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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 I lil ti _ ,... \I FDOT LANDSCAPE PERMIT , NUMBER 2026-L-496-00006 a iJ40., 1 .' 11 ■ '' VIII III H— I 11111t -IIsi I ; ® 1N, 3 LL 11111 1 II • 0 11111 'SA 1; o V W - 11111 !wI- I 1111 • FOOT RIGHT-OF way a LIMITS OF MAINTENANCE B CITY OF BOYNTON BEnai P FT ■ L 1 LANDSCAPE IMPROVEMENTS N �� i ,F.,:: MAINTENANCE BOUNDARY MAPA • 1 1 - CITY OF BOYNTON BEACH1 'AT T;Mn1NTYN AO. - -- - i1- � STATE ROAD 5(US-1/N FEDERAL HWY) - 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 NE 1ST AVENUE g I MILEPOST 14.320 RI I I I E./1VIR0/1MGP1T JI/ BOYNTON BEAoI BLVD EXISTING STOP SIGN/RIGHON _Y TURN OT ��- N D r.ric-1 SIGN TO REMAIN G ROUP I . 9• ' 159 sonhamry CADE 51208 Rimm Ileadl Fl.57/90 I Q __ -!j Phone 561.631.4600 W9ie 561.324424 EXISTING LIGHT POLE TO REMAIN ' a J > �' 1 ° I of a • tIBT AVB.L landscape Architecture Q i; % Dustin Y�Niel,IRA RIA4i6666184 ISWALE I .4,--EXISTING CONCRETE AREA OF WORK 4"4r•.r••" EXISTING CONCRETE AND PAVER I O n SIDEWALK __ WITHIN 04 ADJACENT SIDEWALK TO Aro REMOVED I I I I II I O .r i TO FOOT 440 W. 7�� ti EXISTING'TO 41A'SIGN TO REMAIN I• T Z if ry� EXISTING 70 BEACH/AIA SIGN I I { I1I FO I I EAST OCEAN AVENUE TO REMAIN J N ti iK I L— I • 2'CLREI E GUTTER d �y I♦ ^ CO 1•' I SE IST AVE3.4.E �` - U f I ' A$PLIALT PAVEMENT I 1 • ► Sa 2."� . 4'�$7a • AND PARKING I �" I .I i Humcane IMy SWALE I $E EN)AVES&E _ p11I� I I I E oc8ae Ava' EXISTING LIGHT POLE TO REMAIN •�: r - •[ EXISTING BAB STOP SIGN TO BE I I I NTS RELOCATED \ _ �,• Aerial View t J T— I ei W 20'PLATTED RIGHT OF WAY ASPHALT PAVEMENT 11J LL ji Z I _ ( MEDIAN EXISTING'RAILROAD TRACKS SIGN TO (n REMAIN II 5 EXISTING CONCRETE AND PAVER—, — 111 •1 _ ///%II� SIDEWALK TO BE DEMOLISFED l(1 •I, _p/'y. AND REMOVED ':? Q 2'CURB E GUTTER .1111 ,1 V,a"",:4.1.3n'�� '\ III EXISTING CCNOCARPUS ERECTUS , SILVER BLITTONW000 TREE \� ., T°��"°�° ASA ® CY I Tree Disposition Table I -19,,...',71,14 "' ` O$ Aro PARKING I- I% 'I2SC i/ ESA ON SIZE COAL) CONDITION `� : C\• EXISTING LIGHT POLE TO REMAIN '' ,4 T '. STATE i ,\• {/i5/.1 SILVER BUTTONWOOD REMOVE II' FAIR `:44{r /* II GREEN BUTTONWOOD REMOVE IV FAIR ... I. (D EXISTING E N BUTTONWOOD ERECTUS .• G SILVER BUTTONVV000 REMOVE Ip' FAIR � RI 1• GREEN BUTTONWOOD TREE rT' j �ORICP./'TI TO BE REMOVED C. 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I eorNron REACH BLVD C/'IVIRO/'IM[11T S �' en I ' to \_ ■DC/1cn EXISTING LIGHT POLE �Ik'.' u1 ; G Raul, UG TO REMAIN ��\ 1 I IA NRI(CoAIJ Amt 5120-8 PA Beady n 33460 IED BIRSERA SIMARLBA I u Phone 561832.4600 Ilohie 561J11M24 GUMBO LIMBO TREE b'CT,.IT HT. ��* $ i Irii ;Q < re 1ST AVEIE ul Landscape Archlleclure a1 GUAIACI.M SANCTUM ,/i p 1 - 1 i % AREA OF WORK WIi TO FOOT Dmtn Y.Iftel,WA RIA 16666781 • i I iii LIGNJM VITAE TREE - WITUIN CO ADJACENT b CT.,IT HT EXISTING CONCRETE % 0.111 P 1 e P e,r e e•A•I �'FIRE LANE 118► II / SIDEWALK R4� EXISTING'TOO REMAAIN IN ,i' I I I / p EAST OCEAN AVENUE w r CC EXISTING TO BEACH/AIA I I I b r1 k I%t Ave'.- SIGN TO REMAIN I 1 - I ♦'0 4'LATERAL OFFSET a' 1 I I 1 ..• ,,,,,MO 1 II _ __stao.ale 1 ! 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An I TRACKS'SIGN TO 4E3v1AIN !'I OE:A..a+rrsrAro.Ro PaANs rtiOaoA CEPAPi6eM o- A lana N 1075-76 STANDARD RAMS nes MAD AND BOORS PROPOSED CONCRETE - ■ yi CONSTRUCT.AvAILAND APNLICAat MEM.REVISE,OW AFT I %.%APT SIDEWALK ' •�� In dlAT RE PO-TOWE emosre l I : 1 r6wRc2?ec'IItr6■ Q _ --7OGBEGUTTER cmAmrs+r RDOAT0S FCR DESTERIR W�TE.TENANDESPECPICATIONE ; ` e '-F. O6 CONTRACTOR SNAIL REPAIR ALL OANgs DOVE TO Te FDOT '�1 t\ it ' cn W PROPERTY DM.0[M0.1TIM W.CCAnW AND/O1 INSTgLLAT10N 'N&: A •: EXISTING LIG-IT POLE Mµ I I W a \ ACTIVITIES AT RDs sat EXPENSE �� HL '�� (15151.14 sesTIMKN EMT aR W.F.RE LOOT \ •: • 1 TO REMAIN - ADamAv!TKLab PAVING STREET TRS FIT STSTBA • RANT Y I Q w Exlsr.D OET•rtw aEAa STREET mes Bort o-WAY wenn MOLESTED ar TLE ewmACTae.owNs. I. 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BARTOTAL N VBER CF TRIES RANTED b W ne FOOT TOR CE WAY.LANDSCAPE.6TALL TON swu/F 1 1 � 580 II Caesar VAR Ome r APRICAat MOT ANANTENAN0 SECEIGna• M 1 800 432-4770 Fool RAW LINE 44 I 0 I1� Al CLUB $ { —--r' planting Materia Vfpec ficatione PCR TM PORT0 o-LANDSCAPE PaANT MAMMAL RAT NA Be 1111 INLET .I MST..WIRT TM POET DoT CP WAY REP.TO TE EMT ` / WITHIN 10'-O'R.O.W DEDICATION BTAFDARD Rx61NZX Seaoa LANDSCAPE.EtALLATKIN 0.525.NIOF PCLEAR SI„IN �,// , 1 ,-- - I \ I SYABQ'PLANT NAME I OTT.I SIgJ$P[CIFICATICN$ I NATIVEMAO+ N.WYATT. 181.1 ERR OP WAY FDOT LANDSCAPE PLAN DESIGN 15I _ CYYP�PRODUCTS.RECYCLEDNLLOACOAPPROVEDEOUAL�TE® THE PIERCE ��i _ I�� O. (LA14CL V Sg6GRM 6 II'O0.&5'CT-6'A4N C4 YGS NW.aM SOL CCIxa MSCI SATE ACCO•C•OWEICPTIw I Ar'r"1. wee _ : LION..VITAE M.ORIDA FANCYIMEECTO M FOOT DETECT 6QRATION MOAT LANDSCAPE.BlCTW UYIn T OF CLEAR Si(,LINE 0. 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OF oovtc.Iw Fav one .... ____III I I C/'1v1R0/7MCJrT To BIXIQCE NAPE t0 CI}V,CCT BOYNTON eEAO eLw ■ CO • N To 0VI9M CITY WATEa 9eRVICES _-_ D r/1G�'1 4 1Wu �— -----1 - GROUP Z .I eAaQVIGn OW c�EON.Txoi�eAM aA WILL G ROUP ``\ Q I BBE LOCATE, INE A a 139 NAM Cant,Read SIA-8 PoNn Basch,Alma • suuOlNa see AecI.S'ETlscTux U Phare 561832.4600 *bin 561.31304 FLANS Foe DETAILS rn SOAKER LINES.TTP, *} 4 I 0 IP c'?' nE 15T AVEdE W Landscape Architecture SLEEVE,TYP II I� V Dustin IL Mier,MIA R1A16666184 - III _•___ •I- C4' 7 4 —EXISTING CONCRETE % AREA OP WORK a.rl�rlr.eiiee•relee,,n,,.o.,,/e/r,. `ijj 1 I F I r g %ALK WOTFOC4 ADJACENT FIRE LAPS �- Si _al / IY EAST OCEAN AVC-N.E l 8 NE'Tst GYTJ wit, . �zCL4BEcu TBz :_.-- I ;: ;.IISE IST AVENE • 7,01sse U ir',wOa 112 -_... 11 I ■ • 11 I HurricansnatI , ri I. ■ 'i 1 I II SE]TD AVBiE \ ■ } E Ocean Ave ...Lr- iii], I1 ■ _ it '1 Location Map NTS. 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THE PIERCE EAPANDAPLE STATIN WALL wow CONTROLLER TO!teDIMTED DN BRIM!6S1RICAL PA CL A RAP PAAplIIC WARM EIC 171 1 121 A 400 'show.`' 1�" 101 N FEDERAL HW1' J OmIOATIOIe liiil $IeNA4�r.T@SICTIR+ tse�wnCRAP CO O CKTAum PER CODE PUA ?� roIewc..m.TPlwMoovarsaNBlnnTlw BOYNTONBEACHFL,33435 NCTSPLASuINODEPRESSED ECRB 1 DESIGN SPEED-40 MPH 111111EAST OCEAN AVENUE SI"• rBECIN PROJECT I , MILEPOST 14.263 FDOT LANDSCAPE PERMIT F D O T Irrigation Plan J'heet L3 STOP BAR -', 11I_ BR By 2026-L-496-00006 :CALE NFEeT O• 50 t 60 . 90 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. Page 20 of 23 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) Page 23 of 23