TO: Mayor and Commissioners
FROM: Hassan Hadjimiry, P.E., Utilities Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: October 13, 2026
Title
HOLD HARMLESS AGREEMENT FOR 37 W ATLANTIC AVE
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Recommended Action:
Recommendation
Motion to approve and accept a Hold Harmless Agreement for property located at 37 W Atlantic Ave, Property Control Numbers (PCNs) 12-43-46-16-01-060-0130, 12-43-46-16-01-060-0150, 12-43-46-16-01-060-0160.
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Background:
The Owners of Record, MDG Banyan Delray Partners, LLC., submitted a building permit on April 1, 2026, for the subject property and proposing construction improvements on the property which require the installation of utilities and related improvements, and requires work to be completed within the Florida Department of Transportation (FDOT) State right-of-way located at or near the property. The City is required to sign the permit on behalf of the owner to allow the installation/construction to take place in the State right-of-way.
City Attorney Review:
Approved to form and legal sufficiency.
Funding Source/Financial Impact:
There is no cost to the City now or in the future for this item.
Timing of Request:
Timing is of high importance to allow the project to continue construction.