Charlene Montgomery, Assistant Director

Engineering and Community Development

Brad Ostroff, Interim Director

Engineering and Community Development

Issue Statement: The Florida Department of Transportation (FDOT) and the City of Oakland Park entered into an Inclusive Landscape Maintenance Memorandum of Agreement (MMOA) on December 6, 2010, via resolution R-2010-189, for the maintenance of landscape improvements within designated state road rights-of-way throughout the City. The agreement has been amended periodically to add new landscape improvement areas requiring maintenance by the City.

McDonald's USA, LLC is proposing landscape enhancements within the FDOT right-of-way adjacent to its property located at 1352 East Commercial Boulevard. FDOT has prepared Amendment No. 9 to the existing Inclusive Landscape Maintenance MMOA to incorporate these additional landscape improvements located along State Road 870 (Commercial Boulevard) between Mile Posts 7.837 and 7.866.

FDOT policy does not permit maintenance agreements directly with private entities. Therefore, the City must enter into the amendment with FDOT and assume responsibility for the maintenance of the improvements. Concurrently, McDonald's will enter into a separate maintenance agreement with the City requiring McDonald's to perform and fund all maintenance activities associated with the improvements. A companion maintenance agreement with McDonald’s USA, LLC is also being presented for City Commission consideration.

Recommended Action: Staff recommends the City Commission adopt a resolution authorizing the proper City officials to execute Amendment No. 9 to the Inclusive Landscape Maintenance Memorandum of Agreement between the City of Oakland Park and the Florida Department of Transportation for landscape improvements located within the State Road 870/Commercial Boulevard right-of-way adjacent to McDonald’s at 1352 East Commercial Boulevard, subject to approval and execution of the companion maintenance agreement with McDonald’s USA, LLC.

McDonald's USA, LLC has requested approval to install landscape and hardscape improvements within the FDOT right-of-way adjacent to its property located at 1352 East Commercial Boulevard. The proposed improvements include landscaping, irrigation, and related site enhancements within the State Road 870 corridor.

To facilitate these improvements, FDOT has prepared Amendment No. 9 to the City's existing Inclusive Landscape Maintenance MMOA. The amendment adds the project area to the City's existing maintenance boundaries and requires the City to accept maintenance responsibility for the improvements in accordance with FDOT standards.

Although the amendment identifies the City as the responsible maintenance entity, a companion agreement between the City and McDonald's will require McDonald's to perform and fund all maintenance activities associated with the landscape improvements, including irrigation, plant replacement, pruning, and hardscape upkeep. As a result, the City will not incur maintenance obligations or costs associated with the project.

Approval of this amendment will satisfy FDOT's requirement that maintenance responsibilities for improvements located within State right-of-way be assigned to a public agency rather than a private property owner.

There is no financial impact to the City associated with this item. Although the amendment assigns maintenance responsibility to the City under FDOT requirements, a separate maintenance agreement between the City and McDonald's will require McDonald's USA, LLC to perform and fund all maintenance, repair, replacement, irrigation, and upkeep activities associated with the landscape improvements. Therefore, no City funds are required for implementation or ongoing maintenance of the project.