TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: November 2, 2026
Title
ACCEPTANCE OF A FDOT LANDSCAPE MAINTENANCE AGREEMENT (LMA) FOR A PORTION OF 802 SE 5TH AVENUE AT THE CORNER OF SE 5TH AVENUE AND SE 8TH STREET.
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Recommended Action:
Recommendation
Acceptance of a FDOT Landscape Maintenance Agreement (LMA) for a portion of 802 SE 5th Avenue landscape at the corner of SE 5th Avenue and SE 8th Street.
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Background:
On September 24, 2025, the Site Plan Review and Appearance Board approved a Level 2 Site Plan Application for 802 SE 5th Avenue, which includes landscaping improvements located within the public rights-of-way. Such improvements require the approval of a Landscape Maintenance Agreement (LMA). These documents are ministerial and serve to implement the approved design; there are no changes to the development approved for the project in this action.
The LMA is an agreement between the property owner and the City of Delray Beach (City). When such improvements are located within a public right-of-way owned by the Florida Department of Transportation (FDOT), an LMA inclusive of a Maintenance Memorandum of Agreement (MMOA) is also required. This project includes improvements on SE 5th Avenue, which is under FDOT's control. The MMOA is an agreement between the City and FDOT. The requirement for an MMOA began in 2012. Upon approval of the LMA, the City Manager will execute the MMOA.
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
The LMA will be effective immediately upon approval; the City Manager will execute the MMOA administratively following approval of the LMA.