawna G. Lamb
81 ���FLOR\OP= City Attorney
82
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
AMENDMENT ONE (1) TO
FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT 4
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
This is AMENDMENT ONE (1) to the Agreement dated June 22, 2026, made, and entered
into this day of 202_, 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 / N. 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 (US-1 / Federal Highway) from M.P.
14.263 to M.P. 14.320 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.? .- I g , dated StArk• Ib , 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 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
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 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
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.
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 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
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 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
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.
(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 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
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 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
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 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
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 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
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: Luiza Pessoa Guazzelli, P.E.
District IV Landscape Manager Title: City Engineer
LIST OF EXHIBITS
Exhibit A: Landscape Improvements Maintenance Boundaries
Exhibit B: Landscape Improvement Plans
Exhibit C: Maintenance Plan for Landscape Improvements
Exhibit D: Resolution
Except as modified by this Amendment, all terms and conditions of the Original Agreement
and all Amendments thereto shall remain in full force and effect.
Page 9 of 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
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 BOYNTON BEACH
By: Date: 9//c/c) (o
Rebecca Shelton, Mayor
Attest: Q/J'�t ` CA�►� (SEA_:= '?j .`t,
ammy Stanzio e, City Cler ;'�JO.COAPOR./skh
V:• '`� 9TH•°',
EA •
• N
�i 1 ATED 0
1
Legal Approval: 4/[/iZt /, ��� •••• 2� •.� •
Shawna G. Lamb, City Attorney 1'‘:NRIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: Date:
John P. Krane, P.E. (or designee)
Director of Transportation Development
Attest:
Alia Chanel, CPM (or designee)
Executive Secretary
Legal Review:
Pamela G. Eidelberg (or designee)
Assistant General Counsel, District 4
Page 10 of 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
EXHIBIT A
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES
I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS:
State Road 5 (US-1/ Federal Highway) from M.P.14.263 to M.P.14.320
II. ORIGINAL AGREEMENT LIMITS FOR STATE ROAD 5 AND STATE ROAD
804 PERMIT #2024-L-496-00008
State Road 5 (US-1 / Federal Highway) from M. P. 14.259 to M. P. 14.382
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 23
—END PROJECT
NE ISToAVENUE III U MILEPOST 14.320
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FDOT LANDSCAPE PERMIT ,
NUMBER 2026-L-496-00006
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LIMITS OF MAINTENANCE B
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- clivi of eornraH sena+ en—_
m¢aw.- - JULY 13TH,2026
EAST OCEAN AVENUE II
BEGIN PROJECT Page 12 of 23
MILEPOST 14.263
SECTION: 93010000
PERMIT: 2026-L-496-00006
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: Dustin M. Mizell, RLA
Environment Design Group
Date: June 29, 2026
Page 13 of 23
- -► ......4:
STpP BAR r B,D PRO-ECT p
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PAVERS TO RENAM r'ei •. Landscape Plan
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Page 15 of 23
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Page 16 of 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
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.
Page 17 of 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
MAINTENANCE PLAN
Landscape Improvements
Project State Road No(s): State Road 5 from M.P. 14.263 to M.P. 14.320
Permit or FM No(s): 2026-L-496-00006, Amendment 1
RLA of Record: Dustin M. Mizell, R.L.A.
Maintaining Agency: City of Boynton Beach
Date: July 13th, 2026
PART I.
GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS:
WATERING REQUIREMENTS
Watering is a critical concern for not only the maintenance of healthy plant material but also for
observing water conservation practices. The amount of water to apply at any one time varies with
the weather, drainage conditions and water holding capacity of the soil. For plant materials that
have been established, it is imperative that any mandated water restrictions be fully conformed to
on FDOT roadways.
Proper watering techniques should provide even and thorough water dispersal to wet the entire
root zone but not saturate the soil or over-spray onto travel lanes.
IRRIGATION SYSTEM
The Agency shall ensure there are no roadway overspray or irrigation activities during daytime
hours (most notably "rush hour" traffic periods). It is imperative 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 18 of 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
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 herbicides 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 specifications 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 19 of 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
TREE CELL STRUCTURES
Underground tree cells shall be maintained in such a manner as to prolong the life of the structure
and prevent potential safety hazards. If the structures fail or become damaged, they shall be
replaced with the same type and specification as the approved plan.
LANDSCAPE ACCENT LIGHTING
Landscape accent lighting shall be maintained in such a manner as to prolong the life of the
lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system
become damaged, they shall be replaced with the same type and specification as the approved
plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching.
HARDSCAPE (SPECIALTY SURFACING)
All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to
prevent any potential tripping hazards and protect damage to the surfacing and tree grates. Final
surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT
Maintenance Rating Program Handbook for a sidewalk; ADA accessible sidewalk; and FDOT
Design Standards for Design, Construction, Maintenance and Utility Operations on The State
Highway System. If the specialty surfacing or tree grates become damaged, they shall be
replaced with the same type and specification as the approved plan.
HARDSCAPE (CONCRETE PAVERS)
All concrete pavers (if applicable)shall be maintained in such a manner as to prevent any potential
tripping hazards and protect damage to the pavers. Final surface tolerance from grade elevations
shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICPI), Guide
Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers,
Part 3.05. If the concrete pavers become damaged, they shall be replaced with the same type
and specification as the approved plan.
It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard
surfacing area. Such maintenance to be provided by the AGENCY shall include repair and
replacement of the sign panel, post, and base.
HARDSCAPE (NON-STANDARD TRAVELWAY 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.
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.
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SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
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.
TREE GRATES
The Agency is required to conduct regular inspections to all Tree grates installed within FDOT
right-of-way. The Agency shall inspect the grates to ensure they are free of debris, damage, or
uneven surfaces which could potentially create safety or accessibility issues for the public. The
Agency shall also inspect the tree grate annually to ensure the tree grate opening is not in conflict
with the on-going growth of the tree trunk. Modify the tree grate as needed to account for future
growth.
ROOT BARRIERS
Periodic visual inspections shall be conducted by the Agency in areas where root barriers have
been installed to ensure adjacent facilities are not being impacted. Areas that are noted with early
signs of impacts, should have the compromised root barriers removed and replaced with new
barriers, root pruning the tree in the process. Additionally, the areas in which barriers have been
installed should be inspected to ensure that the roots do not grow over the barrier. Chemical root
barriers, while effective, have a more limited lifespan than physical barriers and should be
replaced at the end of their manufacturer specified guarantee.
PART II.
SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS:
LANDSCAPE ARCHITECT MAINTENANCE REQUIREMENT
1. Intent of the project is to improve the streetscape along Federal highway while enhancing
the facade of the proposed building.
2. Canopy Trees are intended to be maintained at mature height and spread.
Page 21 of 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
COUNTY: PALM BEACH
STATE RD: 5
3. Remove suckering growth from base and clear trunk areas for single trunked and/or multi-
trunked trees on a quarterly basis.
4. To maintain the intended appearance of all palms, apply the latest palm fertilizer
recommended by the University of Florida IFAS Extension per the manufacturer's
specifications.
5. To maintain the intended appearance of all shrubs or turf grass, apply the latest fertilizer
recommended by the University of Florida IFAS Extension per the manufacturer's
specifications.
6. Do not remove fronds from self-cleaning palms, unless damaged. Palms with persistent
fronds shall only have dead fronds removed, do not remove any green fronds. If it is
deemed necessary to prune a palm's fronds, no fronds shall be trimmed above 3 o'clock
and 9 o'clock on the horizontal plain.
7. Groundcover and shrub horizontal growth shall be maintained to prevent foliage from
growing beyond the limits of the planting areas shown on the plan. Maintain a 3" setback
from the foliage to the edge of curb, pavement, sidewalk and/or other hardscape
improvements.
8. No shrubs are proposed within the FDOT Right-of-way.
9. Inspect groundcovers and shrubs on a monthly basis for maintaining full ground coverage.
10. Evaluate plant material on a monthly basis for pests, diseases, drought stress or general
decline. If required, follow the integrated pest management program established by the
Agency to ensure healthy plants.
11. Concrete pavers shall be inspected on a monthly basis for the aesthetic appearance and
safety conditions. Address any issues identified by repairing or replacing those specific
locations. To maintain the overall aesthetic appearance and safety of the concrete pavers
they shall be cleaned on a twice-yearly basis to prevent mold, dirt, oil, and gum build up.
Joints and cracks in concrete, patterned concrete or asphalt, concrete payers,
concrete curbs, expansion joints, catch basins, gutter areas, etc. shall be inspected
on a monthly basis to keep those areas free of weeds.
12. Inspect the irrigation system performance on a monthly basis_to ensure the system is
providing 100% coverage, does not have sections of low pressure, heads and valves are
clean and clear of debris and any damaged irrigation components (i.e., spray nozzles,
spray heads, valve boxes, etc.) are repaired or replaced.
Page 22 of 23
SECTION: 93010000
PERMIT: 2026-L-496-00006
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)
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