Town Council

1. ROLL CALL, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE. 2. AGENDA APPROVAL: a. Additions, substitutions, deletions. b. Agenda Approval. 3. STAFF AND COMMITTEE REPORTS: a. Town Council b. Town Manager 4. SPECIAL PRESENTATIONS: a. Proclamation Recognizing April 7 - 13, 2024, as National Library Week. b. Proclamation Recognizing April 14 - 20, 2024, as National Public Safety Telecommunicators Week. c. Proclamation Recognizing April as Water Conservation Month. 5. APPROVAL OF THE CONSENT AGENDA: a. Approval of the February 26, 2024 Town Council Meeting Minutes. b. Consideration of a request from the First Baptist Church of Lantana to open the Lantana Municipal Beach parking lot at 5:00 a.m. and to waive parking fees from 5:00 a.m. to 9:00 TOWN OF LANTANA Town Hall 500 Greynolds Circle Lantana, FL 33462 Regular Meeting March 11, 2024 - 6:00 p.m. For information regarding the procedures for public participation during a Town Council meeting, please refer to the end of this agenda. *THIS TOWN COUNCIL MEETING CAN BE ACCESSED ONLINE FOR LISTENING PURPOSES ONLY. PLEASE SEE THE LAST PAGE FOR DETAILS. Karen Lythgoe, Mayor ____ Lynn J. Moorhouse, D.D.S., Vice Mayor ____ Mark Zeitler, Vice Mayor Pro Tem ____ Christopher Castle, Councilmember ____ Kem Mason, Councilmember ____ LANTANA STAFF: Brian K. Raducci, Town Manager; R. Max Lohman, Town Attorney; and Kathleen Dominguez, CMC, Town Clerk 03-11-24 Town Council Agenda a.m. for an Easter Sunrise Service at the Dune Deck Café and Lantana Beach on March 31, 2024. 6. ORDINANCES AND RESOLUTIONS: a. Consideration of Resolution No. R-03-2024, adopting the Florida Department of Transportation (FDOT) Subordination of Utility Interest. 7. QUASI-JUDICIAL HEARINGS: a. None. 8. MISCELLANEOUS: a. Consideration of a piggyback contract with M&M Asphalt Maintenance Inc., d/b/a All County Paving through the Palm Beach County School District Solicitation No. 20C-46V for repaving Town roads in an amount not to exceed $554,432.00. 9. PUBLIC COMMENTS: 10. FUTURE EVENTS/IMPORTANT DATES (subject to change): 11. COUNCIL COMMENTS: 12. ADJOURNMENT. 03/19/2024 – General Election Day, 7:00 a.m. to 7:00 p.m. 03/21/2024 – Special Magistrate Hearing, Town Hall Council Chambers, 5:30 p.m. 03/23/2024 – Barefoot Mailman Family Beach Day, Lantana Beach, 9:00 a.m. to 1:00 p.m. 03/25/2024 – Town Council Meeting, Town Hall Council Chambers, 6:00 p.m. 03/27/2024 – Planning Commission Meeting, Town Hall Council Chambers, 6:30 p.m. 03/30/2024 – Eggstravaganza Egg Hunt Event, Maddock Park, 8:30 a.m. to 10:30 a.m. 04/08/2024 – Town Council Meeting, Town Hall Council Chambers, 6:00 p.m. 04/18/2024 – Special Magistrate Hearing, Town Hall Council Chambers, 5:30 p.m. 04/19/2024 – Visioning Retreat, Finland House, 8:00 a.m. to 2:00 p.m. 04/20/2024 – Lantana Beach Clean-up Event, Lantana Beach, 8:30 a.m. to 10:00 a.m. 04/24/2024 – Planning Commission Meeting, Town Hall Council Chambers, 6:30 p.m. Listen to the Town Council Meeting via Granicus: Visit https://www.lantana.org/TownAgendas and click "Audio" for live broadcast. The recording will be available on-demand after the meeting. PROCEDURES FOR PUBLIC PARTICIPATION Any citizen is entitled to be heard on an official agenda item when the Town Council calls for public comment OR any matter not on the agenda under the “Public Comments” section. Citizens desiring to address the Town Council shall step up to the microphone at the podium, state their name and address in an audible voice for the record, and, unless the Chair grants additional time, shall limit their address to three (3) minutes. Citizens who wish to address the Council MUST complete a blue public comment card and present it to the Town Clerk before 03-11-24 Town Council Agenda the item is discussed and wait for the Mayor to announce when it is their turn to speak. Likewise, if the public wishes to speak on a matter on the consent agenda, they must complete a blue card and present it to the Town Clerk before the start of the meeting. Americans with Disabilities Act: In accordance with the provisions of the Americans with Disabilities Act (ADA), this document can be made available in an alternate format (large print) upon request. Special accommodations can be provided upon request with three (3) workings days advance notice of any meeting, by contacting Kathleen Dominguez, Town Clerk at Lantana Town Hall, 500 Greynolds Circle, Lantana, Florida, (561) 540-5000. 03-11-24 Town Council Agenda Proclamation Recognizing National Library Week WHEREAS, libraries offer the opportunity for everyone to connect with others, learn new skills, and pursue their passions, no matter where they are on life’s journey; WHEREAS, libraries have long served as trusted institutions, striving to ensure equitable access to information and services for all members of the community regardless of race, ethnicity, creed, ability, orientation, gender identity, or socio-economic status; WHEREAS, libraries adapt to the ever-changing needs of their communities, developing and expanding collections, programs, and services that are as diverse as the populations they serve; WHEREAS, libraries are accessible and inclusive places that promote a sense of local connection, advancing understanding, civic engagement, and shared community goals; WHEREAS, libraries play a pivotal role in economic development by providing resources and support for job seekers, entrepreneurs, and small businesses, thus contributing to local prosperity and growth; WHEREAS, libraries are an essential public good and fundamental institutions in democratic societies, working to improve society, protect the right to education and literacy, and promote the free exchange of information and ideas for all; WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week. NOW, THEREFORE, be it resolved that I, Mayor Lythgoe, proclaim National Library Week, April 7-13, 2024. During this week, I encourage all residents to visit their library and celebrate the adventures and opportunities they unlock for us every day. Ready, Set, Library! IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the Town of Lantana, Florida to be affixed this 11 th day of March 2024. _____________________________ Mayor Karen Lythgoe Attest: _____________________________ Kathleen Dominguez, Town Clerk Proclamation Recognizing Public Safety Telecommunicators Week WHEREAS, thousands of dedicated public safety telecommunications personnel daily serve the nation by answering 9-1-1 calls for police, fire, emergency medical services, and dispatching the appropriate assistance as quickly as possible, and; WHEREAS, the critical functions performed by professional public safety telecommunications personnel also include those related to other governmental agencies providing public safety telecommunications services, and; WHEREAS, professional public safety telecommunications personnel work to enhance the emergency response capabilities of these communications systems through their leadership and participation in training programs and other activities, and; WHEREAS, the second week of April has been designated by the Association of Public- Safety Communications Officers and the National Emergency Number Association to recognize public safety telecommunications personnel for their crucial role in protecting life and property; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Town Council of the Town of Lantana, Florida does hereby recognize the week of April 14 th – 20 th, 2024 as: “PUBLIC SAFETY TELECOMMUNICATORS WEEK” Be it further proclaimed by the Town Council of the Town of Lantana, that this proclamation is duly backed, sealed, and executed and shall be presented to the Lantana Police Department Communications Supervisor representing all of the 9-1-1 telecommunicators responding to emergency calls at the Lantana Police Department. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the Town of Lantana, Florida to be affixed this 11 th day of March, 2024. _________________________ Mayor Karen Lythgoe Attest: __________________________ Town Clerk Proclamation Recognizing Water Conservation Month WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, The State of Florida, Water Management Districts, and Lantana are working together to increase awareness about the importance of water conservation; and WHEREAS, Lantana and the State of Florida have designated April, typically a dry month when water demands are most acute, Florida’s Water Conservation Month, to educate citizens about how they can help save Florida’s precious water resources; and WHEREAS, Lantana has always encouraged and supported water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school, and citizen can make a difference when it comes to conserving water; and WHEREAS, every business, industry, school, and citizen can help by saving water and thus promote a healthy economy and community; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Town Council of the Town of Lantana, Florida do hereby recognize, the month of April as: Water Conservation Month in the Town of Lantana. Florida calling upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the Town of Lantana, Florida to be affixed this 11 th day of March 2024. _____________________________ Mayor Karen Lythgoe Attest: __________________________________ Kathleen Dominguez, Town Clerk Page 1 of 4 TC Mtg Minutes 02-26-24 TOWN OF LANTANA Regular Meeting Minutes February 26, 2024 1. ROLL CALL, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE. Mayor Lythgoe called the regular Town Council meeting to order at 6:00 p.m. in the Council Chambers. Deputy Town Clerk Maria Rios called the roll. All elected officials attended, and a quorum was present. Mayor Lythgoe led a silent prayer followed by the pledge of allegiance. 2. AGENDA APPROVAL: a. Additions, substitutions, deletions. b. Agenda Approval. Motion: Councilmember Mason made a motion to approve the agenda, as submitted. Councilmember Castle seconded the motion. Motion passed 5-0. 3. STAFF AND COMMITTEE REPORTS: a. Town Council Mayor Lythgoe reported that she and Councilmember Mason attended Sue Shearhouse’s funeral on Saturday, and they both attended the Hispanic Voters of Palm Beach County meeting last Wednesday. Councilmember Mason reported on the Lantana Chamber of Commerce’s Leadership Awards Ceremony and encouraged everyone to attend next year’s Leadership Program. b. Town Manager Town Manager Raducci invited everyone to attend the Bonefish Cove Project workshop on Thursday, February 29 th at 5:30 p.m. in the Town Hall Council Chambers. He added that representatives from the Army Corps of Engineers and Palm Beach County will provide an informative presentation and answer questions about the project and its impact on the local waterway. Additionally, he provided a brief update on the FPL streetlight replacement project. Mr. Raducci addressed questions from the Councilmembers. Eddie Crockett, Public Services Director, provided an update on the Filter Media and Water Pump replacement project. He reported that substantial progress was made on the first vessel with completion expected in about three weeks, and work will begin on the second vessel immediately after. He also reported that residents can expect water color improvements upon Page 2 of 4 TC Mtg Minutes 02-26-24 completion of the repairs to the second vessel. Mr. Crockett addressed questions from the Councilmembers. 4. SPECIAL PRESENTATIONS: a. None. 5. APPROVAL OF THE CONSENT AGENDA: a. Approval of the February 12, 2024 Town Council Meeting Minutes. b. Approval of the February 13, 2024 Town Council Workshop Minutes. c. Consideration of a request from the GFWC Casuarina Woman's Club to waive the Lantana Recreation Center rental fees for their Christmas in July Event on July 27, 2024. Motion: Vice Mayor Moorhouse made a motion to approve the consent agenda, as submitted. Councilmember Mason seconded the motion. Motion passed 5-0. 6. ORDINANCES AND RESOLUTIONS: a. None. 7. QUASI-JUDICIAL HEARINGS: a. None. 8. MISCELLANEOUS: a. Consideration of CSA No. 2024-04 with Kimley-Horn and Associates, Inc. authorizing engineering services in the amount of $39,310.00 for the Dixie Hwy Median project. Mayor Lythgoe introduced the above agenda item. Eddie Crockett, Director of Public Services, provided an overview of the agreement. He answered questions from the Councilmembers about the management of traffic flow. There were no public comments. A discussion ensued among the Councilmembers. Motion: Vice Mayor Moorhouse made a motion to approve the CSA No. 2024-04 with Kimley-Horn and Associates, Inc. authorizing engineering services in the amount of $39,310.00 for the Dixie Hwy Median project and authorize the Town Manager to execute any and all documents necessary to effectuate this acquisition. Councilmember Castle seconded the motion. Motion passed 5-0. b. Consideration of awarding a contract to Odyssey Manufacturing Co. to replace the Water Treatment Plant's Sodium Hypochlorite Skid System in the amount of $34,200.00. Mayor Lythgoe introduced the above agenda item. Eddie Crockett, Director of Public Services, provided an overview of the project. He answered questions from the Councilmembers. In response to a question from Vice Mayor Pro Tem Zeitler, Eddie clarified….20 years until another replacement is needed? Page 3 of 4 TC Mtg Minutes 02-26-24 There were no public comments. A discussion ensued among the Councilmembers. Motion: Councilmember Mason made a motion to approve a contract to Odyssey Manufacturing Co. to replace the Water Treatment Plant's Sodium Hypochlorite Skid System in the amount of $34,200.00 and authorize the Town Manager to execute any and all documents necessary to effectuate this acquisition. Vice Mayor Pro Tem Zeitler seconded the motion. Motion passed 5-0. c. Consideration of awarding a contract for Janitorial Services for Public Restrooms and Offices to Jumep Multy Services LLC in the amount of $ 59,620.00. Mayor Lythgoe introduced the above agenda item. Eddie Crockett, Director of Public Services, provided an overview of the services and agreement. He answered questions from the Councilmembers. There were no public comments. There was no discussion ensued among the Councilmembers. Motion: Councilmember Mason made a motion to approve awarding a contract for Janitorial Services for Public Restrooms and Offices to Jumep Multy Services LLC in the amount of $ 59,620.00 and authorize the Town Manager to execute any and all documents necessary to effectuate this acquisition. Councilmember Castle seconded the motion. Motion passed 5-0. d. Consideration of Awarding a contract to Chen Moore and Associates for $121,510.00 for the Development of a Potential Stormwater Utility Fee. Mayor Lythgoe introduced the above agenda item. Town Manager Raducci introduced the project scope and agreement, followed by Brent Whitfield, Civil Engineer from Chen Moore and Associates, who elaborated on the details and answered questions from the Councilmembers. Mr. Whitfield's presentation focused on the specific services covered in the agreement, King Tides and other extreme weather events and their impact on the project's necessity, available grant funding, and how the stormwater utility fees are determined. There were no public comments. A discussion ensued among the Councilmembers. Motion: Councilmember Mason made a motion to approve the contract to Chen Moore and Associates for $121,510.00 for the Development of a Potential Stormwater Utility Fee and authorize the Town Manager to execute any and all documents necessary to effectuate this acquisition. Vice Mayor Moorhouse seconded the motion. Motion passed 5-0. Page 4 of 4 TC Mtg Minutes 02-26-24 9. PUBLIC COMMENTS: Brian Castle, 154 Euclid Blvd., presented a petition from residents requesting improvements to Euclid Path. Rosemary Mourning, 1445 W. Branch St., expressed gratitude for the waived Recreation Center rental fees and inquired if the current Janitorial Services agreement covers the Maddock Park portable restroom. 10. FUTURE EVENTS/IMPORTANT DATES (subject to change): Mayor Lythgoe read the future events and important dates. 11. COUNCIL COMMENTS: Mayor Lythgoe inquired about efforts from the County to synchronize the traffic lights on Lantana and Hypoluxo. Town Manager Raducci responded that he would contact the County regarding the traffic management plan and explore the possibility of a community meeting with County representatives in the future. Mayor Lythgoe also inquired about enforcing "blocking the box" violations at local intersections. Town Manager Raducci responded that he will investigate the feasibility of enforcing "blocking the box" at the specific intersection of Ocean Ave and Dixie Hwy and report back. 12. ADJOURNMENT. The motion was made and carried unanimously. There being no further discussion, the meeting adjourned at 6:44 p.m. _____________________________ Mayor Karen Lythgoe ATTEST: ________________________________ Kathleen Dominguez, CMC, Town Clerk TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 5b PREPARED BY: Kathleen Dominguez, CMC, Town Clerk REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: March 11, 2024 AGENDA ITEM: Consideration of a request from the First Baptist Church of Lantana to open the Lantana Municipal Beach parking lot at 5:00 a.m. and to waive parking fees from 5:00 a.m. to 9:00 a.m. for an Easter Sunrise Service at the Dune Deck Café and Lantana Beach on March 31, 2024. ISSUE/BACKGROUND: The First Baptist Church of Lantana (Church) will be holding their annual Easter Sunrise Service on Sunday, March 31, 2024, at the beach area in front of the Dune Deck Café (Café). The service will begin at 6:00 a.m. and conclude at 6:45 a.m. In order to set up for the service, the Church is requesting the following: Parking lot access: The Church requests the Lantana Police Department to open the parking lot gate by 5:00 a.m. Parking fee waiver: The Church also requests a waiver of the parking fees at the Lantana Municipal Beach parking lot from 5:00 a.m. to 9:00 a.m. While the requested parking duration is longer than previous years (5:30 a.m. to 7:00 a.m.), other details remain consistent with the prior year's request (i.e., service duration of 45 minutes and similar guest numbers). Staff has reviewed the request and has no objections to the extended parking timeframe. ATTACHMENT(S): 1. FBC Lantana Easter Special Event Application 2024.pdf SAMPLE MOTION: I move to (approve) (deny approval of) (approve with conditions) the request by the First Baptist Church of Lantana for Easter Sunrise Service at the Dune Deck Café/ Lantana Beach on Sunday, March 31, 2024, as set forth on the Agenda.

TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 6a PREPARED BY: Eddie Crockett, Public Services Director REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: March 11, 2024 AGENDA ITEM: Consideration of Resolution No. R-03-2024, adopting the Florida Department of Transportation (FDOT) Subordination of Utility Interest. ISSUE/BACKGROUND: In January 2024, the Town was advised by the Florida Department of Transportation (FDOT) that an additional right of way is required to support the upcoming I-95 interchange upgrade project at W Lantana Rd. Specifically, FDOT sent a prepared resolution to the Town for adoption, which is attached for your consideration. The resolution describes the purpose of the proposed action and the exact location of the right-of-way expansion, described as SR NO 9/I-95 at CR 812 Lantana Rd. Additionally, the FDOT provided parcel information and historical easement information relevant to the ongoing project between the Town and them. The staff and the Town Attorney have reviewed the resolution for legal sufficiency, and adoption is recommended. ATTACHMENT(S): 1. Sub of Utility Agreement_Parcel 105-5_Town of Lantana.pdf 2. ROW Map - Parcel 105 only.pdf 3. Utility Easement OR_07738-1256.PDF.pdf 4. Resolution_R-03-2024_-_FDOT_easement_subordination.docx SAMPLE MOTION: I move to (adopt) (deny adoption of) Resolution No. R-03-2024. Page 1 of 4 23-UTL.01-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana, Esq. __________ District Four Assistant General Counsel Legal Description prepared by: Jeffrey D. Smith, P.S.M. (06/20/2023) Parcel No. 105.5 Document prepared by: Item/Segment No. 4132581 Alverene Arjun (09/22/2023) Section: 93530-2525 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R. No. 9/I-95 @ CR 812 3400 W. Commercial Boulevard Lantana Road Fort Lauderdale, Florida 33309 County: Palm Beach SUBORDINATION OF UTILITY INTERESTS THIS AGREEMENT, entered into this _________ day of _________________, 20_____, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the TOWN OF LANTANA, FLORIDA hereinafter called Utility. W I T N E S S E T H: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the FDOT; and WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and FDOT agree as follows: Utility hereby subordinates to the interest of FDOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: A portion of land lying in the Southeast One-Quarter (SE 1/4) of Section 33, Township 44 South, Range 43 East, Palm Beach County, Florida, as shown on Sheet 6 of the Florida Department of Transportation Right of Way Map of County Road 812 (Lantana Road), Item/Segment No. 413258-1, Section 93530-2525, being more particularly described as follows: Commence at the South One-Quarter (S 1/4) of Section 33, Township 44 South, Range 43 East, thence South 88°28'48" East along the Baseline of Survey of said County Road 812 (Lantana Road), a distance of 63.97 feet; thence North 01°31'12" East along a line at a right angle to the previously described course, a distance of 49.75 feet to the Northerly Existing Right of Way line of said County Road 812 (Lantana Road) and the POINT OF BEGINNING; thence North 24°18'22" West, a distance of 29.32 feet; thence Page 2 of 4 South 89°02'17" East, a distance of 352.65 feet; thence North 41°01'44" East, a distance of 22.97 feet; thence North 87°49'47" East, a distance of 9.02 feet to a point on the Westerly Existing Right of Way Line of Andrew Redding Road and to the beginning of a non-tangent curve concave Westerly, having a chord bearing of South 02°12'40" East; thence Southerly along said curve and said Westerly Existing Right of Way line of Andrew Redding Road, having a radius of 691.20 feet, through a central angle of 00°56'52", an arc distance of 11.43 feet to the end of said curve; thence South 01°44'14" East along said Westerly Existing Right of Way Line of Andrew Redding Road, a distance of 16.54 feet; thence South 32°58'49" West, a distance of 35.12 feet to a point on said Northerly Existing Right of Way line of County Road 812 (Lantana Road); thence along said Northerly Existing Right of Way line of County Road 812 (Lantana Road) for the next three (3) courses: (1) North 88°28'48" West, a distance of 59.96 feet; thence (2) North 85°03'19" West, a distance of 163.22 feet; thence (3) North 88°28'48" West, a distance of 123.94 feet to the POINT OF BEGINNING. Containing 12,080 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B. & PG Easement (No: 28928) 06/04/1993 State of Florida Board of Trustees of the Internal Improvement Trust Fund Town of Lantana 7738 / 1256 PROVIDED that the Utility has the following rights: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT’s current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the Utility or require the Utility to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception herein with reimbursement rights. 3. The Utility shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. Page 3 of 4 4. The Utility agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the Utility exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of: (Two witnesses required by Florida Law) OF TRANSPORTATION ____________________________________ BY: ______________________________ Witness Signature: Name: STEVEN C. BRAUN, P.E. District 4 Secretary ____________________________________ Print Witness Name: Attorney approved as to form: ____________________________________ Witness Signature: _________________________________ Name: ELIZABETH S. QUINTANA ____________________________________ Print Witness Name: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ______ physical presence or ______ online notarization, this _________ day of ____________________, 20_____, by STEVEN C. BRAUN, P.E., District 4 Secretary, who is personally known by me or who has produced ___________________ as identification. __________________________________ (SEAL) Notary Public __________________________________ Printed or stamped name of Notary Public My Commission Expires: _____________ Page 4 of 4 IN WITNESS WHEREOF, the Utility has caused these presents to be executed in its name, and its Corporate Seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: (Two witnesses required by Florida Law) TOWN OF LANTANA, FLORIDA ___________________________________ Witness Signature: By: __________________________________ ___________________________________ Print Witness Name: Print Name: ___________________________ Title: ________________________________ ___________________________________ Witness Signature: ___________________________________ Print Witness Name: or, ATTEST by: _________________________, Title: _______________ (Affix Corporate Seal) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ______ physical presence or ______ online notarization, this _____________ day of ________________________, 20______, by ______________________________, as __________________ of the TOWN OF LANTANA, FLORIDA, on behalf of the company, who is personally known to me or who has produced _____________________________ as identification. __________________________________ (SEAL) Notary Public __________________________________ Printed or stamped name of Notary Public My Commission Expires: _____________ 105.5105.3105.4Per Surveyor, Blanket Easement Exist per ORB 8062, Page 1122(NOT SHOWN ON MAP)105.6

RESOLUTION NO. R-03-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, SUBORDINATING CERTAIN EASEMENT RIGHTS TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN ORDER TO FACILITATE THE CONSTRUCTION AND IMPROVEMENT OF I-95 AND LANTANA ROAD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 9/I-95 @ CR 812 Lantana Road, Item/Segment No. 4132581, Section 93530-2525, in Palm Beach County, Florida: and WHEREAS, it is necessary that certain easement rights now owned by the Town of Lantana, Florida, be subordinated to the rights of the State of Florida Department of Transportation; and WHEREAS, said subordination is in the best interest of the Town; and WHEREAS, the State of Florida Department of Transportation has made application to said Town to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation; WHEREAS, the Town Council has determined that adoption of this Resolution and execution of a subordination of utility interest or interests is in the best interest of the health, safety, and welfare of the residents of the Town of Lantana and the public at-large. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, that: Section 1: The Town Council herby accepts and approves the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests and finds that said application is for transportation purposes, which are in the public or community interest and for public welfare; and that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in the Town of Lantana, Florida, should be drawn and executed by this Town Council. Section 2: The Town Council hereby directs the Town Manager to forward forthwith a certified copy of this Resolution to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33009. Resolution No. R-03-2024 Page 2 of 2 Section 3: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED at a regular meeting on this 11 th day of March, 2024. TOWN OF LANTANA ____________________________________ Mayor Karen Lythgoe ATTEST: (SEAL) ______________________________________ Kathleen Dominguez, CMC, TOWN CLERK Approved as to form and legal sufficiency. ____________________________________ R. Max Lohman, TOWN ATTORNEY TOWN OF LANTANA Agenda Item Summary LOCATION ESTIMATED COST Public Services Parking Lot (510 W Pine St) $90,951.50 N Oak St (E Ocean Ave - E Lantana Rd) 27,594.00 Lyndon Dr (Sandpiper Ln - S Broadway) 19,957.50 W Duval St (S 10th Pl - S Arnold Ave) 35,851.50 W Jennings St (S 11th St - S 10th St) 26,149.50 W Jennings St (S Arnold Ave - S Broadway) 22,075.00 W Palm St (N Broadway - N 4th St) 63,607.50 W Perry St (S 12th St - S 10th St) 26,698.50 W Pine St (S 13th St - S Broadway) 99,518.00 W Indies Way (Tradewinds - Sea Pine Way) 84,829.50 W Minnesota St (N Arnold Ave - Dead End) 49,099.50 Palm Beach County Fire Department (bldg. to S Broadway) 8,100.00 TOTAL $554,432.00 AGENDA ITEM No.: 8a PREPARED BY: Eddie Crockett, Public Services Director REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: March 11, 2024 AGENDA ITEM: Consideration of a piggyback contract with M&M Asphalt Maintenance Inc., d/b/a All County Paving through the Palm Beach County School District Solicitation No. 20C-46V for repaving Town roads in an amount not to exceed $554,432.00. ISSUE/BACKGROUND: In 2006, the Town hired Keith and Schnars and in 2008, Mathews Consulting Inc., to develop roadway master plans. Both plans rated Town streets to determine the condition based on rutting, cracking, patching, raveling and subgrade failure. To optimize road conditions in accordance with the Master Plans, staff recommends a combined milling, paving and striping program (if required) for the following roads: Staff is recommending the Town Council award the contract to M&M Asphalt Maintenance Inc., d/b/a All County Paving through a piggyback contract with the School District of Palm Beach County, Florida (on file with the Town Clerk and available for inspection upon request). The total cost for the entire project is not to exceed $554,432.00. The source of the funds will come from the American Rescue Plan Act (ARPA) and will be included in the FY 2023/24 Mid-Year Budget Amendment, if approved. ATTACHMENT(S): 1. 1. MM_All_County_FY24_TOWN_WIDE_PAVING_AGREEMENT_-_2024 (1).docx 2. Exhibit B to M&M Piggyback Agreement 2024.docx SAMPLE MOTION: I move to (approve)(deny approval of) the Piggyback Agreement with M&M Asphalt Maintenance, Inc., d/b/a All County Paving, to re-pave roads Town-wide in the amount of $554,432.00 using funds from the American Rescue Plan Act (ARPA) and to authorize the Town Manager to execute same and any amendments thereto. Page 1 of 2 AGREEMENT Town of Lantana Contractor: M & M Asphalt Maintenance, Inc. Piggy-back Agreement: School District of Palm Beach County Florida Bid Document No. 20C-46V d/b/a All County Paving 1180 SW 10th Street Delray Beach, FL 33444 This Agreement is hereby entered into this _____ day of ________________, 2024, the effective date, by and between M & M Asphalt Maintenance, Inc., a Florida corporation, d/b/a All County Paving (“Contractor”) and the Town of Lantana, Florida, a municipal corporation (“Town”). WITNESSETH: Town and Contractor, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby agree as follows: 1. Town and Contractor hereby enter into this Agreement for the Asphalt Milling, Resurfacing, and Striping pursuant to the Scope of Work attached hereto, at the piggy-backed unit rates and service pricing rates set forth in Palm Beach County School District ITB No. 20C-46V, as extended, the Contractor’s response to same and the contract between the School District of Palm Beach County, Florida, and the Contractor (the “Piggy-back Agreement”). This Agreement will commence on the date first written above and shall continue in full force and effect for a period of one (1) year. 2. All terms of the Agreement are as specifically set forth herein and the Piggy-back Agreement, including all documentation required thereunder as Exhibit “A” and the Scope of Work, as Exhibit “B”, which is the Contractors price schedule for the work contemplated by this Agreement, both exhibits are hereby incorporated herein and made a part hereof. Contractor shall not commence any work pursuant to this Agreement until the Town properly issues a Notice to Proceed, which shall be incorporated herein and made part hereof Exhibit “C”. The parties hereby agree and acknowledge that this two (2) page Agreement, together with Exhibits A, B, and C; including all bonds or insurance documents referencing the “Town of Lantana” pursuant to the Piggy-back Agreement’s requirements, shall constitute the entire Agreement. 3. Notice as required in the Agreement documents shall be sufficient when sent by certified mail, return receipt requested or hand delivered to the parties at the following address: Town: Town of Lantana 500 Greynolds Circle Lantana, Florida 33462 Attention: Nicole Dritz Contractor: M & M Asphalt Maintenance, Inc. 1180 SW 10 th Street Delray Beach, FL 33444 Attention: Kenneth R. Goldberg, President 4. The parties hereby recognize and acknowledge that time is of the essence for the completion of the work described in this Agreement. The parties further agree that all work described herein will be completed within sixty (60) days of issuance of the Notice to Proceed, and that any delay in the completion Page 2 of 2 of the work described herein shall constitute a material breach of this contract. The parties further recognize that the Town will suffer damage and/or financial loss if the work is not timely completed in accordance with the construction schedule set forth in the Notice to Proceed. The parties also recognize the time, expense and difficulties involved in proving in a legal proceeding, the actual losses or damages suffered by the Town if the work is not completed on time. Accordingly, instead of requiring any such proof, the parties agree that Contractor shall pay liquidated damages for delay, but not as a penalty, in the amount of Two Hundred Dollars ($200.00) for each calendar day that expires, beginning with the 61st day following the Town’s issuance of the Notice to Proceed, notwithstanding any proper extension of time granted by the Town. 5. This Agreement and all services contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. Venue for all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida. 6. This Agreement may be terminated by the Town, with or without cause, immediately upon providing written notice to the Contractor. Unless the Contractor is in breach of this Agreement, the Contractor shall be paid for services rendered to the Town’s reasonable satisfaction through the date of termination. 7. This two (2) page Agreement, along with other documents referenced in paragraph 2 above, constitutes the entire Agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. TOWN OF LANTANA M & M ASPHALT MAINTENANCE INC. _______________________________ _____________________________________ Brian K. Raducci, Town Manager Kenneth R. Goldberg, President ATTEST: ______________________________ Kathleen Dominguez, Town Clerk Approved as to Form and Legal sufficiency _______________________________ R. Max Lohman, Town Attorney Exhibit “B” LOCATION ESTIMATED COST Public Services Parking Lot (510 W Pine St) $90,951.50 N Oak St (E Ocean Ave - E Lantana Rd) 27,594.00 Lyndon Dr (Sandpiper Ln - S Broadway) 19,957.50 W Duval St (S 10th Pl - S Arnold Ave) 35,851.50 W Jennings St (S 11th St - S 10th St) 26,149.50 W Jennings St (S Arnold Ave - S Broadway) 22,075.00 W Palm St (N Broadway - N 4th St) 63,607.50 W Perry St (S 12th St - S 10th St) 26,698.50 W Pine St (S 13th St - S Broadway) 99,518.00 W Indies Way (Tradewinds - Sea Pine Way) 84,829.50 W Minnesota St (N Arnold Ave - Dead End) 49,099.50 Palm Beach County Fire Department (bldg. to S Broadway) 8,100.00 TOTAL $554,432.00