Charlene Montgomery, Assistant Director

Engineering and Community Development

Brad Ostroff, Interim Director

Engineering and Community Development

Issue Statement: The Florida Department of Transportation (FDOT) requires public agencies, rather than private property owners, to assume maintenance responsibility for landscape improvements installed within state road rights-of-way. As a result, the City is concurrently considering Amendment No. 9 to the Inclusive Landscape Maintenance Memorandum of Agreement (MMOA) with FDOT for landscape improvements adjacent to the McDonald's property located at 1352 East Commercial Boulevard.

To ensure that the maintenance obligations associated with these improvements are performed and funded by the benefiting property owner, McDonald's Corporation has agreed to enter into the attached Agreement to Maintain Landscaping with the City. Under the agreement, McDonald's will assume and perform all maintenance obligations required by FDOT for the limited area adjacent to its property, including landscaping, irrigation, hardscape maintenance, plant replacement, and related upkeep activities.

The agreement further requires McDonald's, and any successor in interest, to maintain the improvements for as long as it owns the property and to retain a qualified landscape maintenance provider to perform the required maintenance activities.

Recommended Action: Staff recommends that the City Commission adopt a resolution authorizing the proper City officials to execute an Agreement to Maintain Landscaping between the City of Oakland Park and McDonald's Corporation for landscape improvements located adjacent to 1352 East Commercial Boulevard.

McDonald's Corporation is updating the landscaping associated with its property located at 1352 East Commercial Boulevard, including improvements located within FDOT right-of-way adjacent to the site.

As required by FDOT, the City must accept maintenance responsibility for these improvements through Amendment No. 9 to the existing FDOT Inclusive Landscape Maintenance MMOA. Because FDOT does not enter into maintenance agreements directly with private entities, the City has negotiated a companion Agreement to Maintain Landscaping with McDonald's Corporation.

The agreement obligates McDonald's to perform all maintenance activities required under the FDOT-approved Landscape Maintenance Plan, including maintenance of landscaping, irrigation systems, hardscape features, plant replacement, litter control, pruning, fertilization, and other associated maintenance activities.

The agreement also establishes procedures for addressing any maintenance deficiencies identified by FDOT. If the City receives a notice of default or violation from FDOT, the City will provide notice to McDonald's, which will have thirty (30) business days to cure the deficiency before being subject to City enforcement proceedings.

Approval of this agreement ensures that all maintenance responsibilities and associated costs remain the responsibility of McDonald's while allowing the City to satisfy FDOT's public-agency maintenance requirements.