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Agenda 07-11-23BOYNTO'' ' = COMMVNITY�IIIIIII' IIP" I' Community Redevelopment Agency Board Meeting Tuesday, July 11, 2023 - 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and GoToWebinar Online Meeting 561-737-3256 AGENDA REVISED 07/06/2023 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 6. Legal A. Ethics TrainingRequirements rnt to CS/HB 199 7. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda 8. Announcements and Awards 9. Public Comments The public comment section of the meeting is for public comment on items on the consent agenda or items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to 1 allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. 10. Consent Agenda A. CRA Financial Report Periodi June 30, 2023 (REVISED / 6/ ) B. Approval of CRA BoardMeeting ie - June 1, 2023 C. Approval of the Second Addendumthe Purchase and Sale Agreement for the Bride Christ Daycare Center at NE 1 Oth Avenue D. Approval of the Commercial Rent Reimbursement Grant Program in the Amount o $15,000 to Hamarnah DDS PLLC d/b/a Dentology General, Cosmetic & Implant Dentistry located in One Boynton at 313 E. Woolbright Road E. Approval of the Commercial Property Improvement Grant Program in the Amount $31,861 to Hamarnah DDS PLLC d/b/aentolo rl, Cosmetic & Implant Dentistry located in One Boynton at 313 E. Woolbright F. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $14,040 to Picnics in Paradiselocated in Casaos at 466 N. Federal Highway 11. CRA Advisory Board A. Pending Assignments 1. Discussion and Consideration of Draft Scope to Amend the 2016 Community Redevelopment Plan B. Reports on Pending Assignments 12. Pulled Consent Agenda Items 13. Old Business A. Discussion and Consideration of the New RFP for the CRA-ownedProperty locate at 401-411 E. Boynton Beach Boulevard B. Update on StatusJoint City/CRA Meetingregarding Draft Scope to Amend the 2016 Community Redevelopment Plan C. Discussion and Consideration of Thirdn to Contract with Lewis, Longman Walker, P.A. ( ) for Legal Services D. Discussion and Consideration of an Update to the BBCRA Travel Policy E. Continued Discussion and Consideration of CRA BoardTravel to the 2023 International Economic Development Council's Annual Conference 14. New Business A. Consideration and Discussion of Fiscal Year 23-2024 Project Fund Budget 2 15. CRA Projects in Progress A. CRA Economic & BusinessDevelopment Grant Program Update (REVISED 07/06/2023) C. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update 16. Future Agenda Items A. Approval of the First Amendment to the Purchase and Development Agreement with Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project - August B. Approval of an Extension Request of the Construction of a Public Plaza per the Purchase and Development Agreement with Ocean One Boynton, LLC for the Ocean One Project - August C. Quarterly Progress Report from BBQOZ, LLC for the 115 N. Federal Highway Mixed Use Project (aka The Pierce) - August D. Annual Progress Report from BBQOZ, LLC for the 115 N. Federal Highway Mixed Use Project (aka The Pierce) - August E. Semi -Annual Progress Report for the Purchase and Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Village Apartments - September F. Semi -Annual Progress Report for the Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Shops - September 17. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 3 10YN10N�RA �E A OII,�00�U'�'h II' �1�' "!1 I1�IU. COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 LEGAL AGENDA ITEM 6.A SUBJECT: Ethics Training Requirements Pursuant to CS/HB 199 SUMMARY: This is an informational item only. Since January 1, 2020, board members of community redevelopment agencies have been required to complete 4 -hours of ethics training each calendar year. This past year, the Legislature adopted CS/HB 199, which amends the title of the statute to reflect that change, and incorporate other changes not relevant to this governing body. Each Board Member of this CRA already undertakes that training pursuant to their role as City Commissioners and Board Members. Thus, no action is required. The training requirement is found in Section 112.3142(2)(c), Florida Statutes: Beginning January 1, 2020, each commissioner of a community redevelopment agency created under part III of chapter 163 must complete 4 hours of ethics training each calendar year which addresses, at a minimum, s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the public records and public meetings laws of this state. This requirement may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar, or presentation, if the required subject material is covered by the class. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. 4 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 ANNOUNCEMENTS AND AWARDS AGENDA ITEM 8.A SUBJECT: Boynton Beach Night Market Announcement SUMMARY: On Saturday, July 29, 2023, from 5:00 p.m. to 10:00 p.m. the BBCRA will host the Boynton Beach Night Market at the Centennial Park & Amphitheater, located at 120 East Ocean Avenue. The free event will feature a variety of Boynton Beach restaurants, retailers, and professional service providers that will be exhibiting their goods and services to event attendees. Attendees will be encouraged to visit local BBCRA area businesses to "glow up" while learning about their services. Information about BBCRA projects and initiatives will be disseminated during the event. The family -friendly event will also feature fun games and activities, live music from the bands School of Rock, JP Soars & The Red Hots, and Making Faces, aerial art performances from Fly & Flow Fitness, and much more. Free parking will be available at the following locations: • Street parking along East Ocean Avenue • City Hall parking lots located on the southeast corner of Boynton Beach Boulevard and Seacrest Boulevard • Parking lots located at 115 N. Federal Highway • First Baptist Boynton, 301 N. Seacrest Boulevard Vendor applications will be accepted through July 14, 2023. Interested individuals can call (561) 600-9096 or email Register@bbfl.us for additional information. Please see Attachment I for the branded promotional poster that will be distributed to businesses throughout the BBCRA area and at City of Boynton Beach municipal buildings. FISCAL IMPACT: FY 2022-2023 Budget, Project Fund, Line Item 02-58500-480 $40,000 for the event and $8,000 for marketing. CRA PLAN/PROJECT/PROGRAM: 5 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description • Night Market Promotional Poster 6 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 CONSENT AGENDA AGENDA ITEM 10.A SUBJECT: CRA Financial Report Period Ending June 30, 2023 07/06/2023) SUMMARY: The back up information below was not available at time of packet publication and will be provided as an updated agenda item prior to the July 11, 2023 Monthly CRA Board Meeting: • Statement of Revenues, • Expenditures and Changes in Fund Balance Report, and • Budget Comparison Schedule - General Fund. FISCAL IMPACT: FY 2022-2023 Annual Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2022-2023 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget reports for the period ending June 30, 2023. ATTACHMENTS: Description • Attachment I - June 2023 Financial Summary 0 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Statement of Revenues, Expenditures and Changes in Fetid Balances REVENUES Tax increment revenue Marina Rent & Fuel Sales Contributions and donations Interest and other income Total revenues EXPENDITURES General government Redevelopment projects Debt service: Principal Interest and other charges Total expenditures Excess (deficiency) of revenues over expenditures OTHER FINANCING SOURCES (USES) Funds Transfers in Funds Transfers out Total other financing sources (uses) Net change in fund balances Fund balances - beginning of year Fund balances - end of year Through Year to Date - June 30, 2023 18,011,972 (14,088,750) (82,068) 3,841,154 14,679,840 2,136,830 Total (16,816,670) Debt Service Governmental General Fund Projects Fund Fund Funds 19,113,241 591,090 2,054,762 19,113,241 1,747,486 14, 874,575 128,392 1,747,486 174,978 556,664 31,005 762,647 21,035,705 556,664 31,005 21,623,374 3,023,733 - - 3,023,733 - 14,645,414 14,645,414 - - 113,073 113,073 3,023,733 14, 645,414 113,073 17, 782,219 18,011,972 (14,088,750) (82,068) 3,841,154 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. The notes to the basic financial statements are an integral part of this statement. I 0 14,679,840 2,136,830 16,816,670 (16,816,670) - (16,816,670) (16,816,670) 14,679,840 2,136,830 - 1,195,302 591,090 2,054,762 3,841,154 3,800,776 14, 874,575 128,392 18, 803,743 4,996,078 15,465,665 2,183,154 22,644,897 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. The notes to the basic financial statements are an integral part of this statement. I 0 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund Through Year to Date - June 30, 2023 The notes to the basic financial statements are an integral part of this statement. 1 i[7 Original Budget Final Budget Actual REVENUES Tax increment revenue $ 18,959,450 $ 18,959,450 19,113,241 Marina Rent & Fuel Sales 1,100,000 1,100,000 1,747,486 Interest and other income - - 174,978 Other financing sources (uses) 500,000 1,557,921 - Total revenues 20,559,450 21,617,371 21,035,705 EXPENDITURES General government 4,800,701 4,800,701 3,023,733 Total expenditures 4,800,701 4,800,701 3,023,733 Excess of revenues over expenditures 15,758,749 16,816,670 18,011,972 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (15,758,749) (16,816,670) (16,816,670) Total other financing sources (uses) (15,758,749) (16,816,670) (16,816,670) Net change in fund balances $ - $ - 1,195,302 Fund balances - beginning of year 3,800,776 Fund balances - end of year 4,996,078 The notes to the basic financial statements are an integral part of this statement. 1 i[7 w J LL U U f6 CD C 0 4� C 0 CO .-I O O O O O O o W Ln o o o o o O O O V O O O O dA O O W m .-I LD W r• C O O r` o0 O r1 O O C .-I " O m W N W W E � Ln LrC Lln(1 m ool OLo Ml N NmO N r -i r• M .--� Ol Ln �In-1 oo LD r• M 00 m u 0 0� W O -i O O m .-I r• O M W N W W zt Ln -zt Ln r4 LD rn m N Lll C vl M W cl N d0 cM-I O vl W ^ LD r• M � � � C c W ' T O O r• M N D r• N O O r1 W O 'z� -I r• O O m ci ri N M u m N v1 W r• N Ln a M Lr r• c0 cl Ol r• .-i N Lo M O 0 N O F u O O LO O O r• O1 M C V N N O V W IM N N Lr W V W O M V1 CP V LO 6l .--i r• oq N Ql N N v1 lD M C r N m C D N IM N O O O O O O O O C to O O O O O O O O C 'O O O O O O O O O OLn O C a 00 D o o r f0 u m 0 O v N Ly W N u C f6 a E u u C W O O O O O O O O C O O O O O O O O C O O O O O O O O C m N In W o v o m o W o m m o o o a m r, z v Ln o W m O W o .-I W N o r` O - .-I N W O m r• to v1 N Ln V o N m m N O .-I r• O r` c 1 14 14 M N 4 4 6 N W 14 r` O r` v7 O r` r• O O m V O Ln m m LD W -;T O o m N4- O W O m O rl c -I rl e -I LO � r1 O LD m m .--1 N .-1 � � � N O O r• N O r1 c-1 O LD O O 't Lq r• O v1 r, ri LO O V 7 c-1 O O O O r• LO O W D1 N O O W W m W O 1 4 t o m W O r• 4 vl W O W N v1 m .-I m r• O O O c -I c -I v) O .-I r• Co v1 W W LD O -q O v) W N v1 N c -I r• O llM N M r• r• W C N V LD Lr 1:1 N lD m W v1 N W C It C e q O Ln .--� .--� N .--i O M .--� N. --i M Ln v1 00 M N r• N N N LD Ill N Ch -zt LD O O -zt c -I c -I m W m LD c LD W O O m W O O O O -zt O a1 v1 lz� N O't N W m D1 v1 vl W c1 c1 O O N m O -i O W c1 O G .-I O .-I O Ln O Ln m O .-I M N In �t N O . 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ATTACHMENTS: Description • Attachment I - June 13, 2023 CRA Board Meeting Minutes 16 Minutes of the Community Redevelopment Agency Board Meeting Held on Tuesday, June 13, 2023 at 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and GoToWebinar Online Meeting Present: Chair Ty Penserga Vice Chair Thomas Turkin Board Member Angela Cruz Board Member Woodrow Hay Board Member Aimee Kelley 1. Call to Order Chair Penserga called the meeting to order at 6:00 P.M. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance Thuy Shutt, Executive Director Tim Tack, Assistant Director Kathryn Rossmell, Board Counsel Tammy Stanzione, Deputy City Clerk Board Member Aimee Kelley led the Pledge of Allegiance to the Flag. 4. Roll Call Ms. Tammy Stanzione, Deputy City Clerk, called the roll. Vice Chair Turkin joined virtually. A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Chair Penserga noted Item 8A should say recap and not announcement since the event occurred. Additionally, he asked the Board if they would like to hear any items from section 15. No Board members wanted to hear any items from section 15. Motion: Board Member Kelley moved to approve the agenda, as amended. Board Member Hay seconded the motion. The motion passed unanimously. 6. Legal Ms. Kathryn Rossmell, Board Counsel, stated there were no updates. 7. Informational Items and Disclosures by Board Members and CRA Staff: 17 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Board Member Kelley had no disclosures. Board Member Hay disclosed he attended the P2P meeting on June 12. He said County Commissioner Bernard was in attendance and turnout was good. Chair Penserga had no disclosures. He stated he attended the Rock the Plaza event, and it was great despite the weather. He also attended the ribbon cutting for Dr. Sally's dental office. Vice Chair Turkin had no disclosures. Board Member Cruz had no disclosures. She also attended the Rock the Plaza and ribbon cutting events. She thanked staff for their hard work. 8. Announcements and Awards A. Recap of Rock the Plaza at One Boynton Ms. Mercedes Coppin, Business Promotions and Event Manager, recapped the event. She noted the event activated One Boynton with live music and entertainment and included 8 Boynton Beach Bucks offers. She said they conducted a ribbon cutting ceremony for Dentology and they disseminated information about BBCRA projects. 9. Public Comments The public comment section of the meeting is for public comment on items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however, the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, please go to the podium or unmute your device when prompted and state your name and address for the record. Chair Penserga opened public comments. No one came forth to speak. No virtual comments. Chair Penserga closed public comments. 10. Consent Agenda A. CRA Financial Report Period Ending May 31, 2023 B. Approval of CRA Board Meeting Minutes - May 9, 2023 C. Approval of the First Amendment to the Purchase and Development Agreement with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue 18 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 D. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $15,000 to Napi Dog Grooming, LLC located at 1406 N. Federal Highway E. Approval of the Commercial Property Improvement Grant Program in the Amount of $35,000 to Napi Dog Grooming LLC located at 1406 N. Federal Highway F. Approval of the Commercial Property Improvement Grant Program in the Amount of $27,250 to Ocean Palm Plaza LLC located at 1550 - 1600 N. Federal Highway Ms. Rossmell asked Chair Penserga if he wanted to open public comments on Consent Agenda items. He noted that is not typical practice, but he is ok with it. Public Comments: Chair Penserga opened public comments. No one came forth to speak. No virtual comments. Chair Penserga closed public comments. 11. Pulled Consent Agenda Items There were no Consent Agenda items pulled. Motion: Board Member Cruz moved to approve the Consent Agenda. Board Member Hay seconded the motion. The motion passed unanimously. 12. CRA Advisory Board A. Pending Assignments 1. Discussion and Consideration of Draft Scope to Amend the 2016 Community Redevelopment Plan Ms. Thuy Shutt, Executive Director, said there was no quorum present at the June 1, 2023, CRAB meeting. The three CRAB Board members opted to discuss the scope informally and concluded they would like more input since it is an important project. Ms. Shutt said there is currently five vacancies on CRAB. She recommended discussing the item under Item 13C or the CRA Board can table the item until the full CRAB Board is appointed and onboarded. Board Member Kelley asked why there was no quorum. Ms. Shutt the sitting Board members were aware they were still in their positions. She said many of the Board members simply could not attend, including the Board Member who would have made it a quorum, but she was sick that night. Board Member Kelley asked about the additional Board members who did not attend. Ms. Shutt said she does not know their personal situations or why they did not attend. She noted that four Board members' terms were up, and it was on the agenda for reappointment. She stated the City Clerk sent a reminder email to all Board members. Ms. Shutt stated that it is the CRA Board's discretion whether to table the item or not until the 19 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 CRAB reappointments occur. Chair Penserga concurs with staff's recommendation. Motion: Board Member Kelley moved to table Item 12A. Board Member Cruz seconded the motion. Public Comments: Chair Penserga opened public comments. Susan Oyer said they should be looking at voter qualification for Boards, so they are active citizens. She recommended a five-year residency with proof to sit on a Board. She said new residents should not be able to sit on a Board because they have no historical knowledge about City projects. She recommended looking at what Delray Beach does. She also said Board Chairs should be based on seniority. She suggested stronger enforcement of the three -absence rule. No virtual comments. Chair Penserga closed public comments. The motion passed unanimously. 13. Old Business A. Quarterly Progress Report from Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project Ms. Shutt introduced the item. Mr. Elliot Goldstein, Pulte Home Company, LLC, joined virtually. Mr. Goldstein provided an update on the project. He said they are in their 120 -day feasibility period and reviewed the development deadlines. He noted they are unable to submit the plat by the 60 days deadline and the purchaser is currently working on the applications. Ms. Shutt said they would like to meet with Pulte to work with the City on the issue. She said if they cannot figure out a solution, they will need to amend the Purchase and Development agreement. She said it is not the developer's fault and they will try to rectify it internally. Chair Penserga asked if it came to an amendment, would it be ready by the next Board meeting. Ms. Shutt replied yes. B. Consideration of Approval of System Audit Reports and Payments Release to Seabourn Cove Holdings LLC for the Properties known as Seabourn Cove — Phase I & Phase Ms. Vicki Hill, CRA Finance Director, introduced the item. She asked for approval of the Phase 1 reimbursement payment of $466,528. She noted the Phase II reimbursement payment is $227,351. Ms. Shutt briefly explained the TIF rebate. 20 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 Nowafflyffm Public Comments: Chair Penserga opened public comments. Susan Oyer spoke about the garbage from this project. No virtual comments. Chair Penserga closed public comments. Motion: Board Member Kelley moved to approve the payment release to Seabourn Cove Holdings LLC for the Properties known as Seabourn Cove in the amount of $$466,528 for Phase I and $227,351. for Phase II. Board Member Hay seconded the motion. The motion passed unanimously. C. Discussion and Consideration of Draft Scope to Amend the 2016 Community Redevelopment Plan (TABLED 05/09/2023) Motion: Board Member Hay moved to remove the item from the table. Vice Chair Turkin seconded the motion. The motion passed unanimously. Ms. Shutt introduced the item. She said they anticipate the process taking a year and include public input. She described the potential role of a consultant. She said the City Attorney noted they may want to host a joint workshop with the Board and the City Commission. Ms. Rossmell explained the benefits of the joint workshop. Board Member Kelley likes the idea of a joint meeting, but it is just a matter of timing. Ms. Shutt recommended said they would likely have to bump a joint workshop past their budget adoption. Chair Penserga does not want to replace a meeting because the work will pile up. He would support a joint workshop. Discussion ensued about scheduling. Board Member Hay does not see a need to bother with the size of the CRA district at this point since they are getting closer to sunsetting in 2044. He wondered about the gain. Ms. Shutt provided examples of projects and spoke about the CRA boundary. Board Member Hay would like to hear more input from CRAB and the public. He is in favor of a joint workshop. Vice Chair Turkin said he is in support of expediating a joint workshop. He does not want to kick the can down the road and wait for the input from CRAB, which has a lot of uncertainty. 21 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 Board Member Cruz said she is open to having a joint workshop. Consensus was reached to direct staff to identify a date for a joint workshop. Ms. Shutt anticipates the meeting would occur in September. D. Discussion and Consideration of the Options for the GRA -awned Property located at 401-411 E. Boynton Beach Boulevard Mr. Tim Tack, Assistant Director, introduced the item. He reviewed the options for site development including Invitation to Bid (ITB), Request for Proposals (RFP), Invitation to Negotiate (ITN), Letter of Interest (LOI), and Public -Private Partnerships (P3s). Board Member Kelley asked if the USPS has anyone interested in going the LOI route. Ms. Shutt said they do not have a development partner in this region. Ms. Shutt said they would like to cast a broader net if they go with an RFP, to include more entities outside of Florida. She said previous proposers could opt to submit another proposal. She stated they can entertain LOls or try more public advertising. Chair Penserga said his preference is an RFP with a pre -submission meeting. He does not want to repeat the mistakes of the past. They need to be clear what the USPS requires and asked for it to incorporated in an RFP. Board Member Kelley agreed about the RFP. Chair Penserga asked when the cone of silence would take effect. Ms. Rossmell said from RFP issuance until a decision is made. Board Member agreed with Chair Penserga and supports an RFP with a pre -submission meeting. Vice Chair Turkin said he is ok with the consensus. Board Member Cruz supports an RFP. Public Comments: Chair Penserga opened public comments. No one came forth to speak. No virtual comments. Chair Penserga closed public comments. Motion: Board Member Cruz moved to approve Option 1 as recommended by CRA staff. Board Member Kelley seconded the motion. The motion passed unanimously. E. Project Update on the Bride of Christ Daycare Center at NE 10th Avenue (TABLED 05/09/2023) 22 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 Motion: Board Member Hay moved to remove the item from the table. Board Member Kelley seconded the motion. The motion passed unanimously. Ms. Shutt provided background on the item. She said the church failed to commence construction by the extension deadline, but they are in process for site plan approval. She said staff received an email today from the church's representative asking or another extension until March 1, 2024 and will agree to amend the contract to remove CRA obligations to pay back development costs. She asked the Board to include a requirement that the church needs to secure financing by November 2023. She clarified they are requesting a March 1, 2024, deadline and not January 16, 2024. Board Member Cruz said she agrees to the amendment of the Purchase Agreement but does know not if she agrees with the March 2024 request. Chair Penserga asked about the March 1, 2024, extension request. Ms. Rossmell said they considered the City's process and timeline during negotiations. Ms. Shutt stated that securing financing is key. Vice Chair Turkin agreed with Board Member Cruz. Discussion ensued about the extension date request. Board Member Hay said he does not want to pay construction costs. He said the church must do their due diligence in meeting the deadlines or the reverter clause should become effective. Board Member Kelley asked for clarification on the proposed November 14, 2023, date for financing. Ms. Shutt explained why they are recommending that date for financing. Board Member Kelley said they need to see some major headway and cannot keep putting this off since a daycare is needed. She stated she is ok with the November financing deadline. Public Comments: Chair Penserga opened public comments. Claude Maxine, from the Bride of Christ church, said they will have financing before March 2024. He stated they are currently working with a bank. Ms. Shutt clarified that the financing needs to be secured by November 14, 2023. Mr. Maxine acknowledged the November financing deadline. Mr. Kyle Malleaux, project engineer, said they met with Planning and Zoning and are working through one last question with the Fire Department. 23 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 Board Member Hay asked if they are where they would like to be on the project to date. Mr. Malleaux said they are still discussing firetruck access with the Fire Department and are awaiting their confirmation on their proposed plan. He said they should then be resubmitting their site plan. Board Member Hay said he wants them to be successful, but they need to do their part. No virtual comments. Chair Penserga closed public comments. Board Member Kelley asked staff to make sure the Bride of Christ is sticking to the deadlines. Board Member Hay agreed and asked staff to ensure Bride of Christ agrees with the deadlines. Motion: Board Member Cruz moved to approve a contract amendment to the Purchase and Sale Agreement with Bride of Christ Board Tabernacle Church to provide a time extension until March 1, 2024, to commence development of the daycare facility and to delete the obligation of the CRA to reimburse the Bride of Christ Church for the improvement costs and development expenses should the Bride of Christ fail to meet the March 1, 2024, deadline. In addition, they must come to the CRA meeting on November 14, 2023, and prove financing and authorize the Board Chair to execute, subject to final legal review. Board Member Hay seconded the motion. The motion passed unanimously. 14. New Business A. Discussion and Consideration of Purchase and Sale Agreement for 413 W. Boynton Beach Boulevard Vice Chair Turkin experienced brief technical difficulties. Ms. Shutt introduced the item. She explained the Board options. Mr. James Bonfiglio, owner, described the property and the current tenants. Board Member Kelley asked about the initial outreach. She expressed concern about forcing tenants out. Ms. Shutt said they send out Letters of Interest to adjacent properties. She said they are not in the business of being a landlord. She said they offer grants for relation to for -profits but not to non -profits. She said one of their preferred terms is to have a vacant property. She noted that Mr. Bonfiglio can work to relocate his tenants, but they cannot fund relocation through the CRA. Mr. Bonfiglio said his non-profit tenant would like to remain in the building after they close but he would be willing to close a few months later to provide more time. Board Member Kelley reiterated her hesitancy. 24 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 Board Member Hay said he does not have a problem with tenant relocation but expressed concern about the offer of 27% over the appraised value. He said he would support this project. Vice Chair Turkin asked about the appraisal value. Ms. Shutt replied that it is appraised at $780,000 and the asking price is $990,000. Vice Chair Turkin said he does not like to pay over asking but recommended a counteroffer of under $900,000. He stated he would like to move forward with the purchase for the right price. Chair Penserga said they do not like to negotiate on the dais and recommended staff negotiate on their behalf. Vice Turkin said he preferred only 12-17% over appraisal. Board Member Cruz said this is not the best time to overpay for the property and it is not fiscally responsible. Chair Penserga said he agrees with Board Member Cruz. He said the 27% is too much and would like staff to negotiate the price. He prefers to give the non-profit enough time to transition and relocate. Mr. Bonfiglio said the non-profit may need until February or March 2024 to find a new location. Board Member Cruz said Holistic Suites recently opened and may be an affordable opportunity for the non-profit. Ms. Shutt clarified the Board direction and next steps with Mr. Bonfiglio. B. Discussion and Consideration of Participating in the National Community Stabilization Trust Program Ms. Shutt introduced the item. She said if the Board wants to participate that they provide specific parameters for the CRA Executive Director. Chair Penserga is very interested in participating. Ms. Vicki Curfman showed a video about the program. Chair Penserga asked about the cost. Ms. Shutt said there are no costs to participate. Board Member Cruz said she likes the idea. Ms. Shutt further explained the process and timeline for any interested properties. She recommended a cap of 10-15% over. Board Member Cruz would support up to 15% over for foreclosures. Vice Chair Turkin said it is great and he supports the 10-15% range. Chair Penserga supports 10-15% range. 25 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 Board Member Hay supports the range. He asked about the duration of the program. Ms. Shutt said they participated in 2013 so they have been around since then. Board Member Kelley asked how many properties are in their area and if anyone else in Boynton Beach has used this program. Ms. Shutt said she does not know who uses it locally but knows the County has. Board Member Kelley asked how Ms. Shutt would report back on interested properties. Ms. Shutt replied that they can provide quarterly reports based on remaining acquisition money. Public Comments: Chair Penserga opened public comments. No one came forth to speak. No virtual comments. Chair Penserga closed public comments. Motion: Board Member Hay motioned to approve participation in the National Community Stabilization Trust Program, with the parameter of no greater than 15% of the appraised value for the purchase price and regular quarterly reports, subject to legal review. Board Member Cruz seconded the motion. The motion passed unanimously. C. Discussion and Consideration of CRA Board Travel to the 2023 International Economic Development Council's Annual Conference Ms. Shutt introduced the item and provided conference details. She said the CRA can reimburse if the Board books their own travel. She asked the Board to contact Ms. Curfman with interest and coordination of travel. 15. CRA Projects in Progress A. Art Walk Event Recap B. CRA Economic & Business Development Grant Program Update C. Social Media & Print Marketing Update D. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update 16. Future Agenda Items A. Consideration and Discussion of Fiscal Year 2023-2024 Project Fund Budget -July B. Semi -Annual Progress Report for the Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Shops - July C. Semi -Annual Progress Report for the Purchase and Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Village Apartments — July D. Discussion and Consideration of Interlocal Agreement between the City of Boynton Beach and the CRA in Preparation for Pirate Fest — July 26 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 17. Adjournment Board Member Kelley moved to adjourn. Board Member Cruz seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:21 P.M. �ammy Stanzne,M � Deputy City 'Jerk 27 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 CONSENT AGENDA AGENDA ITEM 10.0 SUBJECT: Approval of the Second Addendum to the Purchase and Sale Agreement for the Bride of Christ Daycare Center at NE 10th Avenue SUMMARY: At the June 13, 2023 CRA Board meeting the Board approved the time extension for the Bride of Christ Tabernacle Church (BoC) to commence construction of a forty (40) child daycare facility by March 1, 2024, subject to the following (see Attachments 1-11): 1. The property will be reconveyed to the CRA if the BoC fails to commence construction by the March 1, 2024, deadline and the CRA will only be responsible to reimburse the BoC for the purchase price; 2. The BoC is required to provide proof of financing approval no less than 30 days prior to the November 14, 2023 CRA board meeting; and, 3. The BoC will attend the November CRA board meeting to give an update on the permitting and construction status. The BoC has agreed to the requirements and has executed the attached Second Addendum to the Purchase and Sale Agreement (see Attachment III). CRA Board approval is requested for the project to continue through the development review process. FISCAL IMPACT: To be determined by the Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Second Addendum to the Purchase and Sale Agreement with the Bride of Christ Tabernacle Church (BoC). ATTACHMENTS: Description • Attachment I - Property Map • Attachment 11 - June 13, 2023 CRA Board Meeting Minutes re: Approval of Extension Until March 2024 Attachment III - Second Addendum to Purchase and Sale Agreement 0 M Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 Board Member Cruz said she is open to having a joint workshop. Consensus was reached to direct staff to identify a date for a joint workshop. Ms. Shutt anticipates the meeting would occur in September. D. Discussion and Consideration of the Options for the GRA -awned Property located at 401-411 E. Boynton Beach Boulevard Mr. Tim Tack, Assistant Director, introduced the item. He reviewed the options for site development including Invitation to Bid (ITB), Request for Proposals (RFP), Invitation to Negotiate (ITN), Letter of Interest (LOI), and Public -Private Partnerships (P3s). Board Member Kelley asked if the USPS has anyone interested in going the LOI route. Ms. Shutt said they do not have a development partner in this region. Ms. Shutt said they would like to cast a broader net if they go with an RFP, to include more entities outside of Florida. She said previous proposers could opt to submit another proposal. She stated they can entertain LOls or try more public advertising. Chair Penserga said his preference is an RFP with a pre -submission meeting. He does not want to repeat the mistakes of the past. They need to be clear what the USPS requires and asked for it to incorporated in an RFP. Board Member Kelley agreed about the RFP. Chair Penserga asked when the cone of silence would take effect. Ms. Rossmell said from RFP issuance until a decision is made. Board Member agreed with Chair Penserga and supports an RFP with a pre -submission meeting. Vice Chair Turkin said he is ok with the consensus. Board Member Cruz supports an RFP. Public Comments: Chair Penserga opened public comments. No one came forth to speak. No virtual comments. Chair Penserga closed public comments. Motion: Board Member Cruz moved to approve Option 1 as recommended by CRA staff. Board Member Kelley seconded the motion. The motion passed unanimously. E. Project Update on the Bride of Christ Daycare Center at NE 10th Avenue (TABLED 05/09/2023) 31 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 Motion: Board Member Hay moved to remove the item from the table. Board Member Kelley seconded the motion. The motion passed unanimously. Ms. Shutt provided background on the item. She said the church failed to commence construction by the extension deadline, but they are in process for site plan approval. She said staff received an email today from the church's representative asking or another extension until March 1, 2024 and will agree to amend the contract to remove CRA obligations to pay back development costs. She asked the Board to include a requirement that the church needs to secure financing by November 2023. She clarified they are requesting a March 1, 2024, deadline and not January 16, 2024. Board Member Cruz said she agrees to the amendment of the Purchase Agreement but does know not if she agrees with the March 2024 request. Chair Penserga asked about the March 1, 2024, extension request. Ms. Rossmell said they considered the City's process and timeline during negotiations. Ms. Shutt stated that securing financing is key. Vice Chair Turkin agreed with Board Member Cruz. Discussion ensued about the extension date request. Board Member Hay said he does not want to pay construction costs. He said the church must do their due diligence in meeting the deadlines or the reverter clause should become effective. Board Member Kelley asked for clarification on the proposed November 14, 2023, date for financing. Ms. Shutt explained why they are recommending that date for financing. Board Member Kelley said they need to see some major headway and cannot keep putting this off since a daycare is needed. She stated she is ok with the November financing deadline. Public Comments: Chair Penserga opened public comments. Claude Maxine, from the Bride of Christ church, said they will have financing before March 2024. He stated they are currently working with a bank. Ms. Shutt clarified that the financing needs to be secured by November 14, 2023. Mr. Maxine acknowledged the November financing deadline. Mr. Kyle Malleaux, project engineer, said they met with Planning and Zoning and are working through one last question with the Fire Department. 32 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 Board Member Hay asked if they are where they would like to be on the project to date. Mr. Malleaux said they are still discussing firetruck access with the Fire Department and are awaiting their confirmation on their proposed plan. He said they should then be resubmitting their site plan. Board Member Hay said he wants them to be successful, but they need to do their part. No virtual comments. Chair Penserga closed public comments. Board Member Kelley asked staff to make sure the Bride of Christ is sticking to the deadlines. Board Member Hay agreed and asked staff to ensure Bride of Christ agrees with the deadlines. Motion: Board Member Cruz moved to approve a contract amendment to the Purchase and Sale Agreement with Bride of Christ Board Tabernacle Church to provide a time extension until March 1, 2024, to commence development of the daycare facility and to delete the obligation of the CRA to reimburse the Bride of Christ Church for the improvement costs and development expenses should the Bride of Christ fail to meet the March 1, 2024, deadline. In addition, they must come to the CRA meeting on November 14, 2023, and prove financing and authorize the Board Chair to execute, subject to final legal review. Board Member Hay seconded the motion. The motion passed unanimously. 14. New Business A. Discussion and Consideration of Purchase and Sale Agreement for 413 W. Boynton Beach Boulevard Vice Chair Turkin experienced brief technical difficulties. Ms. Shutt introduced the item. She explained the Board options. Mr. James Bonfiglio, owner, described the property and the current tenants. Board Member Kelley asked about the initial outreach. She expressed concern about forcing tenants out. Ms. Shutt said they send out Letters of Interest to adjacent properties. She said they are not in the business of being a landlord. She said they offer grants for relation to for -profits but not to non -profits. She said one of their preferred terms is to have a vacant property. She noted that Mr. Bonfiglio can work to relocate his tenants, but they cannot fund relocation through the CRA. Mr. Bonfiglio said his non-profit tenant would like to remain in the building after they close but he would be willing to close a few months later to provide more time. Board Member Kelley reiterated her hesitancy. 33 Re: Seller(s): Boynton Beach Conniliunity Redevelopment Agency Buyer(s): Bride ol'ChristTabernacle, Inc. Property: 11CN#08-43-45-21-27-001-0260 Legal [,of 26, Block 1, Roberts Addition, less the south 10 lect fior road, Plat Book 1, page 123, public Description: Records of'Pahn Beach County, Florida The parties hereby agree to amend the purchase and Sale Agreement as follows: 1. Paragraph 19 is hereby further amended to read as follows: 19. PROPERTY RENER,rER CII The deed of conveyance shall contain a reverter clause that shall run Nvith the Property, requiring the Property to be reconveyed to SELLER by quit claim (feed should PURCHASER default in not commencing construction of the forty (40) child dayeare facility as described in the plans and correspondence submitted to SELLER and incorporated hereby by this reference, on or before March 1, 2024, unless otherwise agreed to in writing by both Parties. In such event, the Purchase Price set forth above shall be reimbursed to PURCHASER. All required permitting shall be pursued with reasonable diligence and Purchaser agrees to attend Seller's November, 2023, meeting to update the Board oil permitting and construction status. Further, PURCII agrees to submit proof of financing approval for the Project to SELLER not less than thirty (30) days prior to the November Board Meeting. To carry out the terms of this paragraph, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit "B". The provisions of this paragraph shall survive closing. Addendum supersedes contract. The provisions of this addendum are made a part of the sul�fcct Purchase and Sale Agreement, and shall supersede, govern and control all contract provisions in conflict therewith. A facsimile ('Tax") copy of the Agreement or this addendum and any signatures hercon shall be considered for all purposes as originals. This Agreement and/or addendum may be executed in several cotinterparts, each of which shall be construed as an original, but all of which shall constitute one inStrUrnent, References herein to "Seller" and "Buyer." shall include singular or plural as context so requires or admits. Bride of Christ Tabernacle, Inc. (Buyer) By: Its: Date: Boynton Beach Community Redevelopment Agency (Seller) fly: . . . . ............... . . . ..... . ........ . ...... .. Its: Date: DoubleTime 34 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 CONSENT AGENDA AGENDA ITEM 10.1) SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $15,000 to Hamarnah DDS PLLC d/b/a Dentology General, Cosmetic & Implant Dentistry located in One Boynton at 313 E. Woolbright Road SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Hamarnah DDS PLLC d/b/a Dentology General, Cosmetic & Implant Dentistry located in One Boynton at 313 E. Woolbright Road, Boynton Beach, FL 33435 (see Attachments 1-11). Dentology is proud to offer an extensive list of quality dental services to the residents of Boynton Beach and surrounding areas. Whether you need routine teeth cleaning or prompt emergency dental services, their team is here to help promote and maintaining your optimal oral health. As a medical office, Dentology employs five team members ranging from the primary doctor, office manager, dental assistants and hygienist. Under the terms of their Landlord -Tenant Lease Agreement, the base rent to be paid by the applicant is $3,600 per month (see Attachment III). Dentology qualifies as a Tier II business (as specified in the grant application) and would received reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,250 per month for a 12 -month period, whichever is less. If approved, Dentology would be reimbursed in the amount of $1,250/month for a period of 12 months or a total grant amount of $15,000 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2022-2023 Budget, Project Fund, Line Item 02-58400-444, $15,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan 35 Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $15,000 to Hamarnah DDS PLLC d/b/a Dentology General, Cosmetic & Implant Dentistry located in One Boynton at 313 E. Woolbright Road. ATTACHMENTS: Description • Attachment I - Commercial Rent Reimbursement Grant Application • Attachment II - Location Map Attachment III - Lease BOYNTO "BEACH CRA October 1, 2022 — September 30, 2023 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation or expansion. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials � ` Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 37 Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials 4 Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 38 Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials', Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 39 • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Religion -Affiliated Retail Stores • Non-profit organizations • Check Cashing Stores • Kava Tea Bars • Adult Entertainment • Adult Arcades • Alcohol and/or Drug Rehabilitation Centers/Housing • Massage/Personal Services • Auto Services Facilities — repair, storage, sales, etc • CBD Retail Stores, etc. • Convenience Store • Churches/places of worship • Medical Research Centers/Housing • Tattoo Shops / Body Piercing / Body Art Shops • Liquor Stores • Vapor Cigarette, E Cigarette Stores • Pawn Shops • Any other use that the BBCRA staff or BBCRA Board determine will not support the redevelopment of the BBCRA Area Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in 12 monthly payments). Initials 4 Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 40 Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in 12 monthly payments). Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design — home furnishings, art galleries, kitchen wares • Accounting Offices • Real Estate Offices • Marketing Offices • Fitness Centers • Specialty Businesses — stationary, gifts, sporting goods • Take-out Foods • Clothing Boutique — clothing, shoes & accessories • Law Offices • Hair/Nail Salons (no more than 2 approvals per fiscal year) • Medical Offices • Insurance Offices • Laundry/Dry Cleaner facility • Florists (no more than 2 approvals per fiscal year) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease at the time of Board approval. The commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Initials Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 41 • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachera.com. All Initials�t-f Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 42 applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-served basis. Application packets must include the following documentation: 1. A non-refundable fee of $100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce your business to the BBCRA Board. 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). 6. Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners of a new business. 9. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 10. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 11. Completed and signed application (attached). 12. Authorization to perform credit check for the business and each principal/owner of the business (attached). 13. W9 Form and Vendor Application (attached). C-1, Initials — - Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 43 Approval of Funding Request All re uired ap lication documentation must be submitted no later than noon two weeks prior to the second Tuesda _of theµ month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initialsry wry Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 44 In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If a licant does not submit its month) reimbursement rer uest within 30 days following the end of the next month in which a� licant is re uestin reimbursement ap licant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9of15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 45 BUSINESS INFORMATION: Business Name (and d/b/a if applicable): Current Business Address ...... Fed I D#:._w .., _.... Business Phone Number: IU ,. " Fax: Website. Existing Business: Yes No _..__ Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes m"=° ._M.M.M.M._,_...... No Do you have an executed lease agreement: Yes No If so, monthly base rent:. aww s Address ew usmes Square footage of current location: ." Square footage of new location: ...._ Type of Business ,'rry �, . �, �rwti ,,,'�' (� �. Z ...., I �� ' u^ C ��'� ° "r ...,.14A:14' '` - _ Number of Employees: mm Hours of Operation: m m _ p ... Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue, 4`" Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 46 APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) lz� u 1. Principal/Owner Name: .. Date of Birth: ,. Email:._w �..., ..._ w. Residential Address: " .. ,wax. .. . "... ........._....... ......................... .... _ ....... 2. Principal/Owner Name:. w...._.Hw Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: _....._._ Cell Phone Number: 4, Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 47 e"' BOYN mwwBE1A0C1-1,�j,CRA N011`111�11`111. COMMUNITY REDEVELOPMENTAGENCY Are you applying for grant assistance tinder any other program offered by the BBCRA? Yes fro If yes, what additional programs are you applying for: ... ....... — . - I L ( v CC, Are you receiving grant assistance under any other governmental agencies: Yes No If yes, list any additional grant sources and amounts: Landtlord Narne, Lan(flord's Ma0ing Address: � � � � � � �.w� � �; �� .w.� � � � � ��r.., ��1�c,� �.. �„ � � c...�� :.� ? ..i ��-- � � c °�:;1. . , �� _ � � � Com" Lanftrd's Phone Number: .3 3 C) For ipu.wirposes of this certification and waiver of privacy, the term "I" refers to the applicant and to aH signatohes below individually. By signing below, each signatory represents and confirms that he or, she is authorized to sign on behalf of the applicant(s), 1, the urdersfined applicant(s), certify that all information presented in this application, and all of the inforrnation furnished in support of the application, is given for the purpose of obtaining a grant Under 1he Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Prograrn, and it is true and complete to the best of my knowledge and belief. i further certify that I arra aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 112 of 15 Rent Reimbursement 100 East Ocean Avenue, 41" Floor, Boynton Beach, Ft. 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.cot-n APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 49 , �0 . .. . ..... I�W 1011 Mwpt� BOYNTO BEACH COAWUNITY RF.DE-,VEL(,)?ME1qT,AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: '2 2,oZ Princ -ip-a-1/-0,wn—er's-S' i-g—natureDate 2. 0 4. Printed Mame Title Principal/Owner's Signature Date Printed Name Title Principal/Owner's Signature Date . . . . . . .......... Printed Name Title Principal/Owner's Signature Printed Name Date Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF V COUNTY OF 2- BEFORE d take acknowledgements, personally appeared personally known to me or producedidentification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOIG, 1,,hae set my hand and officia a[ in the tat, an Coun aforesaid on this day of RY PUBLIC My Commission Expires: A,%% THERMUnERIMCK T. COMMISSION 8 M 2212N Page 14 of 15 W M EXPIRE& F*Wuwy 5. 2026 Rent Reimbursement .... 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435- lone: 090 K, -9()90 www.boyntonbeachcra.com 50 BOYNTO Siia'.d, EAC ' COMMUNf1Y REDEVELOPMENT AGENCY 1� LANLORD INFORMATION 06/21/23 La dlord's Signature uate Joseph Valane Assistant Secretary of 1351 South Federal (FL) Owner LLC Printed Name Title 2. Landlord's Signature Date Printed Name i we Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF Illinois COUNTY OF Cook BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appearedwho is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of �°� �� ... LAKECIA A. STANFORD TARY PUBLIC OFFICIAL SEAL My Commission Expires: 6 2Z 12� Notary Public _ State of Illinois My Commission Expires May 22, 2024 Page 15 of 15 Rent Reimbursement 100 East Ocean Avenue, 4`h Floor, Boynton Beach, FL 33435 - Phone: (561) 600 - 9090 www.boyntonbeachcra.com 51 6/5/23, 4:00 PM PAPA Maps DOROTHYJACKS H °� ,Y. n.,r.v�„ Wo vrhe« why roe , V""I eu+ https://maps. co. pal m-beach.fl. us/cwgis/papa. htm I?gval ue=08434528450020000 1 /52 . DocuSign Envelope ID: 2FA4A62D-24EF-4FE0-A807-6B0667C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 Lease, dated 5/31/2022 1 9:47:45 AM CDT (the "Effective Date"), between 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company, herein called "Landlord", and HAMARNAH DDS PLLC, a Florida professional limited liability company, herein called "Tenant". In consideration of the mutual covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Landlord and Tenant agree with each other as follows: ARTICLE 1: BASIC LEASE PROVISIONS AND DEFINED TERMS Section 1.01. Basic Lease Provisions. Wherever used in this Lease, the following terms shall have the meanings provided for in this Section. Shopping Center: The land, building(s) and other improvements owned by or leased to Landlord, known as One Boynton and more particularly depicted on Exhibit A. Premises: Unit No. 313/315 consisting of approximately one thousand eight hundred (1,800) total square feet in the Shopping Center, as approximately depicted on Exhibit A. Landlord's Address for Notices: 1351 South Federal (FL) Owner LLC c/o ShopCore Properties, L.P. Attention: Legal Department Two Liberty Place 50 S. 16th Street, Suite 3325 Philadelphia, Pennsylvania 19102 Phone: 215-330-4201 Landlord's phone numbers are provided for informational purposes only and notices shall not be delivered via phone. Landlord's Rent Payment Address: The address set forth below or such other address established by Landlord by the delivery of written notice thereof to Tenant. Make Checks Payable to: BCORE MF One Boynton Holdings LLC Via USPS or Overnight Delivery: BCORE MF One Boynton Holdings LLC c/o ShopCore Properties, L.P. 10920 Via Frontera, Suite 220 _.San Diego, California 92127 Via Wire: Wells Fargo Bank, N.A. 420 Montgomery Street San Francisco, California 94104 ABA #122000496 Account #4940566441 Tenant's Name and Billingl Hamarnah DDS PLLC Notice Address: c/o Sally Hamarnah 3203 Renaissance Way Boynton Beach, Florida 33426-8829 Mobile: 561-317-7191 Email: sally.hamarnah@gmilI.com Tenant's Trade Name: Dentoiogy, General and Cosmetic Dentistry Guarantor: Tamer Tim Dyab and Sally Hamarnah 3203 Renaissance Way Boynton Beach, Florida 33426-8829 Tamer Mobile: 407-902-7701 Sally Mobile: 561-317-7191 Tamer Email: Deyablo@hotmail.com Sally Email: sally.hamarnah@gmall.com Permitted Use: Tenant shall use and operate the Premises solely for the purpose of a general dentistry practice, including orthodontics, Invisalign, root canals, cosmetic dentistry, endodontics, laser dentistry, teeth whitening, dentures (the "Permitted Uses") and all activities ancillary thereto and for no other purpose whatsoever. Exclusive Use: Provided Tenant is not in default under this Lease beyond applicable notice and grace periods, and so long as Tenant is open and operating and is engaged in a business in strict accordance with the Permitted Use, and has not assigned this Lease or sublet the Premises unless pursuant L( SHOPCORE PPDREaua 53 DocuSign Envelope ID: 2FA4A62D-24EF-4FE0-A807-6B0661 C1 7062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 $4,051.50 per month during the seventh (7'h) Lease Year, based on $27.01 per square foot, per annum. $4,173.00 per month during the eighth (8'h) Lease Year, based on $27.82 per square foot, per annum. $4,299.00 per month during the ninth (9'h) Lease Year, based on $28.66 per square foot, per annum. $4,428,00 per month during the tenth (10'h) Lease Year, based on $29.52 per square foot, per annum. Sales Tax: Tenant shall pay Florida and local sales tax on all amount of Rent which is currently six and one half percent (6.5%). Option Terms: There shall be two (2) Option Terms of five (5) Lease Years each. Exercise of Option Terms: Tenant must notify Landlord of its election to exercise each Option Term by written notice given no later than nine (9) months prior to the last day of the then current Lease Term. Option Terms Minimum Annual Rent: The Minimum Annual Rent for each Option Term shall be Fair Market Rent (no less than the rate of Minimum Annual Rent in effect as of the expiration of the then -current Lease Term]. "Fair Market Rent" shall be based upon the annual minimum rental rates then being charged in the Shopping Center for comparable space and for a lease term commencing on or about the commencement date of the Option Term and equal in duration to the Option Term, taking into consideration the Lease terms, the creditworthiness and quality of Tenant; and any other relevant term or condition in making such evaluation, as reasonably determined by Landlord. In no event, however, shall the Fair Market Rent be less than the rate of Minimum Annual Rent in effect as of the expiration of the then -current Lease Term. Promptly after Tenant's exercise of each Option Term, Landlord shall notify Tenant in writing of Landlord's determination of Fair Market Rent for the Option Term. In the event Tenant objects in writing to Landlord's determination of the Fair Market Rent for the Option Term, Landlord and Tenant shall attempt to agree upon such Fair Market Rent using their good -faith efforts. If Landlord and Tenant fail to reach agreement within (� SHOPCORE 54 to the applicable terms of this Lease, Landlord agrees, during such period that Tenant is so in compliance with the foregoing, that Landlord will not lease space in the Shopping Center, as existing as of the Effective Date, to a tenant or occupant whose primary use shall be the general practice of dentistry, however, such exclusive shall not prohibit any practice conducted by Lease Term: Endodontists, Periodontists, Oral Surgeons, Pedodontists, or Orthodontists (herein "Competing Tenant"). The Lease Term of ten (10) Lease Years (hereinafter defined) beginning on the Commencement Date, and any renewal or extension thereof. Commencement Date: The Commencement Date of the Lease Term shall be the earlier of (i) opening of the Premises for business to the public, or (ii) one hundred eighty (180) days after the later to occur of (a) Landlord's delivery of the Premises to Tenant with all Landlord's Work complete, or (ii) Tenant's receipt of all required permits for Tenant's Work, provided that Tenant shall comply with all timellnes pursuant to this Lease for the application of such permits and subsequent to application diligently pursues such permits (the "Fixturing Period"), provided, however, that in the event that Tenant does not comply with all timelines pursuant to Lease for the application of such permits and subsequent to application diligently pursues such permits, the Commencement Date shall be the earlier of (i) opening of the Premises for business to the public, or (ii) one hundred eighty (180) days after Landlord's delivery of the Premises to Tenant with all Landlord's Work complete. Possession Date: The date Landlord makes the Premises available to Tenant. Tenant shall take possession of the Premises on the Possession Date. Expiration Date: The last day of the final calendar month of the Lease Term, unless sooner terminated or otherwise extended pursuant to the terms of this Lease. Minimum Annual Rent: $3,600.00 per month during the first (151) Lease Year through and including the third (31) Lease Year, based on $24.00 per square foot, per annum. $3,708.00 per month during the fourth (4'h) Lease Year, based on $24.72 per square foot, per annum. $3,819.24 per month during the fifth (5th) Lease Year, based on $25.46 per square foot, per annum. $3,934.50 per month during the sixth (61h) Lease Year, based on $26.23 per square foot, per annum. $4,051.50 per month during the seventh (7'h) Lease Year, based on $27.01 per square foot, per annum. $4,173.00 per month during the eighth (8'h) Lease Year, based on $27.82 per square foot, per annum. $4,299.00 per month during the ninth (9'h) Lease Year, based on $28.66 per square foot, per annum. $4,428,00 per month during the tenth (10'h) Lease Year, based on $29.52 per square foot, per annum. Sales Tax: Tenant shall pay Florida and local sales tax on all amount of Rent which is currently six and one half percent (6.5%). Option Terms: There shall be two (2) Option Terms of five (5) Lease Years each. Exercise of Option Terms: Tenant must notify Landlord of its election to exercise each Option Term by written notice given no later than nine (9) months prior to the last day of the then current Lease Term. Option Terms Minimum Annual Rent: The Minimum Annual Rent for each Option Term shall be Fair Market Rent (no less than the rate of Minimum Annual Rent in effect as of the expiration of the then -current Lease Term]. "Fair Market Rent" shall be based upon the annual minimum rental rates then being charged in the Shopping Center for comparable space and for a lease term commencing on or about the commencement date of the Option Term and equal in duration to the Option Term, taking into consideration the Lease terms, the creditworthiness and quality of Tenant; and any other relevant term or condition in making such evaluation, as reasonably determined by Landlord. In no event, however, shall the Fair Market Rent be less than the rate of Minimum Annual Rent in effect as of the expiration of the then -current Lease Term. Promptly after Tenant's exercise of each Option Term, Landlord shall notify Tenant in writing of Landlord's determination of Fair Market Rent for the Option Term. In the event Tenant objects in writing to Landlord's determination of the Fair Market Rent for the Option Term, Landlord and Tenant shall attempt to agree upon such Fair Market Rent using their good -faith efforts. If Landlord and Tenant fail to reach agreement within (� SHOPCORE 54 uocu5ign tnvelope II7; 2FMA62D-24EF-4FE0-A807-660661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 ten (10) business days (the "Outside Agreement Date") following Tenant's objection to such Fair Market Rent, then the Fair Market Rent for the Option Term shall be determined as follows: (a) Within ten (10) business days thereafter, each party, at its own cost and by giving notice to the other party, shall appoint a real estate appraiser with at least five (5) years full-time commercial real estate appraisal experience in the area of the Premises to appraise and set the Fair Market Rent for the Option Term. If a party does not appoint an appraiser within ten (10) business days after the other party has given notice of the name of its appraiser as stated above, the single appraiser appointed shall be the sole appraiser and shall reasonably set the Fair Market Rent for the Option Term. If there are two appraisers appointed by the parties as stated above, the appraisers shall meet within ten (10) business days after the second appraiser has been appointed and attempt to set the Fair Market Rent for the Option Term. If the two (2) appraisers are unable to agree on such Fair Market Rent within thirty (30) days after the second appraiser has been appointed, they shall, within ten (10) business days after the last day the two (2) appraisers were to have set such Fair Market Rental Rate, select a third appraiser meeting the qualifications stated above. No appraiser shall have been previously employed by, or otherwise be engaged in business with or affiliated with, Landlord or Tenant. (b) Within thirty (30) days after the selection of the third appraiser, the third appraiser shall determine which of the party appointed appraisers' opinion of Fair Market Rent for the Option Term is closest to the Fair Market Rent for the Option Term as determined by such third appraiser and such closest opinion shall thereupon be the Fair Market Rent for the first year of the Option Term. The cost of appointing the third appraiser and of paying the third appraiser's fee shall be paid by the party whose appraisers opinion of Fair Market Rental for the Option Term was not selected by the third appraiser. Estimate of Real Estate Taxes: $3.32 per square foot, per annum Estimate of Operating Costs: $5.70 per square foot, per annum Estimate of Insurance Charge: $0,94 per square foot, per annum Security Deposit: $5,425.11 Rent Deposit: $5,425.11 Construction Allowance: $50.00 per square foot of the Premises Tenant's request for payment of the Construction Allowance must be delivered to Landlord at the following address: 1351 South Federal (FL) Owner LLC c/o ShopCore Properties, L.P. Attention: Tenant Construction Coordinator 233 S. Wacker Drive, Suite 4700 Chicago, Illinois 60606 Phone: 858-613-1800 Landlord's phone numbers are provided for informational purposes only and notices shall not be delivered via phone. Brokers: On Behalf of Landlord: Katz and Associates On Behalf of Tenant: None Section 1,02. Defined Terms. Wherever used in this Lease, the following terms shall have the meanings provided for in this Section 1,02, Additional Insureds: 1351 South Federal (FL) Owner LLC, BCORE MF One Boynton Holdings LLC, ShopCore Properties, L.P., and LivCor LLC. Additional Rent: In addition to Minimum Annual Rent and Percentage Rent, if any, all other payments to be made by Tenant to Landlord pursuant to the terms of this Lease. Additional Rent Commencement Date: The Commencement Date. Authority: All federal, state and local governmental or quasi -governmental authorities having jurisdiction over the Shopping Center (each an "Authority", more than one being "Authorities"). Construction Criteria: The Landlord's requirements governing the completion of Tenant's Work (including, without limitation, public utility authority or commission) and any other work to the Premises to be completed by Tenant in accordance with the terms of this Lease, Defauit Interest Rate: The lesser of: (i) fifteen percent (15%) per annum, or (ii) the highest lawful annual interest rate permitted under applicable Law. SHOPCORE PADP[PI I-5 55 uuk;uoiyn ciiveiope iu: 6rA4A(iZU-�'4tr-4t-LU-AdUl-63066lCl7062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 Electronic Copies: Any signatures to this Lease transmitted by facsimile or via e-mail in a ".pdf format Excluded Items: The costs of Tenant's movable fixtures and equipment, design and architectural fees, Interior and exterior signage, inventory and all other costs customarily known as "soft costs". Fiscal Year: The fiscal year for the Shopping Center established by Landlord from time to time. GLA: The gross leasable area of the Premises and/or other buildings within the Shopping Center, as applicable, which shall be measured from the outside of exterior walls and from the center of interior walls. Landlord's Work: As defined in Exhibit 13 attached hereto, if any. Late Payment(s): Any payment not paid within five (5) business days after its due date set forth in this Lease. Late Fee: The lesser of: (i) five percent (5%) for each dollar past due or (ii) the maximum late fee permitted under applicable Law. Law(s): Any reference in this Lease to "law", compliance with "law", or any variation thereof, shall mean all federal, state and local laws, rules, regulations, ordinances, codes, guidelines, judgments and orders and all requirements of any Authorities, in effect or hereafter amended, enacted or passed during the Lease Term, including, without limitation, the Americans with Disabilities Act. Lease Year: The twelve (12) consecutive calendar months commencing with the first day of the first full calendar month of the Lease Term, and thereafter with each succeeding anniversary thereof; provided, however, if the Commencement Date is other than the first day of a calendar month, then the first Lease Year shall include the partial month from the Commencement Date through the end of the month in which the Commencement Date occurs, Major Tenant: Any tenant using or occupying more than seven thousand five hundred (7,500) square feet, Maximum DeductiblelRetention Amount: Ten Thousand and 00/100 Dollars ($10,000.00). Radius Area: A two (2) mile radius from the outside boundary of the Shopping Center, which distance shall be measured in a straight line without reference to road mileage. Rent: The Minimum Annual Rent, Percentage Rent, if any, and Additional Rent. All Rent shall be pro -rated on a per diem basis for any partial month during the Lease Term. All Rent shall be paid to Landlord's Rent payment address set forth in Section 1.01 or at such other place designated in writing by Landlord. Tenant shall note any identifying information requested by Landlord on all checks delivered in payment of Rent. All Rent shall be paid without any deduction, abatement or setoff whatsoever. Tenant's Share: The percentage used to determine Tenant's pro rata share of the Real Estate Taxes, Operating Costs and Insurance Charge (collectively, "Triple Net Charges"), which is a fraction, the numerator of which is the number of square feet of leasable area within the Premises and the denominator of which is the number of square feet of leasable floor area within the Shopping Center, whether leased, vacant or occupied, subject to adjustment as provided herein. Tenant's payment of Tenant's Share of Triple Net Charges shall be paid in equal monthly installments simultaneously with the Minimum Annual Rent payable hereunder. The foregoing amounts shall be adjusted annually at the end of each Fiscal Year, which adjustment shall be based upon Landlord's estimation of the then current Triple Net Charges and Tenant's Share thereof. During the Term, Tenant's Share of Triple Net Charges shall not be less than the estimates set forth in Section 1.01. Within one hundred eighty (180) days after the appropriate taxing authorities notify Landlord of the Real Estate Taxes due for such Fiscal Year, or within one hundred eighty (180) days after the end of the Fiscal Year in the case of Operating Costs and Insurance Charge, Landlord shall provide Tenant with a statement of the prior Fiscal Year's Real Estate Taxes, Operating Costs, and Insurance Charge (each, a "Reconciliation Statement"),which shall include a statement of the total deposits Tenant made toward such Fiscal Year's Triple Net Charges and the total share of the actual Triple Net Charges. There shall be an appropriate adjustment made between Landlord and Tenant based thereon. If such adjustment shows a balance due to Landlord, such balance shall be payable by Tenant within ten (10) days after delivery of any Reconciliation Statement; if such adjustment shows a balance due to Tenant, then Tenant shall have a credit against the next payments of Minimum Annual Rent due Landlord in the amount of the balance due (or such shall be paid within thirty (30) days after its determination if after the Expiration Date), in either case after first deducting therefrom any due and outstanding Rent then owed to Landlord. The foregoing shall survive the Expiration Date. At any time throughout the Lease Term, Landlord shall have the right to recalculate Landlord's estimate of Triple Net Charges due from Tenant pursuant to the terms of this Lease, but no more than twice per Lease Year, and Tenant's Share of Triple Net Charges shall be adjusted accordingly. Notwithstanding anything contained in this Lease to the contrary, prior to calculating Triple Net Charges, Landlord shall have the right to exclude from the Shopping Center, and the denominator used to calculate Tenant's Share, the square footage of any portions thereof that are: (i) owned, leased or occupied by parties that are separately taxed or self -maintain all or any portion within the Shopping Center; (ii) the square footage of Major Tenants; (iii) electric charging stations and rooftop facilities (including, but not limited to cellular communications, solar generation, etc.) ; and (iv) such other areas that in Landlord's reasonable opinion may be customarily excluded from such calculation. Tenant's Work: As defined in Exhibit B attached hereto. Unamortized Allowance: The Unamortized Allowance is calculated by amortizing the actual amount of the Construction Allowance disbursed by Landlord on straight-line basis over the Lease Term using a rate of five percent (5%), and the Unamortized Allowance shall be established as of the date of termination of this Lease. Unamortized Commissions: The Unamortized Commissions shall be calculated by amortizing the actual amount of the fees and commissions paid by Landlord to Broker(s) on a self-liquidating mortgage style basis over the Lease Term using a rate of five percent (5%), and the Unamortized Commissions shall be established as of the date of termination of this Lease. ARTICLE 2: PREMISES Section 2.01. Premises. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the CSHOPCORE PRoPrRri. s 56 ��uaryn Crrveiope w: zwA4AtizU-z4EF-4FE0-A807-6B0661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 Lease Tenn, excepting and reserving to Landlord the roof, any space above the finished ceiling and below the finished floor of the Premises, the exterior walls, and the land upon which the Premises is located. Section 2.02. Condition of the Premises. Tenant acknowledges that it is familiar with the Premises and except as specifically set forth herein to the contrary, there is no work of any sort to be performed by Landlord and no representation or warranty by Landlord as to the fitness of the Premises, or any equipment servicing the Premises, or as to any use permitted herein. Landlord and Tenant hereby agree to observe and comply with the provisions set forth in Exhibit IS attached hereto with respect to any Landlord's Work and/or Tenant's Work. Landlord and Tenant shall each comply with all Laws applicable to the completion of their respective work obligations. Section 2.03. Surrender of the Premises. At the Expiration Date, Tenant shall quit and surrender exclusive possession of the Premises to Landlord, in "broom clean" condition and in the same condition as the Premises were in upon the Commencement Date, reasonable wear and tear excepted, and shall surrender all keys for the Premises to the Shopping Center's property manager and advise the property manager of the combination to all locks, safes and vaults. Any alterations, additions, improvements and fixtures paid for by Tenant or installed by Tenant upon the interior or exterior of the Premises (whether or not approved by Landlord), other than unattached moveable trade fixtures, decorations, Tenant's signage and Tenant's other personal' property, shall become the property of Landlord on the Expiration Date. Tenant shall not leave any personal property In the Premises upon the Expiration Date, and all such personal property shall be removed by Tenant. At the Expiration Date, Tenant shall remove all of its exterior signs from the storefront, fascia and/or canopy and shall repair all damage caused by the initial installation and subsequent removal of such signage to like -new condition. Tenant's obligation to observe or perform the covenants contained in this Section shall survive the Expiration Date. Section 2.04. Medical Facilities. (a) No X-ray machines or other electrical or electronic or electromagnetic or other similar or dissimilar medical equipment or machines or devices now existing or hereafter invented shall be installed or used in the Premises unless installed completely at Tenant's sole cost and expense, in accordance with all the terms and conditions of this Lease, including, without limitation, rules and regulations and requirements of the local board of fire underwriters, the local fire insurance exchange and all federal, state and municipal governmental and quasi -governmental Authorities having jurisdiction thereof, and, not unless the same is properly electrically filtered and insulated so that there is no interference in the Premises with telephonic, video, fiber optic, data processing, radio, television or other similar or dissimilar communication, transmission or reception whether now existing or hereafter invented. All walls, ceilings, floors and doors of any room used for examination, diagnosis, testing, or therapy shall be properly shielded and shall comply with all rules, regulations, ordinances and other requirements from time to time in effect whether now or in the future of any and all Laws having jurisdiction thereof. (b) Tenant covenants and agrees not to suffer, allow or permit any offensive or obnoxious vibration, noise, odor or other undesirable effect to emanate from the Premises, or any machine or other installation therein, or otherwise suffer, allow or permit the same to constitute a disturbance to occupants of the building. (c) Tenant covenants and agrees that Tenant's medical equipment does not need extraordinarily high voltage and the existing electrical system will be sufficient voltage for its equipment. Tenant further covenants and agrees that Tenant's medical equipment does not need special plumbing requirements and the existing plumbing system will not overburden Landlord's plumbing system capacity. (d) Tenant shall not install in the Premises any heavy equipment (i.e., x-ray machines) without written consent from Landlord, (e) Tenant covenants and agrees that the storage, handling, removal and disposal of all medical waste matter at or from the Premises shall be done in compliance with all applicable laws and/or legal requirements now or hereafter existing and shall be performed by Tenant at Tenant's sole cost and expense, (f) Tenant shall carry liability insurance that covers claims resulting from medical waste storage or disposal naming Landlord, its affiliates and/or managers as additional insured, Tenant shall also carry employer's liability insurance naming Landlord, its affiliates and/or managers as additional insured. (g) Tenant represents that it is and will, at all times during the Term, be licensed to conduct the business contemplated and carried on in the Premises pursuant to the use set forth in Article 1 of this Lease and Tenant agrees to maintain at all times, at its sole cost and expense, all requisite permits and/or licenses in connection therewith. (h) Tenant shall use reasonable efforts to prevent its patients from loitering in the Common Areas. in the event patient loitering becomes a problem in Landlord's reasonable opinion, and Tenant cannot resolve said problem, Tenant at Tenant's sole cost and expense, shall employ a security officer to patrol the Common Areas. (€) Tenant covenants and agrees that it will (a) not allow or permit any patient to reside in or remain in the Premises on an overnight or Inpatient basis, and (b) be open for business only during Tenant's lousiness hours. Section 2.05. Construction Allowance. As an inducement to the execution and delivery of this Lease and the performance by Tenant of all obligations hereunder, Landlord agrees to pay to Tenant, in consideration therefor, to be applied only toward the cost of the build -out of leasehold improvements (specifically excluding the costs of the Excluded Items) in an amount up to the Construction Allowance within forty five (45) days following the date that Tenant opens for business; provided however, that the following conditions are fully satisfied: (a) Tenant is not In default of its obligations under this Lease; (b) Tenant's Work has been completed in strict accordance with plans and specifications approved in writing by Landlord; (c) Tenant is open for business and has paid the first installment of Rent; (d) The Premises, including all installations therein, are free and clear of all liens, security Interests, charges and encumbrances and there are no judgments, levies, attachments, liens or tax liens pending (or threatened) or in effect with respect to Tenant and/or the Premises; (e) Tenant submits the following completed documentation to the Tenant project manager at the address set forth in Section 1.01 within forty five (45) days following the completion of Tenant's Work. Tenant shall supply either originals or recordable counterparts of the following documents: (1) a Tenant Affidavit in the form attached hereto as Exhibit C; (li) Tenant's General Contractor's Application for Payment and Lien Waiver; (€i€) Tenant's Subcontractors'/Materialmen's Lien Waiver (to be submitted for each and every subcontractor with aggregate requisitions in excess of $3,000); (iv) Final and Unconditional Certificate of Occupancy; (v) any necessary approvals for Tenant's lawful operation for its Permitted Use (e.g. liquor license, health certificate, etc.), as determined by Landlord's construction manager; (vi) proof satisfactory to Landlord of the cost to Tenant of the build -out of leasehold improvements (specifically excluding the costs of the Excluded Items); (vi€) Tenant's Form W-9; (viii) Affidavit of Tenant's General Contractor listing all subcontractors and material suppliers and amounts owed to each; and (ix) copy of Tenant's insurance certificates required by the terms of this Lease. CL SHOPCORE P 4 1 PER11_S 57 DocuSign Envelope ID: 2FA4A62D-24EF-4FE0-A807-6B0661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 If Tenant owes any monies to Landlord under this Lease when Landlord is obligated to pay the Construction Allowance to Tenant, then Landlord may deduct those monies owed to Landlord by Tenant from the Construction Allowance. If Tenant has not satisfied all conditions for payment of the Construction Allowance within two hundred seventy (270) days after the Commencement Date then, as of such day, Tenant waives any and all rights to the payment of the Construction Allowance, notwithstanding anything contained in this Lease to the contrary. Section 2.06.Radon. -Radon is.a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it overtime, Levels of radon that exceed Federal and State Guidelines have been found in buildings in Florida, Additional information regarding radon and radon testing may be obtained from your county health department. Section 2,07. Storm Shutters. In the event Tenant modifies or alters the storefront, Tenant shall be required to either (a) Install and maintain NOA approved hurricane glass and framing for all exterior windows and glass doors of the Premises, or (b) possess and maintain at the Premises at all times during the Term aluminum storm and security shutters for all exterior windows and glass doors of the Premises ("Storm Shutters"). In the event Tenant replaces any glass of the Premises or installs Storm Shutters, Tenant shall perform the Tenant Work in accordance with the standards set forth above in (a) above andlor or the construction criteria set forth in this Lease. Notwithstanding anything in this Lease to the contrary, Tenant shall indemnify and hold Landlord harmless with respect to all loss or damage that may occur to the Premises, the Shopping Center, or any adjacent property and improvements, or personal property contained therein, arising out of or resulting from Tenant's failure to comply with the provisions of this paragraph. Tenant's indemnification obligation in this Section shall survive the termination or earlier expiration of this Lease. ARTICLE 3: LEASE TERM Section 3.01. Lease Term. The Lease Term shall commence on the Commencement Date and shall expire at 11:59 P.M, on the Expiration Date, unless sooner terminated pursuant to the provisions hereof. Tenant's obligation to pay (i) Minimum Annual Rent shall commence on the Commencement Date, and (ii) Additional Rent and all other components of Rent shall commence on the Additional Rent Commencement Date. Although Rent does not commence until the applicable date(s) identified in this Section, the parties hereby acknowledge and agree that all other rights and obligations of the parties commence as of the Effective Date. Landlord shall not under any circumstances be subject to any liability whatsoever to Tenant, and Tenant shall not under any circumstances be entitled to rescind or terminate this Lease, for any delay in Landlord's delivery of the Premises to Tenant, Within ten (10) days after Landlord's written request, Tenant shall execute and return to Landlord the Commencement Date Agreement attached hereto as Exhibit D. Section 3.02. Holding Over, Tenant shall not have the right to remain in possession of the Premises after the Expiration Date. If Tenant remains in possession of the Premises thereafter, such possession shall be a default under this Lease and Tenant shall be deemed a holdover tenant on the following terms and conditions: Tenant's holdover Rent shall be equal to one hundred fifty percent (150%) of the Minimum Annual Rent due during the final month of the Lease Term, plus all Additional Rent due in accordance with the terms of the Lease calculated on a per diem basis; Tenant shall be fully obligated to perform all Tenant obligations contained in this Lease; Landlord shall not be obligated or liable to Tenant for any failure to perform under the Lease; any co -tenancy rights, exclusive use rights and/or use restrictions applicable to Landlord's leasing of premises in the Shopping Center shall not apply; and Tenant shall not be deemed a "month-to-month" tenant and shall be considered a tenant at sufferance. If Tenant has remained in possession of the Premises after the Expiration Date, Tenant shall vacate and surrender the Premises to Landlord within three (3) days after written notice to Tenant. The provisions of this Section shall survive the Expiration Date. Section 3.03. Option to Extend the Lease Term. Provided that Tenant is open and operating a business at the Premises in compliance with the Permitted Use, has not assigned or sublet the Premises except to a Landlord approved assignee, and Tenant is not in default under this Lease, Tenant shall have the right and option to extend the Lease Term upon the same terms and conditions, except that (i) Rent shall be as set forth in Section 1.01, and (ii) Tenant shall have no further option to extend the Lease Term beyond the Option Term(s) provided for in Section 1,01. Tenant shall exercise its right and option to extend the Lease Term by serving written notice upon Landlord of its election to exercise said option as provided in Section 1.01 under Exercise of Option Term. Time is of the essence in exercising any option. Section 3.04. Early Termination. In the event of death or "permanent disability" (hereinafter defined) of Sally Hamarnah, and if, as a result of such death or permanent disability, Tenant "discontinues the operation of its business," then Tenant, Tenant's representative, or Tenant's estate as the case may be shall have the option (the "Special Termination Option") to terminate this Lease, subject to and in accordance with the following terms and conditions: (a) If Tenant elects to exercise the Special Termination Option, Tenant, its authorized representative or Tenant's estate, shall give Landlord written notice ("Tenant Notice") of such election not later than sixty (60) days after the date on which Tenant discontinues the operation of its business; (b) Tenant must vacate the Premises and deliver possession thereof to Landlord on or before the date (the "Termination Date") set forth In Tenant's Notice (or, if such date falls on any day other than the last day of a month, the Termination Date shall be the last day of the month during which such date falls), which Termination Date shall not be less than one hundred and twenty (120) days after the date that Landlord receives Tenant's Notice; and (c) Tenant must not be in default under this Lease either on the date that Tenant exercises the Special Termination Option or, unless waived in writing by Landlord, on the Termination Date, (d) Tenant shall pay to Landlord the Unamortized Allowance and Unamortized Commissions at least thirty (30) days before the Termination Date. If Tenant properly and timely exercises the Special Termination Option, this Lease shall be terminated effective as of the Termination Date, and all Rent payable under this Lease shall be paid through and apportioned as of the Termination Date. Neither Landlord nor Tenant shall have any rights, estates, liabilities, or obligations accruing underthis Lease after the Termination Date, except such rights and obligations which, by the provisions of this Lease, expressly survive the expiration or termination of the Term of this Lease. The Special Termination Option shall automatically terminate and become null and void upon the earliest to occur of the (i) the termination of Tenant's right to possession of the Premises; (ii) the assignment of this Lease by Tenant, in whole or in part; (iii) the sublease by Tenant of all or any part of the Premises; or (iv) the failure of Tenant to timely or properly exercise the Special Termination Option. For purposes of this provision: C 5HOPCOFArPSRRE 58 DocuSign Envelope ID: 2FA4A620-24EF-4FE0-A807-6B066lC17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 (a) The term "permanent disability" shall mean the physical or mental inability of Sally Hamarnah to perform normal business functions as a result of an illness or injury which inability Is reasonably anticipated to continue throughout the remainder of the Term. Permanent disability must be proven by Tenant, or Its authorized representative, to the reasonable satisfaction of Landlord, by delivery to Landlord of affidavits from at least one licensed independent medical doctor practicing in the area of specialty which enables such doctor to properly diagnose the condition causing the permanent disability. Death must be proven by verification to Landlord's reasonable satisfaction. (b) Tenant shall be deemed to "discontinue the operation of its business" only if it completely ceases operations and does not continue operations in a reorganized firm or through any of its affiliates. ARTICLE 4: RENT Section 4.01. Minimum Annual Rent. Tenant hereby covenants and agrees to pay to Landlord the Minimum Annual Rent, without any prior demand therefor and without any offset, abatement or deduction whatsoever, in equal monthly installments on or before the first day of each month during the Lease Term, in advance. The Rent Deposit, if any, is due and payable simultaneously with Tenant's execution of this Lease, and will be credited to the first full monthly installment of Rent coming due under this Lease. Section 4.02, intentionally Deleted. Section 4.03. Intentionally Deleted. Section 4.04. Radius. During the Lease Term neither Tenant, nor Tenant's management, nor any person or entity controlled by Tenant, or controlling. Tenant, or controlled'by the same person or entity or persons or entities who control Tenant, or any officer or director of Tenant, shall directly or indirectly, own, operate, be employed in, direct or serve any other place of business, which is (i) the same, or similar to, or competitive with, Tenant's business as set forth herein, (ii) within the Radius Area and (iii) not open and operating as of the date of this Lease. In the event that Tenant shall violate the provisions hereof, the Minimum Annual Rent shall automatically increase by twenty percent (20%). Section 4.05. Additional Rent. Additional Rent shall be due and payable upon the earlier of ten (10) days after demand is made therefor or together with the next succeeding installment of Minimum Annual Rent. Landlord shall have the same remedies for failure to pay Additional Rent as for a non-payment of Minimum Annual Rent, Tenant's obligation to pay any and all Rent under this Lease, and Landlord's and Tenant's obligation to make the adjustments referred to in this Lease, shall survive the Expiration Date. Tenant shall have one hundred eighty (180) days from the receipt of any Reconciliation Statement from Landlord within which to object to such statement in whole or in part, after which time Tenant shall be deemed to have waived any right to make any claims against Landlord for any errors not disputed within such one hundred eighty (180) day period. Additionally, with respect to all other Rent payments, Tenant shall be deemed to have waived the right to dispute any matter relating to Tenant's obligation to pay such other Rent payments, unless Tenant provides written notice of any such dispute to Landlord within one hundred eighty (180) days after the date Tenant receives Landlord's billing statement setting forth the exact amount of such Rent charge. Section 4.06. Returned Check Fees, Late Payments and Default Interest. If any check from Tenant delivered in full or partial payment of any amounts due hereunder is not honored because of insufficient funds, uncollected funds, or any other reason, then Tenant shall pay to Landlord an administrative charge of Seventy Five and 001100 Dollars ($75.00) per dishonored check and, at Landlord's option, all subsequent payments due from Tenant hereunder shall be made by certified check or money order. In the event of a Late Payment by Tenant, a Late Fee along with interest thereon at the Default Interest Rate shall become immediately due to Landlord, as liquidated damages for Tenant's failure to make timely payment and shall be Additional Rent payable together with the next installment of Minimum Annual Rent. Section 4.07. Trash Removal. (a) Unless included in Operating Costs, Tenant shall directly pay the cost of removal of garbage or refuse generated from the Premises, and if Landlord shall provide or designate a service for picking up refuse and garbage, then Tenant shall use such service at Tenant's expense. If not provided by the designated waste removal service provider, Tenant is responsible, at Tenant's sole cost and expense, for providing a trash dumpster for Tenant's Premises, the size and location to be subject to Landlord's approval. Landlord may also determine the time or times for collection of waste generated at the Premises. (b) Tenant shall comply with all Laws respecting the storage and removal of garbage and refuse. Further, Tenant shall comply with Landlord's recycling policy, if any, as part of Landlord's sustainability practices where it may be more stringent than applicable law, including, if applicable, Landlord's policy on separating types of garbage and use of different containers. If Landlord supplies a common dumpster for use by Tenant and other tenants, Tenant shall use such dumpster only for the types of garbage and refuse authorized by Landlord (prohibiting, by way of example only, the disposal of Hazardous Materials in such dumpster. Upon Landlord's request, Tenant shall provide waste manifests for all waste that left the Premises under Tenant's control or at Tenant's direction during the preceding twelve (12) month period, including, without limitation, off-site paper shredding and electronic waste; such manifests will be in the form used by Tenant in the ordinary course of its business (but in all events in such form and substance as may be required by Law). Section 4.08. Payment by Third Party. In no event shall Landlord's acceptance of the payment of Rent from any party other than Tenant constitute a release of Tenant's primary obligations under this Lease or Landlord's acceptance of any other party as an assignee or sublessee of Tenant, regardless of the number of payments accepted by Landlord or the length of time that said party made such payments. Sectlon 4.49. Security Deposit. Tenant herewith deposits with Landlord the Security Deposit, as security for the full and faithful performance by Tenant of Tenant's obligations under this Lease. If Tenant is in default hereunder, Landlord may use, apply or retain the whole or any part of the Security Deposit for the payment of (i) any Rent that is past due, (ii) any sum expended by Landlord on Tenant's behalf in accordance with the provisions of this Lease, and (iii) any sum which Landlord may expend or be required to expend by reason of Tenant's default, including any costs, damages or deficiency in the re -letting of the Premises as hereinafter provided. If the Security Deposit, or any part thereof, be appropriated and applied by Landlord pursuant to the terms hereof, Tenant shall, within seven (7) days of the sending by Landlord of a written demand, remit to Landlord as Additional Rent an amount sufficient to restore the Security Deposit to its original balance, and Tenant's failure so to remit shall be an immediate monetary default without additional notice required. In the event that Tenant shall fully and faithfully comply with all of the provisions of this Lease and the following is in compliance with applicable Law, the Security Deposit, or any balance thereof, shall be returned to Tenant within thirty (30) days after the later of (i) the Expiration Date, (ii) the date upon which Tenant has vacated the Premises, and (iii) Tenant's payment of Rent payable to Landlord, if any, after Landlord's delivery to Tenant of a Reconciliation Statement C( SHOPCORE pRrprmas 59 rine,sinn Fnvelnne in. 9Faaa F7fL9GFF-AFFn-agn7-r PInRR9C17ngg DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 for the Fiscal Year in which the Expiration Date occurs. In the event of a transfer of Landlord's interest in the Premises, Landlord shall have the right to transfer the Security Deposit to the transferee thereof, In such event, Landlord shall be deemed released by Tenant from all liability for the return of such Security Deposit, and Tenant agrees to look solely to such transferee for the return of said Security Deposit. ARTICLE 5: REAL ESTATE TAXES Section 5.01. Real Estate Taxes, From and after the Additional Rent Commencement Date, Tenant shall pay, as Additional Rent, Tenant's Share of Real Estate Taxes, (a) "Real Estate Taxes" shall mean all taxes, possessory interest taxes, government property lease excise taxes, personal property taxes, excise taxes, levies, license and permit fees, payments in lieu of taxes and assessments, both ad valorem and non -ad valorem, levied, assessed or imposed at any time by any Authorities, upon or against all or a portion of the land and/or buildings in the Shopping Center of which the Premises forms a part, including site impact fees, water drainage and/or solid waste disposal levies and assessments, if any, and any new tax in replacement of or in addition to Real Estate Taxes. Real Estate Taxes shall include carbon taxes, fees, charges and assessment levied against Landlord or Shopping Center related to the consumption of energy. (b) Subject to the terms set forth in the definition of Tenant's Share, any Reconciliation Statement to be furnished by Landlord shall constitute a prima facie determination as between Landlord and Tenant of Real Estate Taxes for the periods represented thereby. (c) At any time throughout the Lease Term, Landlord shall have the right to recalculate the estimated Real Estate Taxes due from Tenant, which computations shall be an estimate based upon the most recent annual statements of Real Estate Taxes and Tenant's Share of Real Estate Taxes shall be adjusted accordingly. Tenant's obligation to pay any and all Additional Rent under this Lease and Landlord's and Tenant's obligation to make the adjustments referred to in this subsection, shall survive the Expiration Date. Landlord may contest any and all Real Estate Taxes and/or Landlord may retain a tax consultant and/or legal counsel for the purpose of obtaining and maintaining the most reasonable attainable Real Estate Taxes upon the Shopping Center. All of the costs of contesting any taxes and all of the out -of -pockets fees and costs paid by Landlord for such services, including without limitation the costs of tax counsel, shalt be included in Real Estate Taxes prior to the calculation of Tenant's Share thereof and shall be Additional Rent. Section 5.02. Taxes on Leasehold and Rentals. Tenant shall be responsible for, and shall pay before delinquency, all taxes assessed during, from and after the date of this Lease against any leasehold interest or improvements, decorations, alterations, fixtures and/or personal property of any kind owned by or placed in, upon or about the Premises by Tenant, whether such taxes are assessed against Landlord or Tenant. In addition, Tenant shall pay any and all taxes assessed by any Authorities with jurisdiction over the Premises, whether now in place or hereafter levied or assessed, that are applicable to rentals or any other payments or charges payable by Tenant to Landlord specified in this Lease. Said tax payment shall be paid to Landlord with and when the applicable rental or charge is due, Said tax shall be at the legally prevailing rate. Section 5.03. Personal Property Tax. Personal property tax is payable to the State of Florida based upon the value of the personal property located within the Premises. Tenant is required to annually file all personal property tax returns and/or forms to the applicable Authorities and shall promptly pay all required personal property taxes associated with the Premises when due. ARTICLE 6: COMMON AREAS Section 6.01, License. Notwithstanding anything to the contrary herein contained, the Common Areas are to be used and occupied under a revocable, non-exclusive license, and if any such license be revoked, or if the amount of such areas be diminished or their locations changed, Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such revocation or diminution of such areas be deemed a constructive or actual eviction. Section 6.02. Control of the Shopping Center and the Common Areas by Landlord. (a) Ali parking areas, sidewalks, access roads and facilities furnished, made available or maintained by Landlord in or near the Shopping Center, including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multi -story parking facilities (if any), package pickup stations, elevators, escalators, pedestrian sidewalks, malls, courts and ramps, landscaped areas, roofs, retaining walls, stairways, bus,stops, lighting facilities, sanitary systems, utility lines, water filtration and treatment facilities and the areas and improvements provided by Landlord for the general use in common of tenants and others in the Shopping Center and their customers (all herein called "Common Areas") shall at all times be subject to the exclusive control and management of Landlord. (b) The purpose of the site plan attached hereto as Exhibit A is to show the approximate location of the Premises and is not to be deemed. to be a warranty, representation or agreement on the part of Landlord that the Shopping Center will be exactly as depicted thereon or that tenants depicted thereon (if any) are now in occupancy or will be in occupancy at any time during the Lease Term. Landlord shall have the right from time to time to: change, add to or subtract from, include in or exclude from the GLA of the Shopping Center any buildings, separately assessed parcels, non -retail office space, separately maintained parcels, separately owned parcels and premises; change, add to or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common Areas; retain revenue from income producing events in the Common Areas; install electric car charging stations for use by guests of the Shopping Center; designate areas of the Common Areas as limited Common Areas for the use by only some tenants and their agents, employees and/or customers and/or exclusive Common Areas for the use only by a specific tenant and its agents, employees and/or customers; restrict parking by Tenant's officers, agents and employees, to designated areas; close all or any portion of said areas or facilities to such extent as may, in the opinion of Landlord's counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; and do and perform such other acts in and to said Common Areas as Landlord in its sole discretion deems advisable for the use thereof by tenants and their customers. Landlord will operate and maintain the Common Areas In such a manner as Landlord, in its sole, but reasonable, discretion, shall determine from time to time. Section 6.03. Operating Costs. From and after the Additional Rent Commencement Date, Tenant shall pay, as Additional Rent, to Landlord, an amount equal to Tenant's Share of the "Operating Costs. "Operating Costs" shall mean and Include all costs and expenses of every kind and nature as may be paid or incurred directly, or through an operating and easement agreement or other encumbrances upon the Shopping Center, in operating, owning, policing, managing, equipping, landscaping, lighting, repairing, renovating, modifying, replacing and maintaining the Shopping Center and Common Areas, including sustainability management services and all costs of analyzing, applying, reporting, auditing, and commissioning the'5hopping Center of any part thereof to seek, qualify for, and maintain certification or re -certification under any green building certification programs plus an administrative fee in an amount equal to fifteen percent (15%) of the total Operating Costs. C5HOPCORE PRUi RTtES [:1t] DocuSign Envelope ID; 2FA4A62D-24EF-4FE0-A807-6B0661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 Notwithstanding the foregoing, Operating Costs shall not include; (a) Landlord's income and profit taxes; (b) real estate brokers' commissions; (c) Tenant inducement costs and costs of alterations or decorating the premises of other tenants; (d) advertising expenses incurred in connection with the marketing of any rentable space; (e) interest and principal payments on mortgages and other debt costs and depreciation other than those costs specifically referred to elsewhere in this Lease; (f) losses, charges, expenses, or liabilities arising out of the gross negligence or willful misconduct of the Landlord, its agents, servants or employees; (g) legal expenses arising out of the construction of the improvements on the Land or the enforcement of the provisions of any lease of space within the Shopping Center, including without limitation this Lease; (h) all items and services for which Tenant or other tenants reimburse Landlord outside of Operating Costs and the cost of any special work or service performed for any tenant (including Tenant) at such tenant's cost; (€) any and all structural components including the foundation, roof supports and structural load bearing walls of the Premises and the building of which it Is a part; (j) all capital repairs and replacements to, maintenance and operation of the Shopping Center except for capital repairs or replacements made to the Common Areas, provided that such expenses are amortized over their useful life. Section 6.04. Security Officers. Notwithstanding anything contained in this Lease to the contrary, Tenant agrees and acknowledges that Landlord shall not be required to provide security officers for the Common Areas and/or otherwise provide security within such Common Areas, and if Landlord, in its sole discretion, elects to provide security officers or other security measures within the Common Areas, then Landlord may withdraw or change such.services at any time at its sole discretion. Landlord does not represent, guarantee or assume responsibility that Tenant will be secure from any claims relating thereto, and Tenant hereby expressly waives and releases Landlord from any and all liability in connection therewith. Any and all costs of providing said security shall be included in Operating Costs. ARTICLE 7: USE OF THE PREMISES Section 7.01. Use of the Premises. Tenant covenants and agrees that it shall use and operate the Premises solely for the Permitted Use, only under Tenant's Trade Name, and in full compliance with all applicable Laws, and for no other use or purpose, and that Tenant's use of the Premises is in all events subject to the Lease terms and conditions; matters of public record; public or private restrictions affecting Landlord or the Shopping Center; any mortgages, ground leases or other agreements or restrictions of record; and all applicable governmental rules and regulations. In no event may Tenant, or any party using or occupying the Premises by or through Tenant, use the Premises in violation of any restriction, prohibited use or exclusive applicable to the Shopping Center. Tenant acknowledges and agrees that it shall not violate the restrictions, prohibited uses and exclusives listed on Exhibit G. Section 7.02. Nuisance andlor Disturbance. Tenant shall not perform any acts or carry on any practice which may do or cause a nuisance or disturbance to other tenants and business invitees or the general public. If Landlord, in Landlord's sole discretion, determines that Tenant's business operation is or may be producing noise, vibrations and/or odors, then Tenant agrees upon written notice from Landlord to take such action as Landlord may require. In the event such countermeasures do not adequately resolve the nuisance or disturbance caused by Tenant's business operation, Tenant, upon written notice from Landlord, shall immediately cease the activities causing the nuisance or disturbance. Section 7.03. Tenant's Operation of Business. Tenant shall continuously operate and keep open to the public one hundred percent (100°/x) of the Premises (excluding any reasonable portion thereof used by Tenant for storage or office purposes) during the entire Lease Term. Tenant shall keep its office adequately staffed to serve its patients. Tenant will keep the Premises open for business during the hours of 8:00am until 5:00pm, Monday through Saturday ("Tenant's Initial Hours of Operation"). For every day Tenant falls to do so, Landlord may collect twice the Minimum Rent as liquidated damages. Tenant shall not display any merchandise within or immediately next to the storefront windows of the Premises without obtaining Landlord's prior written approval thereof, such approval not to be unreasonably withheld. Tenant shall be permitted to close for reasonable amounts of time for vacation, illness, performance of repairs or a renovation ("Permitted Closures") and such Permitted Closures shall not be deemed a default under this Lease. Section 7.04. Rules and Regulations. Tenant agrees to abide by the rules and regulations of the Shopping Center created by Landlord. Landlord may, from time to time, amend or add to the rules and regulations for the use and care of the Premises, the buildings of which the Premises are a part, and the Common Areas, and Tenant agrees to comply with such amendments or additions immediately upon receipt of notice thereof. Section 7,05. Quiet Enjoyment. Tenant, upon paying the Rent and performing all of the terms of this Lease on its part to be performed, shall peaceably and quietly enjoy the Premises subject, nevertheless, to the terms of this Lease and to any mortgage, ground lease or agreements to which this Lease is subordinated. Section 7.06. Environmental. (a) Tenant shall not permit or cause the presence of Hazardous Materials in, on or under the Premises or any other portion of the Shopping Center. Tenant shall defend, protect, indemnify and hold Landlord harmless from and against any and ail claims, causes of action, liabilities, damages, costs and expenses, including, without limitation, attorney fees, arising because of any alleged personal injury, property damage, death, nuisance, loss of business or otherwise, by Landlord, any employee of Landlord, or from and against any governmental act or enforcement, arising from or in any way connected with conditions existing or claimed to exist with respect to Hazardous Materials (as hereinafter defined) within the Shopping Center which are the result of Tenant's use, occupancy or operation of the Premises. As used herein the term "Hazardous Materials" shall be defined as any hazardous substance, contaminant, pollutant or hazardous release (as such terms are defined in any federal, state or local Law) and other said wastes. Tenant shall immediately notify Landlord in writing of environmental concerns, liabilities or conditions of which Tenant is, or becomes, aware or which are raised by any private party or government agency with regard to Tenant's business or the Premises. Tenant shall notify Landlord immediately of any Hazardous Materials released at or suspected to emanate from the Premises, whether it is released by Tenant or otherwise and shall immediately upon knowledge of a known or suspected release of any Hazardous Materials investigate and fully remediate all such substances in compliance with law and subject to Landlord's prior review and approval of Tenant's remediation measures. The obligations contained in this Section shall survive the Expiration Date. (b) Tenant shall store and dispose of any substance or material which may be deemed to be medical or infectious waste including, but not limited to, virulent infectious wastes and materials, bandages, dressings, sharps, needles, syringes, lancets, vacuum tubes, human or animal blood and blood products, bodily fluids, radioactive wastes, humantanimal tissues and any other medical wastes or by- products which pose risk of injury or disease to human beings (collectively, "Medical Waste") in accordance with Laws and all rules and standards of medical or professional associations having jurisdiction over Tenant. Tenant shall promptly upon written request provide Landlord SHOPCORE EH .RER71:1 C'1 I DocuSign Envelope ID: 2FA4A62D-24EF-4FE0-A807-660661017062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 with copies of all relevant Medical Waste records and provide a written certification regarding the amounts and the methods of storage, treatment, use and disposal thereof. Tenant shall not permit the mixing or disposal of any Medical Waste with the general office refuse of the Premises and neither Landlord nor the janitorial service shall have any duty or obligation to remove any Medical Waste from the Premises. (c) Pursuant to the terms of the Declaration of Restrictive Covenant dated October 16, 2012 by Las Ventanas at Boynton Beach, Ltd. and the Florida Department of Environmental Protection, in no event shall Tenant use the groundwater under the Shopping Center. Section 7.07. Licensing. Tenant must obtain prior to the Commencement Date all necessary and appropriate licenses, approvals and/or permits from the State of Florida, and all other applicable governmental and quasi -governmental Authorities that may be required in connection with the Permitted Use (collectively, the "Healthcare Approvals"), in accordance with Laws. Tenant agrees to provide Landlord with a copy of the Healthcare Approvals upon request, and to maintain such Healthcare Approvals in good standing at all times during the Term in accordance with Laws. Section 7.08. HIPAA Compliance. Landlord acknowledges that Tenant is subject to the provisions of the Health Insurance Portability and Accountability Act of 1996 and related regulations ("HIPAA"), and that HIPAA requires Tenant to ensure the safety and confidentiality of patient medical records. Landlord further acknowledges that, in order for Tenant to comply with HIPAA, Tenant must restrict access to the portions of the Premises where patient medical records are kept or stored. Tenant shall ensure that all patent medical records are kept and stored in a secure manner and at all times in compliance with HIPAA. Landlord hereby agrees that, except for an emergency entry into the Premises or when accompanied by an authorized representative of Tenant, neither Landlord nor its employees, agents, representatives or contractors shall be permitted to enter those areas of the Premises designated by Tenant as locations where patient medical records are kept and/or stored. At expiration or earlier termination, Tenant shall ensure that all patient medical records are removed from the Premises. Should any remain, after thirty (30) days' written notice from Landlord to Tenant, Landlord may take whatever actions it deems reasonably necessary to remove and secure such records, and Tenant shall reimburse Landlord for the cost thereof. Tenant will protect, indemnify, save and keep harmless Landlord against and from any and all claims and against and from any and all loss, cost, damage or expense arising out of any failure of Tenant in any respect to comply with and perform all the requirements of HIPAA. Tenant agrees that the foregoing shall extend to attorney fees incurred by Landlord in the defense of any claim (whether or not such claim is reasonable), and/or defense of any such claim through counsel selected by Landlord, and that no waiver of subrogation or the like will apply to this indemnification. ARTICLE 8: TENANT'S CONSTRUCTION Section 8.01. Tenant's Work. Tenant agrees and acknowledges that Exhibit B attached hereto identifies Tenant's obligations with respect to Tenant's Work. Tenant further agrees that Tenant's Work and any other alteration, modification, change or improvement to the Premises to be completed by Tenant in accordance with the terms of this Lease shall be completed in compliance with the terms of Landlord's Construction Criteria, a copy of which has been provided to Tenant prior to the date of this Lease and is expressly incorporated in this Lease by this reference. Section 8.02. Signs, Awnings and Canopies. Tenant shall not place or suffer to be placed or maintain any sign, awning or canopy in, upon or outside the Premises or in the Shopping Center, nor shall Tenant place in the display windows any sign, decoration, lettering or advertising matter of any kind, without first obtaining Landlord's written approval and consent in each instance, such approval and consent not to be unreasonably withheld. Tenant shall maintain any such sign or other installation as may be approved in good condition and repair. Section 8.03. Mechanic's Lien. (a) Tenant shall not permit to be attached or recorded against the Premises, or any other portion of the Shopping Center, any lien, encumbrance or charge arising out of any work performed or materials furnished by any contractor, mechanic, laborer, or material supplier for or at the request of Tenant. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant'scontractor to work on the Premises is filed against the Premises or any part of the Shopping Center, then Tenant shall, within ten (10) days after notice of the filing thereof, cause the same to be discharged of record in such manner as Landlord shall decide in its sole discretion, or Landlord may remove such lien at Tenant's sole cost and expense. Upon prior notice to Tenant, Landlord or Landlord's representatives shall have the right to post upon the Premises notices of non -responsibility, or such other notices which Landlord may deem to be proper for the protection of Landlord's interest in the Premises. (b) The interest of Landlord in the Premises shall not be subject in any way to any liens, including construction liens, for alterations or improvements made by or on behalf of Tenant. This exculpation is made with express reference to Section 713.10, Florida Statutes. Tenant represents to Landlord that any alterations or improvements that might be made by Tenant to the Premises are not required to be made under the terms of this Lease and that any alterations or improvements which may be made by Tenant do not constitute the "pith of the lease" under applicable Florida case law. If any lien is filed against the Premises for work or materials claimed to have been furnished to Tenant, Tenant shall cause it to be discharged of record or properly transferred to a bond under Section 713.24, Florida Statutes, within ten (10) days after notice to Tenant. Further, Tenant shall indemnify, defend, and save Landlord harmless from and against any damage or loss, including reasonable attorneys' fees, incurred by Landlord as a result of any liens or other claims arising out of or related to work performed in the Premises by or on behalf of Tenant. In order to effectuate the foregoing, Tenant agrees to execute and record a Memorandum of Lease in the form set forth as Exhibit H attached to and made a part of this Lease. ARTICLE 9: MAINTENANCE OF BUILDING; ACCESS TO PREMISES Section 9.01. Repairs. (a) Tenant shall at all times, at its own expense, keep all portions of the Premises not required to be maintained or repaired by Landlord, in good order, first class condition and repair, regardless of whether such repairs or replacements are ordinary or extraordinary, foreseen or unforeseen, Tenant shall, at its own cost and expense: (i) comply with all applicable Laws affecting the Premises now or hereafter in force; (ii) comply with and execute all rules, requirements, and regulations of the Board of Fire Underwriters, Landlord's insurance companies and other organizations establishing insurance rates; and (iii) not suffer, permit or commit any waste. When feasible, as determined in Tenant's commercially reasonable judgment, Tenant shall use environmentally preferred cleaning and janitorial products (such as paper products and trash bags). Tenant shall not perform any acts or carry on any practices which may injure the building. Furthermore, Tenant, at its expense, shall maintain a preventative maintenance contract for the heating, ventilating and air conditioning systems servicing the Premises, which 10 SHOPOORE pRrp[Arlt§ DocuSion Envelope ID: 2FA4A62D-24FF-4FF0-A807-fiRnFF1MMeg DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 shall be subject to Landlord's reasonable approval. Tenant shall provide Landlord with a copy of the preventative maintenance contract no later than thirty (30) days after the Commencement Date, (b) Landlord shall, subject to the other provisions of this Lease, maintain and repair the structure of the Shopping Center, including the foundations, exterior weather walls, slab, roof, bearing walls and structural columns and structural beams of the Shopping Center; provided, however, if Landlord is required to maintain or repair any structural portions or any other portion of the Premises or the Shopping Center by reason of the negligent acts or omissions of Tenant, Its employees, agents, invitees, contractors, suppliers, licensees, concessionaires, assignees or subtenants, then Tenant shall pay on demand as Additional Rent, Landlord's costs for making such maintenance or repairs, togetherwith an administrative fee of fifteen percent (15%) of such costs. Section 9.02. Access to premises. Landlord shall have the right to enter the Premises upon twenty four (24) hours prior notice delivered telephonically to the office manager, except in the event of an emergency, whereby there shall be no prior notice, to inspect or to exhibit the same and to make such repairs, additions, alterations or improvements as Landlord may deem necessary or desirable, and to take all necessary materials upon orthrough the Premises. The Rents reserved herein shall in no way abate while said work is in progress and Tenant shall have no claim for damages, provided Tenant is able to continue to operate its practice and see its patients in the Premises. During the twelve (12) months prior to the expiration of the Lease Term, Landlord may place upon the Premises "for lease", or "for sale" signs, or other similar signs, which Tenant shall permit to remain thereon. Landlord shall have the exclusive right to use all or any part of the roof and exterior side walls of the Premises for any purpose. If the Premises contain means of access to the roof or basement, Landlord shall have the right to enter the Premises at all times to gain access to said roof or basement to inspect same and to make such repairs, additions, alterations or improvements as Landlord may deem desirable. In no event shall Tenant have the right to access the roof without obtaining Landlord's prior written approval thereof. ARTICLE 10: UTILITIES Section 10.01. Utilities, (a) Tenant shall be solely responsible for contracting directly with all utility providers and promptly paying all charges for utilities commencing from the Possession Date; provided, however, if any utility is sub -metered, then Tenant shall pay the applicable utility charge directly to Landlord. Tenant shall also pay to Landlord any charges incurred by Landlord for meter or sub -meter readings, and Tenant, at its sole cost and expense, shall be responsible for having all utilities transferred into Tenant's name as of the Possession Date. If Landlord elects to supply or to designate a supplier of the water, gas, heat, electricity, trash removal or any other utility used or consumed in the Premises, then Tenant agrees to, purchase and pay for the same as Additional Rent at the then applicable rates charged by local suppliers to similar users. (b) As of the Effective Date, the Shopping Center and the Premises are receiving utility service from one or more suppliers. Landlord shall have the right at any time, and from time to time, during the Lease Term to either contract for service from different companies providing utility service (including, without limitation, by suppliers that generate all or a portion of the utilities available at the Shopping Center, such as on-site or off-site solar power suppliers) or continue to contract for service from the utility service provider(s) existing as of the Effective Date. Tenant shall cooperate with Landlord, the existing utility service provider(s), and any alternate service provider selected by Landlord, at all times and shall allow Landlord and any such utility service provider, to access the utility lines, feeders, risers, wiring, and any other equipment or machinery within the Premises. In no event shall Landlord be liable for an interruption or failure in the supply of any utilities to the Premises or for the character of such service, Additionally, Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption or defect in the supply or character of the electric energy furnished to the Premises, or if the quality or character of the utility supplied by any service provider is no longer available or suitable for Tenant's requirements and no such change, failure, defect, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, (c) In order to monitor or comply with Landlord's resource conservation goals, governmental requirements, and/or community "green building" initiatives, whether current or future, on a quarterly basis Tenant shall report to Landlord (on a form required by Landlord or, if applicable, governmental authority) its utility usage including but not limited to: kilowatt hours of electricity, cubic feet of gas, gallons of water, and tons of trash removed, and any other item of usage or waste creation that may be required by Landlord or any governmental authority. Without limiting the foregoing, if Landlord is required to comply with Laws applicable to utility or environmental sustainability standards or if Landlord seeks to obtain third -party accreditations, ratings or certifications pursuant to any green building certification program, Tenant shall cooperate with Landlord's efforts in connection therewith, including, without limitation, by promptly providing Landlord with information about Tenant's occupancy as may be required to comply with such Laws or reasonably requested by such third -party issuer of accreditations, ratings or certifications, such as staffing levels, hours of operation, utility usage, commuting patterns (to the extent reasonably determinable), cleaning methods, build -out materials and techniques, furniture, fixtures and equipment inventories, and other purchasing information. Any carbon offset credits, renewable energy credits, tradable renewable credits, energy saving certificates, rebates, incentives, offsets, allowances and other similar entitlements, now or hereafter existing received by or applicable to the Shopping Center or any part thereof (including the Premises) or by Landlord and applicable to the same shall belong to Landlord. ARTICLE 11: ASSIGNMENT, SUBLEASE Section 11.01. Assignment or Subletting. Notwithstanding any references to assignees, subtenants, concessionaires or other similar entities in this Lease, Tenant shall not (i) assign or otherwise transfer, mortgage or encumber this Lease or any of its rights hereunder, (ii) sublet the Premises or any part thereof, or permit the use of the Premises or any part thereof by any persons other than Tenant or its agents or (iii) permit the assignment or other transfer of this Lease, or any of Tenant's rights hereunder, by operation of law or otherwise without obtaining the prior written approval of Landlord, which approval shall not be unreasonably withheld. An administrative fee of Three Thousand Dollars ($3,00D.00) shall be payable by Tenant to Landlord together with Tenant's written request for Landlord's consent to the assignment, transfer or sublease and shall be non-refundable, whether or not Landlord grants or denies its consent. ARTICLE 12: RELOCATION Section 12.01. Relocation of the Premises. Landlord shall have the right, in its sole discretion, to relocate Tenant to other premises within the Shopping Center. If Landlord elects to exercise the right of relocation, then Landlord shall deliver written notice to Tenant identifying the 11 CSHOPCORE PROP[911_? C�J DocuSign Envelope ID: 2FA4A62D-24EF-4FE0-A807-6B0661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 location of the proposed new premises ("New Premises"). Tenant shall relocate to the New Premises on the date designated by Landlord. The New Premises shall be substantially the same size as the Premises. Landlord, at its sole cost and expense, shall build out the New Premises to substantially the same quality as the Premises and pay for all reasonable related moving expenses. Tenant shall not be required to move from the Premises until the New Premises are ready for its business operation, however, Landlord shall have the right to relocate and reuse Tenant's equipment and Tenant may be required to cease operations for a reasonable time to accommodate same. Should the New Premises be larger than the Premises, the adjusted rents shall not be greater than 105% of the then current rents for the Premises. ARTICLE 13: REIT Section 13.01. Tenant shall cooperate with Landlord so that the Rent under this Lease continues to qualify as "rents from real property" as defined in Section 856(d) of the Internal Revenue Code and related Treasury Regulations. Such cooperation includes amending this Lease as necessary provided there is no increase in Tenant's financial obligations to Landlord or a diminishing of Tenant's rights under this Lease. ARTICLE 14: NOTICES Section 14.01. Notices. Any notice by Tenant to Landlord, or Landlord to Tenant, must be served by certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service, addressed to Landlord or Tenant, as applicable, at the applicable address(es) set forth in Section 1.01, or to such other address as Landlord or Tenant may designate by written notice to the other party. If the holder of an outstanding mortgage on the Shopping Center has given Tenant written notice of Its interest in this Lease, then Tenant shall not have any remedies against either Landlord or said holder of a mortgage, unless and until said holder has received written notice from Tenant of a default and a reasonable time to cure the default has passed. Any notice given in conformance with the above shall be deemed received when delivery thereof is received or refused. Notwithstanding the foregoing to the contrary, Landlord's notice of the Possession Date may be sent to Tenant via electronic mail which shall be deemed proper delivery of same. ARTICLE 15: INDEMNITY; PROPERTY AND LIABILITY INSURANCE Section 15.09. Indemnity. From and after the Possession Date or such earlier date that Tenant or its agents, employees or contractors are permitted to access the Premises, Tenant shall indemnify, defend with legal counsel selected by Landlord and hold harmless Landlord and its lender(s)from and against any suits, actions, damages, claims, judgments, costs, liabilities and expenses in connection with loss of life, bodily or personal injury or property damage, or any other claim, arising from, or out of, any occurrence in, upon, at or from the Premises, or the occupancy or use by Tenant of the Premises, or any part thereof, or occasioned wholly, or in part, by any act or omission of Tenant, its agents, contractors, employees, servants, invitees, licensees or concessionaires, (including use of the sidewalks and Common Areas within the Shopping Center), or otherwise in connection with Tenant's Work and/or any breach of the terms of this Lease by Tenant or its agents, contractors, employees, servants, invitees, licensees or concessionaires. Tenant's indemnification obligations shall not be limited by any Workers' Compensation Act or similar statute. The provisions hereof shall survive termination of the Lease. Section 15.02. Insurance. (a) Tenant shall maintain those insurance coverages as set forth in Exhibit E. (b) Landlord and the other designated Additional Insureds shall be named as an additional insured with tenant's coverage applying on a primary and non-contributory basis under the policy providing the coverage as set forth above in this Section. Landlord shall have the right to update, modify or revise the designated Additional Insureds from time to time by delivering written notice thereof to Tenant. If Tenant fails to procure the required insurance, Landlord may, but shall not be required to, obtain the same for Tenant and Tenant shall reimburse Landlord, within len (10) days of demand, for the cost thereof as Additional Rent, Landlord shall be an additional loss payee on Tenant's property insurance in regard to the leasehold improvements. (c) All companiesrproviding Tenant's insurance shall have and maintain a minimum AM Best rating of A -VIII. Tenant may not self -insure any part of the required liability insurance coverages, nor may the total of Tenant's deductibles and self-insurance retentions exceed the Maximum Deductible/Retention Amount without having first received Landlord's written consent. (d) Tenant shall deliver to Landlord certificates of insurance for all insurance required to be maintained by Tenant in a form acceptable to Landlord in its sole discretion, prior to any entry onto the Premises by Tenant or any employee, agent or contractor of Tenant. Upon request, Tenant shall also provide to Landlord a true, correct and complete copy of the actual insurance policy for all insurance required to be maintained by Tenant, Tenant shall, prior to expiration of any required coverage, furnish Landlord with certificates of renewal or "binders" thereof. Each policy shall expressly provide that such policies shall not be cancelable or otherwise subject to modification, except after thirty (30) days' prior written notice to the parties named as Additional Insureds in this Lease. (e) From and after the Additional Rent Commencement Date, Tenant shall pay, as Additional Rent, to Landlord, an amount equal to Tenant's Share of the "Insurance Charge', which is defined as any and all costs and expenses of every kind and nature as may be paid or incurred by Landlord directly, or through an operating and easement agreement or other encumbrances upon the Shopping Center, in insuring the Shopping Center buildings, Common Areas and other improvements, (including green building endorsements or coverage) plus an administrative fee in an amount equal to fifteen percent (15%) of the total of said Insurance Charge. (f) Landlord makes no representation or warranty to Tenant that the amount of insurance to be carried by Tenant under the terms of this Lease is adequate to fully protect Tenant's interest. Section 15.03. Increase in Insurance Premiums. Notwithstanding anything contained in this Lease to the contrary, Tenant shall not stock, use or sell any article, or do anything in or about the Premises, which may be prohibited by Landlord's insurance policies or any endorsements or forms attached thereto, or which will increase any insurance rates and premiums on the Premises, the building of which it is a part and/or any other buildings in the Shopping Center. Section 15.04. Waiver of Subrogation and Release. Landlord and Tenant hereby waive all rights to claims for damages as against the other and the other's insurance companies, and Landlord's and Tenant's insurance policies shall contain provisions requiring that the respective insurance companies waive all rights of subrogation as against Landlord and Tenant and as against the other's insurance companies, which either party has, or which may arise hereafter, for: damage to the Premises or the Shopping Center; damage to real or personal property located in the Shopping Center; loss of business; any loss for which either party may be reimbursed as a result of insurance coverage affecting any loss suffered by it; or any other loss caused by perils typically covered by fire and extended coverage, building contents, store contents and business interruption insurance coverages, Landlord and Tenant mutually agree that with respect to any loss which is 12 CSHOPCORE Docusign Envelope ID:2FA4A62D-24EFL4FEO-A807-6Bo661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 covered by insurance then being carried by them respectively, or required to be carried, the one carrying or required to carry such insurance and suffering said loss hereby releases the other of and from any and all claims with respect to such loss to the extent of such insurance carried or required to be carried. Section 15.05. Notice to Landlord. Tenant shall give prompt written notice to Landlord, which shall in no event be more than twenty-four (24) hours after any case of fire or accidents in the Premises, or in the building of which the Premises is a part. ARTICLE 16: LIABILITY OF LANDLORD Section 16.01. Waiver of Liability. NOTWITHSTANDING ANYTHING CONTAINED IN THUS LEASE TO THE CONTRARY, TENANT AGREES THAT IT SHALL LOOK SOLELY TO THE EQUITY INTEREST OF LANDLORD IN THE SHOPPING CENTER, SUBJECT TO PRIOR RIGHTS OF ANY MORTGAGEE OR TRUSTEE OF THE SHOPPING CENTER, FOR THE COLLECTION OF ANYJUDGMENT (OR OTHER JUDICIAL PROCESS) REQUIRING THE PAYMENTOF MONEY BY LANDLORD IN THE EVENT OF ANY DEFAULT OR BREACH BY LANDLORD WITH RESPECT TO ANY OF THE TERMS OF THIS LEASE TO BE OBSERVED AND/OR PERFORMED BY LANDLORD AND NO OTHER ASSETS OF LANDLORD SHALL BE SUBJECT TO LEVY, EXECUTION OR OTHER PROCEDURES FOR THE SATISFACTION OF TENANT'S REMEDIES. IN THE EVENT LANDLORD TRANSFERS THIS LEASE, EXCEPT AS COLLATERAL SECURITY FOR A LOAN, UPON SUCH TRANSFER LANDLORD WILL BE RELEASED FROM ALL LIABILITY AND OBLIGATIONS HEREUNDER, TO THE EXTENT THAT THE TRANSFEREE ASSUMES THE OBLIGATIONS OF THIS LEASE. Section 16.02. Tenant's Risk of Loss, Tenant shall store its property in and shall occupy the Premises and all other portions of the Shopping Center at its own risk and releases Landlord, to the full extent permitted by Law, from all claims of every kind resulting from loss of life, personal or bodily injury or property damage. Landlord shall not be responsible or liable to Tenant, or to those claiming by, through or under Tenant, for any loss or damage to either the person or property of Tenant or to Tenant's merchandise, equipment, fixtures or other personal properly or to Tenant's business, arising from any cause. Section 16.03. Consent Clause, Unless Landlord's consent or approval is required by the express terms of this Lease not to be unreasonably withheld, such consent or approval may be withheld or delayed by Landlord in its sole and arbitrary discretion. If in this Lease it is provided that Landlord's consent or approval as to any matter will not be unreasonably withheld, and it is established by a Court or other body having final jurisdiction that Landlord has been unreasonable, the sole effect of such finding shall be that Landlord shall be deemed to have consented to or approved the matter for which its consent or approval was requested. Section 16:04. Successors. All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the respective heirs, executors, administrators, successors and assigns of the said parties. , No rights, however, shall inure to the benefit of any assignee of Tenant unless the assignment to such assignee has been approved by Landlord in writing as provided in Article 11 hereof. Notwithstanding the foregoing, in the event Landlord or any successor owner shall convey or otherwise dispose of the Premises, all liabilities and obligations on the part of Landlord or successor owner under this Lease arising or accruing after such conveyance shall cease and terminate and thereupon all such liabilities and obligations shall be binding upon the new owner. ARTICLE 17: DAMAGE CLAUSE Section 17.01. Destruction. If the Premises is damaged by any casualty, then Landlord shall elect to either repair/restore the same to substantially the same condition as the Premises were on the Possession Date, or terminate this Lease by notice to Tenant given within one hundred eighty (180) days after such casualty, If Landlord elects to repair/restore, then Tenant shall promptly complete all work necessary for Tenant to re -open and operate Tenant's business upon the Premises. Rent shall be abated during any period that Tenant is unable to operate the Premises as a result of such casualty. ARTICLE 18: CONDEMNATION Section 18.01, Condemnation. If the Premises shall be taken by eminent domain, then this Lease shall terminate as of the date title vests in the condemning authority. If only a portion of the Premises is taken, then Landlord shall elect to either terminate this Lease effective as of the date title vests in the condemning authority, or restore the Premises to substantially the same condition as the Premises were in immediately prior to such condemnation, less the portion taken. Landlord shall receive the full amount of any award made in connection with any taking. Tenant shall cooperate with Landlord as may be necessary in executing any waivers necessary for Landlord to recover the award. ARTICLE 19: PRIORITY OF LEASE Section 19.01. Subordination and Attornment. This Lease, and Tenant's rights hereunder shall be subject and subordinate to the lien of any mortgages, ground leases or deeds of trust or other similar instruments that may now exist or may hereafter be placed upon the Shopping Center and all renewals, replacements, and extensions thereof without further notice or action on the part of Landlord or Tenant. Tenant shall execute and deliver to Landlord within fifteen (15) days from receipt of Landlord's request such instruments (including but not limited to a Memorandum of Lease and/or a Subordination, Non -Disturbance and Attornment Agreement in recordable form) which may be required by Landlord's mortgagee, ground lessor or trustee to evidence such subordination. Section 19.02. Estoppel, Tenant shall, within ten (10) days after written request by Landlord, execute and deliver to Landlord a tenant estoppel certificate in a form required by a prospective purchaser of the Shopping Center or Landlord's lender(s). Section 19.03. Recording. Tenant shall not record this Lease, or a memorandum thereof, without the prior written consent of Landlord. ARTICLE 20: DEFAULT AND LANDLORD'S REMEDIES Section 20.01. Default. Anyone of the following shall be deemed to bean "Event of Default": (a) Tenant shall be in default in the payment of any Rent and such default Shall continue for a period of five (5) consecutive days after written notice from Landlord of such failure to pay Rent. (b) With respect to a non -monetary violation of this Lease, failure of Tenant to cure the same within fifteen (15) days after Landlord has sent Tenant notice of such violation, unless a different time period is specified in this Lease. 13 C SHOPCORE PRIPo ari_, C. UocuSign Envelope ID: 2FA4A62D-24EF-4FE0-A807-6B0661 C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 (c) The commencement of any proceedings in bankruptcy or insolvency, or an assignment for the benefit of creditors, involving Tenant or any guarantor of Tenant's obligations. Notwithstanding anything to the contrary set forth in this Lease, if Tenant shall be in default of the same term, condition or requirement of this Lease, and if any such default shall be repeated two (2) times during the Lease Term, then, any further similar default within the Lease Term shall be deemed to be an automatic Event of Default, Tenant shall not have any right to cure the same, and Landlord, without giving Tenant any notice and without affording Tenant any opportunity to cure such default, may exercise any rights or remedies available to Landlord as set forth in this Lease, including, without limitation, the right to terminate this Lease. Section 20.02. Landlord's Remedies. If an Event of Default occurs, in addition to any right Landlord may have at law or in equity including, without limitation, the right to seek injunctive relief or specific performance against Tenant, Landlord may: (a) Elect to re-enter or take possession of the Premises pursuant to legal proceedings or any notice provided for herein and may either terminate this Lease or, without terminating this Lease, (i) remove all persons and property, but not Tenant's patients files unless Landlord places same in a safe and secure location, from the Premises without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby and (ii) make such alterations and repairs as may be necessary in order to re -let the Premises for a term, rental rate and conditions as Landlord, in its sole discretion, may deem advisable. Upon re -letting, rentals received by Landlord from such re -letting shall be applied first to the payment of any indebtedness other than Minimum Annual Rent due hereunder from Tenant; second to the payment of any costs and expenses of such re -letting, including brokerage fees, reasonable attorneys' fees and costs of alterations and repairs; third to the payment of the most current Minimum Annual Rent owed at that time; and the residual, if any, shall be held by Landlord and applied in payment of future Minimum Annual Rent as the same may become due and payable hereunder from Tenant. If such rentals received from such re -letting are less than that to be paid by Tenant, Tenant shall be liable for the deficiency to Landlord. Any such deficiency shall be calculated and due monthly. No such re-entry or taking possession of the Premises by Landlord shall be construed as an election on its part to terminate this Lease or to accept a surrender thereof. (b) Whether or not Landlord elects to re -anter or take possession of the Premises in accordance with subsection (a) above, Landlord may, at any time after the occurrence of an Event of Default, elect to terminate this Lease. Should Landlord elect to terminate this Lease then, in addition to any other remedies Landlord may have available to it, Landlord may recover from Tenant all damages incurred by reason of such breach, including the cost of recovering the Premises and the worth at the time of such termination of the excess, if any, of the amount of Minimum Annual Rent, Percentage Rent, if any, Additional Rent and all other charges reserved in this Lease, payable over the remainder of the stated Lease Term, over the then -reasonable rental value of the Premises, all of which amounts shall be immediately due and payable from Tenant to Landlord as if by terms of this Lease it were payable in advance. Landlord may immediately proceed to distrain, collect, or bring action for the worth of the whole Rent, as aforesaid, or any part thereof as aforesaid, as Rent being in arrears, or may enter judgment therefor in an amicable action in case of Rent in arrears, or may file a proof of claim in any bankruptcy or insolvency proceedings for such Rent, or Landlord may institute any other proceedings, whether similar to the foregoing or not to enforce payment thereof. (c) Treat all or any part of the Rent reserved hereunder as immediately due and payable, it being understood that the method of monthly or other periodic payments provided for herein are for the convenience of Tenant and available to Tenant only if Tenant is not in default under this Lease. (d) Cure such default for the account of Tenant (without waiving any claim for breach of this Lease); said right to cure shall include, without limitation, the right to pay or do any act which requires the expenditure of any sums of money by reason of the failure or neglect of Tenant to perform any of the provisions of this Lease, and in the event Landlord shall, at its election, pay such sums or do such acts requiring the expenditure of monies, Tenant agrees to pay Landlord, upon demand, all such sums and the sum so paid by Landlord, plus fifteen percent (15%) thereof for overhead and supervision and interest thereon at the Default Interest Rate, shall be deemed Additional Rent and be payable as such. (e) In addition to all other amounts set forth above, Tenant shall promptly pay to Landlord the Unamortized Allowance and Unamortized Commissions. (f) Notwithstanding anything contained herein to the contrary, Landlord shall have no duty to mitigate the damages suffered by Landlord rising from an Event of Default by Tenant. Section 20.03. Redemption; Reinstatement. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future Laws in the event Tenant is evicted or dispossessed for any cause, or in the event Landlord obtains possession of the Premises. No receipt of monies by Landlord from or for the account of Tenant or from anyone in possession or occupancy of the Premises after the termination of this Lease or after the giving of any notice of termination shall reinstate, continue or extend the Lease Term or affect any notice given to Tenant prior to the receipt of such money. Section 20.04. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER, IN THE EVENT LANDLORD COMMENCES ANY PROCEEDINGS AGAINST TENANT HEREUNDER, TENANT WILL NOT INTERPOSE ANY COUNTERCLAIM OR CROSSCLAIM OF WHATEVER NATURE OR DESCRIPTION IN ANY SUCH PROCEEDINGS, EXCLUDING COMPULSORY COUNTERCLAIMS. Section 20.05. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest Rent then unpaid, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction. Section 20.06. No Waiver. The rights and remedies given to Landlord in this Lease are distinct, separate and cumulative remedies, and the exercise of any of them shall not be deemed to exclude Landlord's right to exercise any or all of the others. The waiver by Landlord of any breach or of the strict and/or prompt performance of any term, covenant or condition herein contained, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained or of Landlord's right to strictly enforce same in the future. No covenant, term or condition of this Lease shall be deemed to have been waived by Landlord unless such waiver be in writing by Landlord. Section 20.07. Legal Fees. If any legal fees are incurred by Landlord in enforcing the terms of this Lease, then Tenant shall be liable for such reasonable costs and the same shall be due and payable upon presentation of a bill therefor. 14 lL 5HOPCORE 9ROPERitm� DR. DocuSign Envelope ID: 2FA4A62D-24EF-4FEO-A807-6B0661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 ARTICLE 21: MISCELLANEOUS PROVISIONS (a) The word Tenant shall be deemed and taken to mean each and every person or party mentioned as a tenant herein, be the same one or more; and if there shall be more than one tenant, (1) the liability of each shall be individual, joint and several, and (ii) any notice required or permitted by the terms of this Lease may be given by or to any one thereof and shall have the same force and effect as if given by or to all thereof. (b) The submission of this Lease for examination does not constitute a reservation of or option for the Premises, Tenant shall under no circumstances have any rights hereunder until execution and delivery hereof by Landlord. (c) This Lease and the exhibits, riders andlor addenda, if any attached, set forth the entire agreement between the parties. Any prior conversations or writings are merged herein and extinguished. No subsequent amendment to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by Landlord and Tenant. (d) If any provision of this Lease or the application thereof to any person or circumstance shall to any extent be invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of this Lease shall be valid and enforced to the fullest extent permitted by Law, (e) This Lease shall be construed and interpreted in accordance with the Laws of the state in which the Shopping Center is located. (f) The parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any addenda or Exhibits hereto. Time is of the essence with respect to the obligations of the parties hereto. (g) Landlord and Tenant represent and warrant that they have had no dealings, negotiations, or consultations with respect to the Premises, the Shopping Center or this transaction with any broker, except for the Broker(s), if any. Landlord shall be responsible for all fees and commissions due Broker(s), if any, pursuant to the terms of a separate agreement between Landlord and Broker(s). (h) Landlord and Tenant shall each be excused for the period of any delay in the performance of any obligations hereunder (and any time period obligations consequently affected by such delays, including any required delivery date, shall be likewise extended) when prevented from doing so by a cause or causes beyond either parties reasonable control which shall include, without limitation, all labor disputes, riots, civil commotion, war, war -like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, failure of power, governmental regulations or controls, government closures or moratoria, fire or other casualty, difficulty or delay to obtain any material, equipment or services (including supply chain delays), acts of God, concealed or unknown physical conditions and failure to obtain or delay, through no fault of its own, in obtaining any licenses, permits or approvals required by any governmental authority. In no event shall the foregoing excuse Tenant from the requirement to pay Rent under this Lease. (i) Landlord and Tenant each certify that (1) it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person", or other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and (ii) it is not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Q) As an inducement to Landlord agreeing to this Lease, Guarantor shall simultaneously herewith execute an unconditional personal Guaranty, attached hereto as Exhibit F. If Guarantor becomes insolvent or files for Bankruptcy and/or can no longer perform its obligations under the Guaranty, then Tenant must deliver a creditworthy substitute guarantor, as reasonably determined by Landlord, and such substitute guarantor shall execute an unconditional personal guaranty, in substantially the same form as the Guaranty attached hereto as Exhibit F. (k) This Lease may be executed in multiple counterparts, each of which shall constitute an original and all of which taken together shall constitute one and same agreement binding upon the parties, notwithstanding that all the parties are not signatories to the same counterpart. Landlord and Tenant each agrees to be bound by Electronic Copies of this Lease. (m) Tenant agrees that this Lease is confidential and Tenant shall not, without Landlord's prior written consent, disclose to any third party the contents of this Lease or any information related to this Lease, except in the normal course of business to Tenant's attorneys, accountants or advisors/consultants, including but not limited to (a) Rent -related information, and/or (b) the modification of any terms originally included, but subsequently modified, in this Lease. (n) Tenant acknowledges and agrees that it is intended that this Lease is a completely net lease to Landlord, except as expressly herein set forth to the contrary, and Tenant shall pay all charges, impositions, costs and expenses of every nature and kind relating to the Premises, except as expressly herein set forth to the contrary. (o) If Tenant is a corporation, partnership or limited liability company, the corporation, partnership or limited liability company represents, covenants and warrants to Landlord as of the date Tenant executes and delivers this Lease that the,signatories signing on behalf of Tenant have the requisite authority to bind Tenant. (p) The following Exhibits are attached to this Lease and incorporated herein by reference; Exhibit A - Site Plan Exhibit B - Landlord's Work and Tenant's Work Exhibit C - Tenant's Affidavit of Payment of Debts and Claims Exhibit D - Commencement Date Agreement Exhibit E, - Insurance Requirements Exhibit F - Guaranty Exhibit G- Restrictions, Prohibited Uses and Exclusives Exhibit H..- Memorandum of Lease 15 CSHOPCORE M uocu51gn Envelope ID: 2FA4A62D-24EF-4FE0-A807-6B0661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 IN WITNESS WHEREOF, the parties have respectively executed this Lease effective as of the day and year first above written. LANDLORD: 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liabili A41§"ed by: v� Name: P 1F373421_. Title: Authorized Signatory TENANT: HAMARNAH DDS PLLC, a Florida professional limited liability company ` Name: Sally Hamarnah, D.D.S. Title: Member SHOPCORE IPGPf RTI:� Legal DS Leasing: 68 DocuSign Envelope ID: 2FA4A62D-24EF-4FEO-A807-6BO661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 EXHIBIT A SITE PLAN This document is for general information purposes only. Any and all features, matters and other information depleted hereon or contained herein are for illustrative marketing purposes only are subjectto modi@catan without notice, ars not intended to be relied upon �y by any party and are not intandad to conatilule representations or warranties as to any matter, including ownership of the real property 5 H O P C O R E depicted hereon, the size and nature of improvements {or that any improvements will be constructed or vAll continue to exist as P R O P E R T I E 5 depicted], or the idanrity or nature of any occupants thereof. This Site Plan is Not to Scale As more particularly provided for in the Lease, Landlord hereby reserves the right, at any time and from time to time without notice to Tenant, to alter or otherwise modify the locations and/or dimensions of all buildings, parking areas, service drives, entrances, exits and other facilities shown on this Exhibit A; to place in the common areas of the Shopping Center landscaping, decorative items, and structures and areas for retail sales and promotional activities, and to construct, lease operate and maintain in the area shown on this Exhibit A and on contiguous land, as part of the Shopping Center, buildings, structures and other facilities not shown on this Exhibit A. A-1 C5HOPOORE 69 DocuSign Envelope ID: 2FA4A62D-24EF-4FE0-A807-6B0661C11062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 EXHIBIT B LANDLORD'S WORK AND TENANT'S WORK Landlord's Work: None. Tenant acknowledges that (i) it is familiar.with the Premises, (ii) Tenant or its representative has visited the Premises, or was given the opportunity to visit the Premises prior to the Effective Date, (iii) there is no work to be performed by Landlord and no representation or warranty has, been made by Landlord as to the fitness of the Premises, or any equipment servicing or improvement within the Premises, for any use permited herein, and (iv) it is taking possession of the Premises on the Possession Date in its "AS ISMIHERE IS" condition. Tenant's Work: Excluding Landlord's Work, if any, any and all improvements to the Premises required for, or desired by, Tenant to use and operate its Permitted Use in the Premises, including, the improvements to, on or about the Premises to be constructed by Tenant, as identified on the plans and specifications for such improvements prepared by Tenant and approved by Landlord in accordance with the terms of this Exhibit. All fixtures installed by Tenant shall be new or completely reconditioned. Tenant shall commence Tenant's Work promptly following (i) Landlord's approval of Tenant's plans and specifications, such approval not to be unreasonably withheld or delayed, (ii) the date possession of the Premises is made available to Tenant, and (iii) receipt by Tenant of all applicable permits and approvals required to commence Tenant's Work, and shall diligently and continuously prosecute its work to completion so as to open for business no later than the Commencement Date. Tenant shall, without limitation, fully equip the Premises with all trade equipment, furniture, operating equipment, furnishings, fixtures and exterior signs and any other equipment necessary for the proper operation of Tenant's business. If Tenant has not obtained permits and approvals for the commencement of Tenant's work within one hundred twenty (120) days after Landlord's approval of Tenant's plans and specifications, Landlord may terminate this Lease on ten (10) days' written prior notice to Tenant, and this Lease shall terminate on the tenth (10th) day from the date of such notice and this Lease shall no longer be of any force and effect. Whenever Tenant is performing work within the Premises (not solely limited to Tenant's Work), Tenant shall commence such work as soon as is practical and shall diligently prosecute such work to its completion as soon as is practical after its commencement. Tenant shall not do any construction work or alterations, nor shall Tenant install any equipment other than trade fixtures without first obtaining Landlord's written approval and consent, such consent not to be unreasonably withheld or delayed. Tenant shall present to Landlord plans and specifications for such work at the time approval is sought. Tenant shall, at its cost and expense, complete or cause the completion of Tenant's Work prior to the Commencement Date in accordance with the plans and specifications which have been submitted to and approved in advance in writing by Landlord. All work performed by Tenant with respect to the Premises shall: (a) be commenced only after Tenant has delivered to Landlord evidence satisfactory to Landlord that it has obtained all required permits and licenses for all of Tenant's Work or satisfied Landlord that such permits or licenses are not required; (b) be completed in accordance with the Construction Criteria; (c) be completed as expeditiously as reasonably possible; (d) be completed in such manner as will not interfere with work being done by Landlord upon the Premises or any other portion of the Shopping Center; (e) be completed in compliance with such reasonable rules and regulations as Landlord or its agents or contractors may make; (f) be carried,out. by competent workers under the supervision of one or more professional contractor(s) and designer(s), who shall be subject to prior written approval of Landlord (such approval not to be unreasonably withheld or delayed), and be subject to the reasonable supervision of Landlord or its agents or contractors; (g) be completed only by persons and/or entities that shall maintain harmonious labor relations; (h) be commenced only after Tenant has delivered to Landlord a certificate of general liability insurance from its general contractor (or from Tenant if it is acting as its own contractor); and (i) be completed at the risk of Tenant. OTHER PROVISIONS Performance of Tenant's Work. The following provisions are in addition to, and do not waive the provisions of any general covenants between Tenant and Landlord as may be contained in the Lease: A. Before doing any item of Tenant's Work, (i) Tenant shall secure and demonstrate to Landlord that it has secured all necessary permits and licenses which shall, without limitation, include all requisite building permits; Tenant to use its best efforts to secure the same promptly, including the use of an expediter; should Landlord's signature be required on any such permits or licenses, Landlord shall not assume or be deemed to assume any liabilities, obligations or costs as a result thereof; (ii) Tenant shall deliver to Landlord a certificate evidencing that it has obtained contractors' general liability insurance naming all Additional Insured(s) as additional named insureds, as well as workers' compensation insurance and automobile liability insurance, all in accordance with the requirements; (iii) Tenant shall deliver to Landlord an itemized budget in respect of all Tenant's Work, and (iv) Tenant will provide (or will cause its general contractor to provide) at its sole cost and expense, builders risk insurance for construction that covers special risk perils including earthquake, flood, fire, and theft of materials stored at or within 1,000 feet of the Premises. The builders risk insurance shall be on a completed value form including for all insurable hard and soft costs of construction. B. All work by Tenant within the Premises shall utilize new materials. Materials and workmanship shall be of a uniformly high quality and used and/or performed in accordance with the very best standards of practice and shall not be in contravention of any governing codes or regulations and shall be subject to the approval of Landlord and/or its architect, such approval not to be unreasonably withheld or delayed. C. Under no circumstances will Tenant, its employees, its contractors or its contractors' employees enter onto any roof of the Shopping Center or make any opening in the roof without Landlord's consent and approval. D. Tenant and its contractor(s) shall not impose a greater load on any concrete floor than the design live load of 100 pounds per square foot uniformly distributed. No unusual loads may be suspended from the underside of roof structure. B-1 CSHOPCORE 70 DocuSign Envelope ID: 2FA4A62D-24EF-4FE0-A807-6B0661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 E. Tenant shall maintain the Premises in a reasonably clean and orderly manner and shall be responsible for the cost of removing from the Shopping Center all excess materials, trash and cartons resulting from Tenant's Work and stocking of the Premises. Tenant shall not perform any work that may cause undue noise or vibration to adjacent premises during the hours of 9:00 a.m. through 7:00 p.m. (a) Tenant agrees that Tenant's Work and any other alteration, modification, change or improvement to the Premises completed by Tenant shall not be done in a manner which would create a Conflict. A Conflict is any work stoppage, picketing, labor disruption or dispute or any interference with the business of Landlord or any tenant or occupant of the Shopping Center. Tenant shall immediately stop work or other activity if Landlord notifies Tenant that continuing such work or activity would cause a Conflict. Tenant shall indemnify, defend with legal counsel selected by Landlord and hold harmless Landlord from any loss, cost or liability suffered or incurred by Landlord as a result of Tenant's'violation of the provisions of this paragraph. Tenant's violation of the terms hereof shall constitute a default hereunder and shall entitle Landlord to exercise any remedies that are available to Landlord at law, in equity or hereunder, including, without limitation, obtaining an injunction. Landlord may, in Its sole discretion, require that Tenant use Landlord's pre -approved contractors and/or sub -contractors, at Tenant's sole cost and expense, Tenant further agrees that Tenant's Work and any other alteration, modification, change or improvement to the Premises to be completed by Tenant in accordance with the terms of this Lease shall be completed in compliance with the terms of Landlord's Construction Criteria, as amended from time to time and in accordance with the Construction Criteria and any green building provisions; P. Upon completion of Tenant's Work, Tenant shall deliver the following to Landlord: (i) all applicate certificates of completion and occupancy; (ii) final Certificate of Occupancy for the Premises and all other licenses, permits and approvals required by Authorities to operate Tenant's business; (iii) final as -built plans for the Premises; (iv) final notarized lien waivers from Tenant's general contractor waiving any right to file a construction lien for unpaid work or services performed or materials supplied (Landlord reserves the right to request final lien waiver(s) from subcontractor(s) to Tenant's general contractor; (v) affidavit from Tenant's general contractor listing all subcontractors and all materialmen and suppliers for all work, labor and materials to Tenant's general contractor and that they have been paid in full; and (vi) evidence that all permits obtained by Tenant have been closed out in accordance with the requirements of the local municipality. Exhaust and Odors (a) Objectionable odors from the Premises shall, at Tenant's expense, be exhausted in such a manner as precludes their escaping into the Common Areas or other rental areas, or short circuiting into any fresh air vents. Tenant specifically acknowledges and agrees that it shall be responsible for all costs, expenses or damages suffered or incurred by Landlord as a result of claims by other tenants of the Shopping Center relating to objectionable odors or exhaust emanating from the Premises during the completion of Tenant's Work. Landlord shall be entitled to require Tenant to suspend Tenant's Work on twenty-four (24) hours' prior written notice in the event that Tenant fails to comply with its obligations contained herein. (b) Where Tenant requests a total exhaust rate greater than 200 CPM/bay, Tenant shall provide a make up air system in accordance with Landlord's specifications, sized in the amount of the excess and shall waive the right to demand of Landlord the ambient design conditions specified in the design package provided to Tenant by Landlord, if any. (c) Tenant's air handling equipment may not under any circumstances draw air from any enclosed mall or exhaust into it. (d) Garbage refrigeration equipment must be installed in the Premises by Tenant if perishable items are handled. Complete Drawings by Tenant. Tenant shall submit to Landlord for its approval, such approval not to be unreasonably withheld or delayed, complete plans, drawings and specifications for the Premises (the "Plans"), to be prepared by qualified designers and conforming to each of good engineering practice, the oufline drawings provided to Tenant by Landlord, if any, and the provisions of this Exhibit. Such Plans shall show at least the following: STORE SUBMISSION REQUIREMENTS Tenant shall provide complete working plans and specifications in the following form: (a) Floor plan to scale. (b) Reflected ceiling plan to scale. (c) Storefront and show window elevation and sections to scale. (d) Storefront and show window details to scale. (e) Interior elevations to scale. (f) Interior finishing schedule. (g) Sign shop drawings prior to fabrication and related lighting and equipment. (h) Any other special facilities or installations that affect the building. (i) Sprinkler and other fire protection devices, including the fire alarm system for the Premises. 0) Plumbing plan to include single line diagram. (k) Lighting plan and electrical plan to include single line diagram and under floor electric, (1) Mechanical plan showing RTU location(s) and tonnage. (m) Ductwork for connection to the air conditioning system, toilet exhaust system and any other ventilation system required by Tenant. (n) Any necessary structural drawings to include rooftop support to be prepared by a licensed structural engineer. All Plans shall be submitted for approval upon the earliest of (1) thirty (30) days after execution of this Lease and (ii) fifteen (15) days after written request by Landlord therefor, Any required revisions to the Plans shall be submitted within five (5) business days after Landlord's disapproval and/or request for revisions. No Tenant's Work may proceed prior to Landlord's written approval, which will not be unreasonably withheld nor unduly delayed. In the event that the completion of Landlord's Work and/or Tenant's Work is delayed as a result of the failure by Tenant to comply with its obligations contained herein, the Fixturing Period shall be reduced by the length of delay caused or contributed to by Tenant, unless due to events of Force Majeure. Tenant shall apply for all permits and licenses necessary for the performance of Tenant's Work within seven (7) days after the later of (x) the date Landlord approves Tenant's Plans and (y) the Possession Date, B-2 CSHOPCORE W-PERTHS 71 Docusign Envelope 1D: 2FA4A62D-24EF-4FEO-A807-6B0661 C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 Tenant acknowledges that Landlord's approval of Tenant's Plans (i) does not eliminate the need for Tenant to obtain all necessary approvals and permits required from any public or governmental agency or authority having Jurisdiction over the Shopping Center, and (ii) shall not be construed as a waiver of or the satisfaction of any laws, regulations, restrictions or requirements of record, conformance thereto being solely Tenant's responsibility. Tenant also acknowledges that Landlord has no liability to Tenant or any other person or entity as a result of Landlord's approval of said Plans for any defects, omissions, inconsistencies or shortcomings contained in such Plans or the work to be performed in accordance therewith. TENANT SHALL SUBMIT TENANT'S PLANS FOR LANDLORD REVIEW AND APPROVAL, SUCH APPROVAL NOT TO BE UNREASONABLY WITHHELD OR DELAYED, BOTH IN ELECTRONIC PDF FORMAT AND TWO (2) HARD COPIES, MINIMUM SIZE 18" X 24". ALL MECHANICAL ANDIOR STRUCTURAL DRAWINGS AND SPECIFICATIONS SHALL BE STAMPED BY AN ENGINEER DULY QUALIFIED AND LICENSED IN THE STATE IN WHICH THE SHOPPING CENTER IS LOCATED. ALL ELECTRICAL DRAWINGS AND SPECIFICATIONS (INCLUDING LIFE SAFETY AND FIRE SAFETY) SHALL BE STAMPED BY AN ELECTRICIAN DULY QUALIFIED AND LICENSED IN THE STATE IN WHICH THE SHOPPING CENTER IS LOCATED. ANY CHANGES TO THE PLANS THAT HAVE BEEN APPROVED BY LANDLORD SHALL BE STAMPED BY AN ARCHITECT OR ENGINEER DULY QUALIFIED AND LICENSED IN THE STATE IN WHICH THE SHOPPING CENTER IS LOCATED AND SHALL ALSO BE SUBJECT TO THE PRIOR WRITTEN APPROVAL OF LANDLORD. ANY INCREASE IN THE COST OF COMPLETING THE LANDLORD'S WORK (IF ANY) RESULTING FROM CHANGES REQUESTED BY TENANT SHALL BE FOR THE ACCOUNT OF TENANT AND LANDLORD SHALL BE REIMBURSED FOR SAME IMMEDIATELY UPON PRESENTATION OF AN INVOICE IN RESPECT THEREOF. B-3 CSHOPCORE 72 DocuSian Envelope ID: 2FA4A62D-24EF-41FE0-A807-6B0661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 EXHIBIT C TENANT'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO: 1351 South Federal (FL) Owner LLC ("Landlord") RE: Lease Agreement ("Lease") dated , 2022 with respect to Premises known as Unit No. in One Boynton located in Boynton Beach, Florida ("Shopping Center") The undersigned, Tenant under the captioned Lease, hereby certifies that the cost of all ieasehold improvements (excluding all Excluded Items (as defined in the Lease) made by Tenant, at its expense, to the Premises is $ The undersigned, Tenant under the captioned Lease, hereby certifies that, except as disclosed on a schedule attached hereto, the undersigned has paid in full or otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor and services performed and for all known indebtedness and claims against the undersigned for damages arising in any manner, in connection with the construction, improvement, fixturing, equipping decorating and furnishing of the captioned Premises by or on behalf of the undersigned. The undersigned further certifies that, to the best of the undersigned's knowledge and belief, attached hereto are releases or waivers of liens from every contractor, subcontractor, supplier of materials and equipment, and performers of labor or services, who have or may have liens against the Premises, the Shopping Center or other property of Landlord arising in any manner in connection with the construction, improvement, fixturing, equipping, decorating and furnishing of the Premises. The undersigned agrees that this affidavit may be relied upon by any investor or lender providing financing for, and by an insurer issuing title insurance with respect to the Shopping Center, EXECUTED ON , 20 C-1 TENANT: HAMARNAH DDS P. O..-;:a:.:Floridaprofessidridl'IlrFtiited---- r— IIity.eompaf5y , w....... Name: Sally Hamarnah, D.D.S. Title: Member C SHOPCORE P4GULRfI_5 73 DocuSign Envelope ID: 2FA4A62D-24EF-4FE0-A807-6B0661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 EXHIBIT D COMMENCEMENT DATE AGREEMENT In connection with that certain Lease Agreement ("Lease") dated , by and between 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company, as Landlord, and HAMARNAH DDS PLLC, a Florida professional limited liability company, as Tenant, Landlord and Tenant hereby agree as follows: 1. The Commencement Date (as defined in the Lease) is agreed to be 2022; and 2. The Expiration Date (as defined in the Lease) is agreement to be 2032 (unless extended, if applicable, or sooner terminated in accordance with the terms of the Lease). The parties hereto have executed this Commencement Date Agreement as of the day and year set forth above, IE LANDLORD: 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company By: ...... Title: TENANT: HAMARNAH DDS PLLC, a Florida professional limited liability company By: Name: Sally Hamarnah, D.D.S. Title: Member CSHOPCORE VRGREPNHI 74 DocuSign Envelope ID: 2FA4A62D-24EF-4FEO-A807-660661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 EXHIBIT E INSURANCE REQUIREMENTS From and after the Possession Date or such earlier date that Tenant or its agents, employees or contractors are permitted to access the Premises, Tenant shall maintain, at its sole cost and expense: (1) Where appropriate, "Specia[ Form" Insurance coverage (or its then equivalent successor) which shall include fire, flood, earthquake and extended coverage insurance, in an amount adequate to cover one hundred percent (100%) of the cost of replacement of all interior leasehold improvements installed by or for the benefit of Tenant, furniture, fixtures, non-structural components of the walls and storefronts, equipment, including, without limitation, any HVAC, trash compactor or other equipment located outside of the Premises, but that exclusively service the Premises, inventory, decorations and improvements in the Premises in the event of a foss; (2) Comprehensive boiler and machinery insurance if applicable; (3) All inclusive "Commercial General Liability" insurance (or its then equivalent successor), written on an occurrence basis with the broadest and most comprehensive forms generally available providing coverage for bodily injury, property damage, personal and advertising injury, including associated defense costs, with coverage for at least One Million and 001100 Dollars ($1,000,000.00) Dollars per occurrence and Two Million and 001100 Dollars ($2,000,000.00) Dollars in the aggregate; (4) An umbrella liability policy or excess liability policy having a limit of not less than Three Million and 001100 Dollars ($3,000,000.00), which policy shall be in "following form" and shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. Such umbrella liability policy or excess liability policy shall include coverage for Additional Insureds; (5) Plate glass insurance covering all plate glass on the Premises at full replacement value; (6) Business interruption insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against by Tenant hereunder for a period of 12 months; (7) Automobile liability insurance with a combined single limit for bodily injury and property damage of not less than One Million and 001100 Dollars ($9,000,000.00) each occurrence with respect to Tenant's owned, hired and non -owned vehicles; (8) Workers' compensation and occupational disease or similar insurance affording statutory coverage and containing statutory limits in accordance with applicable law, and employer's liability insurance with limits of not less than One Million and 001100 Dollars ($1,000,000.00) per occurrence; (9) If food and/or beverages are sold and/or consumed on the Premises, product liability coverage, including, without limitation liquor liability coverage, if applicable, and coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the Premises of not less than One Million and 001100 Dollars ($1,000,000,00) per occurrence for personal injury and death and property damage; and (10) Tenant agrees to carry at its own expense throughout the Lease Term or any renewal thereof, and in addition to any other insurance policy or policies which Tenant shall be required to maintain by the terms of this Lease, professional liability/medical malpractice insurance in the amount of One Million and 001100 Dollars ($1,000,000.00) covering the Premises and Tenant's use thereof, in companies and in a form satisfactory to Landlord, and to deposit a certificate of said policy or policies with Landlord prior to the date Tenant commences the operation of its business in the Premises. Said policy or policies shall bear endorsements to the effect that the insurer agrees to notify Landlord not less than thirty (30) days in advance of any modification or cancellation thereof. Should Tenant fail to obtain and/or maintain such professional liability/medical malpractice insurance, Landlord shall have the right, but not the obligation to (i) terminate Tenant's right to operate from the Premises until such time as Tenant shall provide proof of the insurance required hereunder, or (ii) obtain such insurance on behalf of Tenant and Tenant shall reimburse Landlord for the cost of such policy or policies immediately upon Landlord's demand, plus an additional fifteen percent (15%) of such cost as a reimbursement for Landlord's administrative expense. (11) Any other such other form or forms of insurance as Landlord and/or its lender(s) reasonably consider(s) advisable including but not limited to (a) rental income insurance, and (b) insurance endorsements applicable to green buildings, including (without limitation) coverage in order to repair, restore, replace and re -commission the Shopping Center for certification or recertification in accordance with any green building program. E-1 CCUE 75 DocuSign Envelope ID: 2FA4A62D-24EF-4FE0-A807-6t30661C17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 EXHIBIT F GUARANTY In order to induce 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company ("Landlord") to execute the Lease Agreement between Landlord and HAMARNAH DDS PLLC, a Florida professional limited liability company, as Tenant, dated (the "Lease"), the undersigned (individually and collectively referenced herein as "Guarantor") hereby execute(s) this Guaranty (this "Guaranty') in favor of Landlord, Its successors and assigns, and agree(s) as follows: 1. Guarantor shall (i) promptly pay all Rent and any other amounts payable by Tenant under the Lease; (€€) promptly perform each and every obligation of Tenant under the Lease; and (iii) indemnify and protect Landlord from any and all losses, expenses, penalties, demands, suits or costs incurred by Landlord (including legal fees) if Tenant fails to pay the Rent or other amounts or to perform any of Tenant's obligations under the Lease. This is a guaranty of payment and performance and not merely of collection. 2. Even if there is an Early Termination (hereinafter defined), Guarantor shall remain obligated under this Guaranty as though the Early Termination had not occurred. An "Early Termination" means a disaffirmance, disclaimer, repudiation, rejection or termination of the Lease (as a result of court proceedings or otherwise), or a surrender of the Lease that Landlord did not accept in writing, which occurs prior to the originally specified expiration date of the Lease. If there is an Early Termination, Guarantor shall, at Landlord's option, become Landlord's tenant on the terms of the Lease. 3. Guarantor's guaranty, as set forth herein, is absolute and unconditional. Guarantor's obligations under this Guaranty shall not be affected by: (a) any modifications to Tenant's rights or obligations under the Lease; (b) the fact that Landlord waives or does not enforce any of the terms of the Lease; (c) any assignment or other transfer of the Lease by Tenant or by any trustee, receiver or liquidator; (d) any consent that Landlord gives to any assignment or other transfer of the Lease; (e) any waiver by Tenant of its rights under the Lease; (f) any additional security accepted by Landlord from Tenant; (g) the expiration of the Lease Term or any extension or renewal thereof; (h) the release or discharge of Tenant by Landlord or in any receivership, bankruptcy, winding -up or other creditors' proceedings or by operation of law; or (i) lack of notice of any of the foregoing. Guarantor's obligations shall not be affected by any repossession of the Premises by Landlord, except that if Landlord re -lets the Premises then the payments received by Landlord (after deducting all costs and expenses of repossessing and reletting the Premises) will be,credited by Landlord against Guarantor's obligations under this Guaranty. Landlord is not required to notify the Guarantor that Landlord has accepted this Guaranty or that Tenant has failed to perform any of its obligations under the Lease. Nevertheless, if Landlord wishes to send any notice to Guarantor, it will deliver it or mail it by prepaid certified mail or recognized overnight delivery service addressed to Guarantor at Guarantor's address set forth below in this Guaranty. Any notice will be considered to have been given on the day it was delivered, or if mailed by U.S. mail, three (3) days after the date it was mailed, or if sent by recognized overnight delivery service, one (1) day after the date it was provided to such service. Guarantor may notify Landlord in writing of a substitute address for the above address. 4. If there is a default under the Lease, Landlord shall not be required to: (a) proceed against or pursue anything against Tenant first; (b) proceed against any security of Tenant held by Landlord; or (c) pursue any other remedy whatsoever. Guarantor is not a mere guarantor; the Guarantor is primarily responsible for Tenant's obligations under the Lease. 5. Even though Landlord may have already taken action against Guarantor under this Guaranty because of a default under the Lease, and whether or not that action has succeeded or been completed, Landlord may take further action against Guarantor under this Agreement if there is any further default under the Lease. 6. No modification to this Guaranty shall be binding, unless signed by both Guarantor and Landlord. 7. If two or more parties are named as Guarantor, each party is jointly and severally responsible for the obligations of Guarantor 8. Guarantor represents and warrants that: (a) No authorization, approval, consent or order of any court or other governmental body having jurisdiction over Guarantor is required on the part of Guarantor for the execution and delivery of this Guaranty; (b) This Guaranty constitutes a valid and legally binding agreement of Guarantor enforceable against Guarantor in accordance with its terms, except as the enforceability of this Guaranty may be limited by the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' rights generally and by general principles of equity; (c) There are no actions, suits or proceedings pending, or to the knowledge of Guarantor, threatened against or affecting Guarantor before any court, governmental agency or arbitrator, which may, in any one case or in the aggregate, materially adversely affect the financial conditions, operations, properties or business of Guarantor or the ability of Guarantor to perform its obligations under this Guaranty; and (d) The Guarantors have a direct and/or indirect financial interest in Tenant and will derive a material and substantial benefit from Landlord's agreement to enter into the Lease with Tenant. 9. Until all obligations have been irrevocably paid and performed in full, Guarantor shall have no right of subrogation and Guarantor waives any right to enforce any remedy which it now has or may hereafter have against Tenant, and any benefit of and any right to participate in any security now or hereafter held by Landlord, 10. Guarantor hereby waives (a) notice of acceptance of this Guaranty; (b) presentment and demand; (c) any right to require that any action or proceeding be brought against Tenant or any other person, prior to any action against Guarantor under the terms hereof; and (d) any circumstance whatsoever or any act of Tenant or any existence of or reliance on any representation by Tenant that might otherwise constitute a legal or equitable defense available to, or a discharge of, the Guarantor. 11. All of the terms of this Guaranty shall apply to Guarantor and to his or her heirs, executors, administrators, personal legal representatives, or its successors and assigns, as the case may be, and maybe enforced by Landlord, its successors and assigns, and any holder of any mortgage or charge over all or any part of the lands on which the Premises are located. This Guaranty may be assigned by Landlord without restriction. F-1 CSHOPCORE 76 DocuSign Envelope ID: 2FA4A62D-24EF-4FEO-AB07-6B066lC17062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 12. Any term used herein without definition shall have the same meanings as set forth in the Lease. 13. This Guaranty shall be governed by the laws of the state in which the Shopping Center is located. The parties agree that the courts of such state shall have exclusive jurisdiction to determine any matters arising hereunder, and the parties do hereby irrevocably consent to the exclusive jurisdiction of such courts to hear and resolve any issue with respect to this Guaranty and the interpretation thereof. 14. Guarantor shall execute and deliver to Landlord within ten (10 business days after receipt of any request, an estoppel statement or other certificate to the same extent as Tenant is required to deliver same to any existing, future or prospective mortgagee(s) or purchaser(s) of the Shopping Center or Landlord pursuant to the provisions of the Lease. 15. The death or disability of any individual acting as Guarantor, or the dissolution of any entity acting as Guarantor, shall not affect Guarantor's obligations hereunder, and the heirs, executors, administrators, successors and assigns shall remain liable for Guarantor's obligations hereunder. 16. If any term or provision of this Guaranty, or the application thereof to any person, entity or circumstance, shall, to any extent, be invalid or unenforceable, the remainder of this Guaranty, or the application of such term or provision to any person, entity or circumstance, other than those as to which it Is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Guaranty shall be valid and be enforced to the fullest extent permitted by law. 17. Guarantor waives the benefit of any statute of limitations affecting Guarantor's liability under this Guaranty. 18. Guarantor's address, telephone number and email address are as follows: Tamer Tim Dyab and Sally Hamarnah 3203 Renaissance Way Boynton Beach, Florida 33426-8829 Tamer Mobile: 407-902-7701 Sally Mobile: 561-317-7191 Tamer Email: Deyablo@hotmail,com Sally Email: sally.hamarnah@gmail.com 19. This Guaranty may be executed in multiple counterparts, each of which shall constitute an original and all of which taken together shall constitute one and same agreement binding upon Guarantor, notwithstanding that all the parties are not signatories to the same counterpart. In order to facilitate the agreements contemplated hereby, the signature(s) to this Guaranty transmitted as Electronic Copies may be used in place of the original signature(s) on this Guaranty. Each Guarantor (i) intends to be bound by Electronic Copies of this Guaranty, (ii) is aware that Landlord is relying on the Electronic Copies, and (iii) hereby waives any defenses to the enforcement of this Guaranty based upon the Electronic Copies. Promptly following the delivery of the Electronic Copies, Guarantor shall deliver to Landlord the original executed Guaranty. EXECUTED ON to be effective the same day as the effective day of the Lease. GUARANTOR: TAMER TIM DEYAB AND SALLY HAMARNAH, husband and wife, jointly and severally obligated EXHIBIT ONLY — NOT FOR SIGNATURE Tamer Tim Deyab EXHIBIT ONLY — NOT FOR SIGNATURE Sally Hamarah F-2 CSHOPCORE aeYcr,ia 77 DocuSign Envelope I❑: 2FA4A62D-24EF-4FE0-A807-6B0661C117062 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 EXHIBIT G RESTRICTIONS, PROHIBITED USES AND EXCLUSIVES Baciami Italian Restaurant Exclusive. Landlord will not execute any lease for space within the Shopping Center to any person or entity whose use thereof is an Italian - themed restaurant or a restaurant whose primary menu items are pizza, pasta and other Italian cuisine (the "Restricted Use"). The foregoing provision shall not be construed so as to prohibit Incidental Sales of such goods or services by other tenants of the Shopping Center; for the purpose of this provision, the term "Incidental Sales" means that, as to the items or services in question the annual revenues from sales of the same do not exceed 25%fl of the gross revenues of such other tenant derived from its premises. Common Grounds Coffee Exclusive. Landlord will not execute any lease for space within the Shopping Center to any person or entity whose use thereof is for the operation of a coffee bar (the "Restricted Use"). Kabuki Thai Sushi Tapas Exclusive, Landlord will not execute any lease for space within the Shopping Center to any tenant or occupant whose primary use is a Thai or Japanese restaurant (a "Restricted Use"). The foregoing shall not be construed so as to prohibit Incidental Sales of such cuisine by other tenants of the Shopping Center; for the purpose of this provision, the term "Incidental Sales" means that, as to the Items in questions, the annual revenue from sales of the same do not exceed 25% of the gross revenues of such other tenant derived from its premises. Souvlaki Fast Exclusive. Landlord agrees that it will not enter into any other lease for space within the Retail Area which lease shall permit the operation of a Greek -restaurant with its principal business being the sale of Greek food (principal business being defined as deriving more than twenty five percent (25%) of its gross sale from said principal use. Sweetwater Bar and Grill Exclusive. Landlord agrees that it will not enter into any other leases for storefronts in the Retail Area, which lease shall permit as a principal business, the operation of a spprts.bar. For purposes hereof, a sports bar is a bar having more than four (4) televisions per 1,500 square feet, billiard tables, and which shows televised sporting events on multiple televisions. The UPS Store Exclusive. Landlord agrees that it will not enter into any other lease for space within the Retail Area, which lease shall permit the operation of a retail store offering the following services for sale to the general public: UPS, DHL, FedEx, Airbourne overnight delivery services, postal services, packaging and shipping services, mailbox rentals, fax for profit, and copy and printing services. Landlord agrees that it will not place or allow to be placed any express mail and/or express parcel drop boxes within the Retail Area. Tipsy Salon & Spa Exclusive. Landlord agrees that !twill not enter into any other lease for storefronts in the Retail Area, which lease shall permit, as a principal business, the operation of a high-end, appointment only hair salon ("principal business" being defined as deriving more than twenty percent (20%) of its gross sales from men's or women's hair cutting, styling, coloring or other services offered by hair salons). Tsunami Subs Exclusive. Landlord agrees that it.will enter into any other leases for storefronts in the Retail Area, which lease shall permit as a principal business the sale of submarine sandwiches (principal business being defined as deriving more than ten percent (10%) of its gross sales from said principal use). G-1 CSHOPCORE uucer.n:s' 78 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 EXHIBIT H MEMORANDUM OF LEASE MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE ("Memorandum"), dated as of , 2022, by and between 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company (hereinafter called "Landlord"), and HAMARNAH UDS PLLC, a Florida professional limited liability company (hereinafter called "Tenant"). WITNESSETH: A. Landlord and Tenant have entered into that certain Lease dated , 2022 ("Lease") relating to certain leased premises ("Premises") located in the shopping center known as One Boynton, situated on certain real property in the City of Boynton Beach, County of Palm Beach, State of Florida, legally described on Exhibit A attached hereto. B. Landlord and Tenant now wish to memorialize of record that existence of the Lease and certain specific terms of the same. NOW THEREFORE, in consideration of the Lease and other good and valuable consideration, Landlord and Tenant agree as follows: 1. Landlord and Tenant have entered into the Lease effective as of 2022, to demise and let the Premises upon the terms and conditions more particularly set forth in the Lease, 2. The Lease Term shall be for an initial term of ten (10) years commencing on the Commencement Date, as such term is defined in the Lease. 3. Subject to the terms and conditions more particularly set forth in the Lease, Tenant has the option to extend the term of the Lease for two (2) consecutive periods of five (5) years each, with the first Option Term commencing upon expiration of the initial Lease Term, and subsequent Option Terms commencing upon expiration of the preceding Option Term. 4. The Lease contains the following provision: The interest of Landlord in the Premises shall not be subject in any way to any liens, including construction liens, for alterations or improvements made by or on behalf of Tenant. This exculpation is made with express reference to Section 713.10, Florida Statutes. Tenant represents to Landlord that any alterations or improvements that might be made by Tenant to the Premises are not required to be made underthe terms of this Lease and that any alterations or improvements which may be made by Tenant do not constitute the "pith of the lease" under applicable Florida case law. 5, Except as otherwise indicated herein, capitalized terms used in this Memorandum are defined as set forth in the Lease. 6. The sole purpose of this instrument is to give notice of said Lease and all of its terms, covenants, and conditions to the same extent as if said Lease were set forth herein. 7. This Memorandum of Lease is not intended to cover all the terms and conditions of the Lease and is not to be construed as restricting, enlarging, modifying or amending the Lease. Both Landlord and Tenant possess executed counterparts of the Lease to which reference is made for the exact terms, provisions and conditions. 8. The conditions, covenants and agreements contained in this instrument shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. In the event of any conflict between the terms and conditions of this instrument and the term and conditions of the Lease, it is agreed that the terms and conditions of the Lease shall control. [Remainder of page intentionally blank/signatures on following page.] M. 79 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as of the day and year first above written, LANDLORD; 1351 SOUTH FEDERAL (FL) OWNER LLC, a Delaware limited liability company Name: Peter Maggio Title: Authorized Signatory COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF PHILADELPHIA } The foregoing Memorandum was acknowledged before me this _ day of 2022, by Peter Maggio, an Authorized Signatory for 1351 South Federal (FL) Owner LLC, a Delaware limited liability company, on behalf of the limited liability company. Notary Public TENANT: HAMARNAH DDS PLLC, a Florida professional limited liability compal].y_........__._ �By: _......... _.....-_......... .......... � y Name: Sally Hamarnah " Title: Member STATE OF FLORIDA } } SS: COUNTY OF PALM BEACH } The foregoing Memorandum was acknowledged before me this lls-day of Q , 2022, by Sally Hamamah, a Member of Hamarnah DDS PLLC, a Florida limited liability company, on behalf of the limited lability company. ®ted\�®' yf l�A��vA✓s Notarylic Aq� r 0 71 Y yG M1NllsslVNIC.� \" a � e Q #G�G944726 P-7 Jlri!!l I I I I11►►��® This instrument was prepared by: 1351 South Federal (FL) Owner LLC C/o ShopCore Properties, L.P. Two Liberty Place 50 S. 16'" Street, Suite 3325 Philadelphia, Pennsylvania 19102 H-2 80 DocuSign Envelope ID: 4321F2D9-5856-4C2F-B121-CC5C56F64C51 EXHIBIT A LEGAL DESCRIPTION All of "Las Ventanas", according to the plat thereof, as recorded in Plat Book 110, at Pages 89 and 90 of the Public Records of Palm Beach County, Florida. Said lands situate in the City of Boynton Beach, Palm Beach County, Florida and contain 14,762 acres (643,021 square feet), more or less. H-3 81 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 CONSENT AGENDA AGENDA ITEM 10.E SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $31,861 to Hamarnah DDS PLLC d/b/a Dentology General, Cosmetic & Implant Dentistry located in One Boynton at 313 E. Woolbright Road SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build -out costs associated with the construction, repaid, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget for design fees up to a maximum amount of $10,000. CRA staff has received a complete grant application from Hamarnah DDS PLLC d/b/a Dentology General, Cosmetic & Implant Dentistry located in One Boynton at 313 E. Woolbright Road, Boynton Beach, FL 33435 (see Attachments 1-11). Dentology is proud to offer an extensive list of quality dental services to the residents of Boynton Beach and surrounding areas. Whether you need routine teeth cleaning or prompt emergency dental services, their team is here to help promote and maintain your optimal oral health. As the tenant for a medical office, the applicant falls under the terms of a Tier II business as outlined in the grant application. The applicant is seeking reimbursement for an interior build- out including floors, lighting, plumbing, electrical and HVAC improvements. The total cost of eligible property improvements is approximately $397,647 (see Attachment III). The associated design fees for the interior build -out total $13,722 (see Attachment IV). Per the grant application, design fees paid more than 60 days prior to Board approval are not eligible for reimbursement. The applicant paid the engineer in full on January 6, 2023 (see Attachment IV). The permit application was submitted to the City's Building Department on June 1, 2022. The applicant received the permit to begin work on September 2, 2022 and received their Certificate of Occupancy on April 18, 2023. Dentology is now open and operating out of their space. CRA staff support's the grant applicant's request for a waiver of this condition. 82 If approved, the applicant is eligible to receive a maximum grant of $25,000 in reimbursable funding for the property improvements and $6,861 in reimbursable funding for the design fees provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff or approval. FISCAL IMPACT: FY 2022-2023 Budget Project Fun, line Item 02-58400-444, $25,000 for property improvements; $6,861 for design fees CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $31,861 to Hamarnah DDS PLLC d/b/a Dentology General, Cosmetic & Implant Dentistry located in One Boynton at 313 E. Woolbright Road, Boynton Beach, FL 33435 and approve the request for a waiver of the 60 -day eligibility requirement for the reimbursement of design fees. ATTACHMENTS: Description • Attachment I - Commercial Property Improvement Grant Application • Attachment II - Location Map • Attachment III - Project Quote • Attachment IV - Engineering Quote and Invoices 83 r October 1, 2022 — September 30, 2023 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL PROPERTY IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the design, repair, and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for one year or more at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Initials Page 1 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 84 Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the commercial property owner or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. The applicant may also receive financial assistance for eligible design expenses associated with the project's architectural, electrical, mechanical, civil, and/or plumbing plans. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace—prog ram. php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). Initials Page 2 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 85 • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount (for a total not to exceed the maximum eligible grant amount). • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five-year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $140.00, which will be deducted from any grant funding awarded to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. Initials " Page 3 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 86 • In order to receive the full amount of any awarded grant, the property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the BBCRA will no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 90 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items (including design) completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • Grant funding may not be used for design fees alone. Grant funding for design fees will only be awarded when the grant funding will also be used for physical property improvements. Conversely, grant funding may be awarded for physical property improvements even if no funding for design funding is requested. The CRA may elect to fund only physical property improvements even if design funding is requested. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. Permitting and site plan modification reviews are required for all commercial projects. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. g Initials �„��;�"^ Page 4 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 87 Projects and items eligible for funding under this grant program are limited to: • Structural walls • Grease trap installation • Electrical systems, including exterior and interior lighting • Landscaping and irrigation within the project site • Fencing (excluding chain link, barbed wire, and wood panels) • Electric vehicle charging stations — See attached ReNew PACE Eligible Product List • Design fees associated with architectural, electrical, civil, plumbing and mechanical site plans • Plumbing • HVAC system • Hood & fire suppression • Parking lot re -paving, re -sealing, and/or restriping • Painting • Demolition of structure and re -sodding of vacant property • Solar electricity and water heating — See attached ReNew PACE Eligible Product List • Permit fees for eligible property improvements included as part of the licensed contractor's contract/invoice • Flooring • ADA Improvements • Signage • Doors/windows • Patio decks connected to the building • Roofing (Not to exceed 50% of total grant award) • Security cameras/system" (not including security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Firearm Sales/Shooting Ranges • Religion- Affiliated Retail Stores • Non-profit Organizations • Adult Gambling Arcades • Medical Research Centers/Housing • Massage/Personal Services • Churches/places of worships • Alcohol and/or Drug Rehabilitation Centers/Housing Initials a.. Page 5 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com L.E. • Check Cashing Stores • Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the • CBD Retail Stores BBCRA Area Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval, plus an added 20% for contingency funding, the total of which may not exceed the maximum amount of grant funding for which the project is eligible. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Gourmet Food Market • Bakery Tier Two Business • Hotels/Motels/Bed and Breakfast (the Board will grant no more than four approvals in this category per fiscal year) Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: Initials Page 6 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com L -h • Home D6cor/Design — home furnishings, art galleries, kitchen wares • Accounting Offices • Real Estate Offices • Marketing Offices • Fitness Facilities — yoga, dance exercise, martial arts, etc. • Auto Services Facilities — repair, storage, sales, etc • Specialty Retail Businesses — stationary, gifts, sporting goods • Other commercial facade only improvements • Boutiques — clothing, shoes & accessories • Law Offices • Hair/Nail Salons (no more than two approvals per fiscal year) • Medical Offices • Insurance Offices • Take Out Restaurants • Tattoo Parlor/Body Piercing/Body Art Shop (no more than two approvals per fiscal year) • Florists (no more than two approvals per fiscal year) Tier Three Business (Tier Three Businesses will receive no more than two approvals per fiscal year and improvements must be for commercial facade or security improvements). Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: • Liquor Store • Laundry/Dry Cleaner facility Tier One & Tier Two Businesses Grant Funding for Design Fees Tier One and Tier Two businesses are eligible to apply for funding assistance related to the design fees for architectural, electrical, civil mechanical and/or plumbing improvements. These design fees shall be for eligible property improvements as defined on page 5 of this grant application. Applicants are eligible to receive reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $10,000 for the design expenses associated with the project's architectural, electrical, mechanical, civil, and/or plumbing plans. If the design fees were Initials S,' .+ Page 7of19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 90 paid for prior to BBCRA Board approval, the applicant may request 50% reimbursement for design fees if those payments were made no more than 60 days prior to Board approval. Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease at the time of Board approval. The commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first -serve basis. Application packets must include the following documentation: 1. A non-refundable fee of $100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. Initials � Page S of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 91 2. Provide 2-3 sentence mission statement for the applying business entity. If the applicant is a commercial property owner, provide a brief history of the property and the current tenants of the space. This will be used as a way to introduce your business to the BBCRA Board. 3. Written detailed project budget describing the improvements to be done to the property. 4. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 5. If design funding is requested, cost estimate(s) from a qualified licensed design professional. The cost estimate must include: scope of work, the business name and business address of project, and the license number of the design professional. 6. Signage design, project color chips, material samples and material specifications, if applicable. 7. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 120 days of grant approval, or the grant award may be terminated. Applicants may apply for one 60 -day administrative extension to meet this requirement, and the BBCRA has the sole and absolute discretion to grant or deny such extension. Any extension granted under this paragraph is for this requirement only and does not extend any other deadline related to the grant. 8. Resume for each principal/owner of the business. 9. Copy of the corporate documents for the applying business entity.. 10. Copy of executed multi-year commercial lease agreement. 11. Copy of Warranty Deed. 12.Two years of corporate tax returns (for existing businesses only). 13.Two years of personal tax returns for the principal/owners of a new business. 14. Copy of design and construction plans associated with the proposed improvements. 15. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 16.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 17. Completed and signed application (attached). Initials Page 9 of 19 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 92 18. Authorization to perform credit check for the business and each principal/owner of the business (attached). 19. W9 Form and Vendor Application (attached). 20. City Planning and Development Department Acknowledgement Form (attached). 21. City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 20 and 21) must be completed and submitted to the appropriate departments, which are located at City Hall, 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6350. Approval of Funding Request All re uired documentation mustwwbe submittednnowlater thanwnoonwtwo weeksprior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Design Reimbursement This portion of the program is designed to reimburse applicants for design fees associated with the property improvements provided for in this grant. Funds must be paid to qualified Initials Page 10 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 93 design professionals licensed by the State of Florida in order to be eligible for reimbursement. Funds paid to licensed design professionals acting as subcontractors are also eligible for reimbursement. The reimbursement request shall be summarized in a report and accompanied by the following documentation for the completed design work: 1. Copy of contract/scope of work with design professional 2. Paid invoice describing work completed 3. Copy of final design plans (pdf copy preferred) 4. Proof of payment(s) totaling contract amount a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. b. Electronic payments must be in the name of the applicant and show the transaction date, amount, account name and recipient of payment. 5. Proof of permit application for (or including) item designed. Procedures for Property Improvement Reimbursement This portion of the program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Initials Page 11 of 19 Property Improvement 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 94 Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. b. Electronic payments must be in the name of the applicant and show the transaction date, amount, account name and recipient of payment. 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color "after" photos of the project. 6. A copy of the Certificate of Occupancy/Completion. 7. All in project costs to open or renovate the business for reporting of public to private dollar match By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING Initials Page 12 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 95 It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding Initials " Page 13 of 19 _. Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 96 APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable Current Business Address 2�3 Ll " S �.w...� 1 11 ° Fed ID#: ' m�� ,.... �. ..� .......- ............................... Business Phone Number: Cell: Website: _...ly Existing Business: Yes x No wwWwwW wwwwwwwmmmm Number of years in existence: 5 yrs Time at Current Location: k .-� e :.... " New Business to Boynton Beach: Yes N,/'No 11 y g _ No _ If so, monthly base rent: .-- i Do you have an executed lease agreement: Yes V"'. Business Address if New u applicable): Square footage of current location; Square footage of new location: . - q 9 q 9 _ww.w.w... Type of Business f ", w1w .v, :.. _.. � .. 1 Tier 1 Business: ❑ Tier 2 Business: 9 (Tier Classification subject to BBCRA Board Approval) Tier 3 Business: ❑ _w. Number of Employees: Hours of Operation �...w.. List of improvements seeking reimbursement for ...`fiCtwwwt-. .Xw" U r� cSv Requested grant amount for design fees:2-..._._.... _._._._.w�.w and property :w:wtr.o. p�er!ty � rt " J improvements: 0 1 $7, 000 =50% MAX $25,000 Page 14 of 19 Property Improvement 100 East ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boynton beachcra.com 97 ��r�rarwsmrclooi» aNtimJ➢au� /��+� BOYNTO weamBEACH hlpVr u COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Date of Birth:. Name: _ � � " � �_ Principal/Owner . _. µEmail' �__�� ._ - _.. Residential Address: Cell Phone Number: wwwww�e W °° 2. Principal/Owner Name:.. w w wyrtkwyw µ µ w w w Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: .Email: Residential Address: -- Cell Phone Number: 4. Principal/Owner Name: Date of Birth: _ _ Email: Residential Address: - Cell Phone Number: Are you applying for grant assistance under any other program offered by the BBCRA? Yes _X_ww No If yes, what additional programs are you applying for: .__._._._- o m m e r,.C.1,a .] ...Re r] _W.& e i 1a.11 .S e n e.ia. ...0 a 1a .......... _-_--w._ ................................. ..._.. _www__µ_.......... Page 15 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 - Phone: (561) 600 - 9090 www.boynton,beachcra.com 98 E5' Ime" mmoBEACH 11111STWA • Are you receiving grant assistance under any other governmental agencies: Yes _ No x Ifeslist an additional grant sources and a ou ts: PQ,M — C� nn a .r C,c �(l pp . tMt(J ti �� 6 LANDLORD INFORMATION: Landlord Name:. ,� .. ::-S ....... ........ ..w... �. -�-..w.......ww........w......._....._....w.w_ Address: Landlord's Phone Number: _. __MMM_ _......___. wwwwwwww......w_.wwwwwwwwww_wwwwwwwww—.w..... �._. CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. Initials Page 16 of 19" Property Improvement 100 East Ocean Avenue, 4`" Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 99 BOYNTO ovum aamBEr`, APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials Page 17 of 19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 100 BOYN tri` = B COMAWNI°, REDO `ELOPNI IV AG'i '4C -Y APPLICANT SIGNATURES: a 3. 4. APPLICANT INFORMATION Pn ncipal/Owner's Signature Date F� 4 Printed Name Title Principal/Owner's Signature Date Printed Name Title Principal/Owner's Signature Date Printed Name Title Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF �.U. COUNTY OF BEFORE ME, an personally appee me or produced_ ministerthe and take acknowledgements, who is are personally known to as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and tial seal in the State and County aforesaid on this day of � 20 1y NOTARY PUBLIC My Commis TWMSAWNRBACK Page 18 of 19 1 WCOMMISSION0KH221288 ArY;,•EXPIRES: Febn�M 6. 210 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 101 1. BOY'NTO CRA 111011000K mmBEACH COMMUNriY REDEVELOPMENT AGENCY LANDLORD INFORMATION Pik*] :4! 06/21/23 Latdord's Signature Date Jose h Valane Secreta of 1361 South Federal (FL) Owner LLC Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF Illinois COUNTY OF Cook BEFORE ME, an officer duly authorized y law to administer oaths and take acknowledgements, me personally orproduced' .�� apearewho is/are personally known to �_.-_ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in K and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of tSTARY PUF3LICrr LAK=stateof RD My Commission Expires:, -S-/2,46/ NotaryIllinoisMy Commy 22, 2024 Page 19 of19 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 102 6/5/23, 4:00 PM PAPA Maps DOROTHYJACKS H °� ,Y. n.,r.v�„ Wo vrhe« why roe , V""I eu+ https://maps. co. pal m-beach.fl. us/cwgis/papa. htm I?gval ue=08434528450020000 103 im mi a III IlII.... 13VIII i�i�i�i mre III imu m III 104 CONSTRUCTION AGREEMENT WITH OWNER Certified General Contractor FL License No. CGC1513183 THIS AGREEMENT is a CONTRACT FOR SERVICES and is made on May 16, 2022, by and between PETRA BUILDERS GROUP, LLC ("Builder) and HAMARNAH DDS, PLLC ("Owner") for work completed at 1499 S. FEDERAL HWY, SUITE 313, BOYNTON BEACH, FL 33435 where business is located in Palm Beach County, Florida, and identified as DR. SALLY HAMARNAH (the "Project"). The BUILDER and OWNER agree as follows: 1) Contract Documents. The terms of this contract include the terms and conditions of this contract and, incorporated by reference, the provisions in the other documents specifically listed herein. The terms of this agreement shall prevail over any conflicting provisions in the documents incorporated by reference. If a conflict exists between the plans and the specifications, the specifications shall govern. 2) The Work. Unless otherwise specifically noted, Builder shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services necessary for the proper execution and completion of the Project. The work shall be done substantially in conformance with the plans and specifications that have been initialed or signed by each party. These plans and specifications are attached to this contract and incorporated into it as Exhibit A. BUILDER SHALL NOT BE RESPONSIBLE FOR THE FOLLOWING: • Existing Building Code violations, repairs and existing conditions; • All Permit and Sub Permit fees; • Any governmental fees associated with construction; • Unforeseen, concealed, and hidden conditions that may affect the scope of work and/or work schedule, which will result in additional General Conditions costs; • Additional work requested by the building inspectors; • Changes by Owner, Architect and/or Building Department; • Builders Risk Insurance and Bonds; • Architecture/ Engineering Fees; • Any related costs to cover any errors and omissions on the permitted set of plans; • Temporary electric and water; • Burglary security; Initial 1S ' {Vl 105 Engineering, permits, and/or any other certifications; FPL or other utility companies fee; • All appliances; Receiving and handling and installation of appliances and appliances cords; Remedial work to the existing plumbing, HVAC, electrical, low voltage, fire safety and other utilities that are outside of the contracted scope of work; Parking; Signage; The discovery and/or removal or testing of any mold or any hazardous materials as defined by the Environmental Protection Agency (EPA) is excluded from the scope of work and the Builder reserves the right to stop work until such materials are removed; and any other work not described Exhibit A. 3) Contract Price. Owner agrees to pay the total contract price for all labor and materials furnished and work performed by Builder, THREE HUNDRED NINETY-SEVEN THOUSAND, SIX HUNDRED FORTY-SEVEN DOLLARS ($397,6470.00), including Florida State sales tax, subject to additions and deletions by change order as provided in paragraph 8. The contract price includes the allowances listed in the ALLOWANCE SCHEDULE attached to this contract and incorporated into it as EXHIBIT B. The allowance includes both materials and installation unless expressly noted otherwise. The parties agree that the allowances are not to be construed as bids by Builder and that the allowances may vary from the actual cost based on Owners' selections. If the cost of Owner -selected materials or their installation exceeds the material or installation allowance, the amount of that excess will be added to the next payment or the final payment. If the amount is less than the allowance amount, that amount will be subtracted from the next payment or final amount of the contract. 4) Payments. Owner will pay to Builder the Contract Price in installments consisting of an initial payment, progress payments, and a final payment on the completion of the Work. The period covered by each Application of Payment shall be one calendar month ending on the last day of the month. Provided that an Application for Payment is received, Owner shall make payment of the amount to the Contractor not later than the Fifteen (15) day after the date of invoice. Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of valued shall be prepared in such form and supported by such data to substantiate its accuracy. This schedule, unless objected, shall be used as a basis for reviewing the Contractor's Application for Payment. Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Each percentage of 2 Initial 1S ,'�>�+ 106 completion value per payment application shall have a Five (5retainage deduction that will be withheld until substantial completion is achieved. 5) Acceptance, Final Payment, and Occupancy. Upon receipt of written notice that the work is ready for final inspection and acceptance, Owner will promptly inspect the work and pay (or cause to be paid) the balance due under the contract less an amount equal to the cost to complete any missing or unfinished punchlist items. Builder agrees to provide Owner with a Contractor's Final Affidavit stating that all subcontractors and suppliers have been paid or showing those unpaid and the amounts thereof. The amounts withheld for punchlist items will be paid to Builder immediately upon completion of each of the punchlist item. 6) Commencement and Completion. Time is of the essence in the performance of the obligations of Owner and Builder under this contract. Work shall commence on the CONSTRUCTION START DATE, which shall be within FIVE TO SEVEN (�-7) days from the EFFECTIVE DATE of this contract, provided that a permit has been issued. Work called for herein is to be performed during Builder's regular working hours. Overtime rates will be charged for all work performed outside such hours at extra cost, if requested by Owner. Work shall be completed within approximately ONE HUNDRED DAYS (100) days from the Construction Start Date. Any time lost by reason of change in plans or specifications requested by Owner, other acts of Owner, strikes, weather conditions not reasonably anticipated, or any other conditions that are not within Builder's control shall be added to the specified time of completion and Builder shall not be liable for such delay. For any delays not the responsibility of Builder, the contract price shall increase by the difference, if any, in Builder's costs occasioned by such delay. 7) Taxes. Owner shall pay all real property taxes and taxes imposed upon the improvements on the residence when they are due. Builder shall pay all necessary sales, use, and similar taxes on materials used in construction that are legally enacted at the time this contract is signed. 8) Change Orders. a) Owner may, from time to time, order changes in the work, which will be authorized by a written CHANGE ORDER. Owner shall pay the reasonable cost of any such changes including overhead of 7 % and profit of 6 %. b) In the event the Builder is required by the Owner to perform additional work for which the amount of compensation is not previously agreed upon, the Builder shall prepare and submit to the Owner a proposal describing the estimated quantities and cost involved. The Builder shall keep accurate, detailed and itemized records of the costs of any such change and shall report such costs to the Owner. The Builder shall furnish to the Owner all documents required by the 3 Initial JS vel 107 Owner, to evidence the expenditures of the Builder as a result of such change. c) Builder is not responsible for unknown conditions that cannot be observed in a non-destructive inspection of the premises or conditions that differ materially from those (a) indicated or referred to in the contract documents or (b) ordinarily encountered and generally recognized as inherent in the work of the character provided for in this contract. Any hidden, concealed, or unforeseeable conditions, including code violations, that must be repaired, corrected, replaced, or overcome, shall result in a change order to the work. 9) Insurance. Builder shall purchase and maintain at Builder's own expense, all necessary workers' compensation and liability insurance, commercial general liability insurance, and comprehensive automobile liability insurance to protect Builder from claims for damages because of bodily injury, including death, and for damages to property that may arise both out of and during operations under this contract. 10)Owner's Obligations. Owner is to prepare all work areas so as to be acceptable for Builder's work under this contract. Owner shall furnish information and services under their control to Builder promptly to avoid delay. Owner warrants that all utilities necessary for the completion of construction are to the property line and/or accessible to Builder. 11)Supervision. Owner agrees that the supervision of the work performed under this Agreement is under the exclusive direction of the Builder, and Builder shall have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work. OWNER SHALL NOT INTERFERE WITH THE WORK, NOR CAUSE ADDITIONAL WORK TO BE CARRIED ON WITHOUT THE WRITTEN CONSENT OF THE BUILDER. ALL OF THE WORK SHALL BE DONE BY THE BUILDER OR SUBCONTRACTORS IN DIRECT CONTRACT WITH THE BUILDER. 12)Disputes. Should any dispute, action, claim, or proceeding arise related to the validity, construction, enforcement, or performance of this contract, such dispute, action claim, or proceeding shall be instituted exclusively in the state courts located in Palm Beach County, Florida. 13)Termination. If Builder fails to supply proper materials and skilled workers; make payments for materials, labor, and subcontractors in accordance with their respective agreements; disregards ordinances, regulations, or orders of a public authority; or fails to materially comply with the provisions of the contract, Owner may give Builder written notice to terminate. After seven (7) days if Builder has failed to remedy the breach of contract, Owner can give a second notice to terminate. If Builder still fails to cure the breach within seven (7) days after the second notice, 2 Initial JS �4k 108 Owner may terminate the contract. 14) Warranties. A. ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE WORK TO BE PERFORMED IN ACCORDANCE WITH THE SPECIFICATIONS SUBMITTED FOR THE ABOVE WORK AND COMPLETED IN A SUBSTANTIALLY WORKMANLIKE MANNER. B. BUILDER AGREES TO PROMPTLY MAKE GOOD, WITHOUT COST TO OWNER, ANY AND ALL DEFECTS DUE TO FAULTY WORKMANSHIP WHICH MAY APPEAR WITHIN ONE (1) YEAR FROM THE DATE OF COMPLETION AND ACCEPTANCE OF THE WORK BY OWNER, PROVIDED THAT THE OWNER IS NOT IN BREACH OF THIS CONTRACT, INCLUDING HAVING PAID IN FULL PER THE CONTRACT TERMS ANY MONIES DUE. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY PROVIDED BY BUILDER. C. ANY IMPLIED WARRANTY OF HABITABILITY EXTENDS ONLY TO THE CONDITIONS OF THE PROJECT AT THE TIME OF COMPLETION AND DOES NOT EXTEND TO ANY CONDITIONS NOT KNOWN OR UNDER THE CONTROL OF THE BUILDER AT THE TIME OF COMMENCEMENT OF THE PROJECT OR TO ANY DEFECT CAUSED BY CONDITIONS OCCURING SUBSEQUENT TO THE COMPLETION OF THE PROJECT. D. ANY IMPLIED WARRANTIES INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, AND GOOD WORKMANSHIP ARE DISCLAIMED AND LIMITED TO PROVISIONS OF THIS SECTION. 15)Right to Cure. ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. 16) Representations. This Agreement constitutes the entire agreement between Owner and Builder, and supersedes all prior negotiations, representations, understandings and agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Builder. Owner acknowledges that Builder has made no guarantees, warranties, understandings, nor representations (nor have any been made by any representatives of Builder) that are not included in the contract documents. 5 Initial JS 109 CONSTRUCTION INDUSTRIES RECOVERY FUND PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE -LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 1940 N. Monroe St., Tallahassee, FL 32399-1039(850) 487-1395 17) Miscellaneous. A. Owner and Builder both represent that they are ready, willing and able to carry out the terms, provisions and conditions of this agreement. Owner's, or Contractor's refusal or inability to fully perform any of the terms of this Agreement shall give either party the right to declare this agreement null and void and either party shall have the right to bring any and all legal and/or equitable actions against the other in conformity with the Laws of the State of Florida. Both the Contractor and the Owner shall additionally be entitled to recover all costs, losses, damages, and expenses incurred (excluding lost profits, and loss of work and earnings); including but not limited to reasonable legal and attorney's fees, including the attorney's fees and costs of any appeal and/or collection of any judgment. B. All materials shall be furnished in accordance with the respective industry tolerance of color variation, thickness, size, finish, texture, and performance standards. C. Builder reserves the right to substitute building materials, appliances, equipment, fixtures or other items in the Project which may be necessitated by government agencies, job conditions, design changes deemed necessary by the architect, lending institutions, by the availability of materials, colors, brand names, or by material shortages, strikes, or similar situations, which in Builder's judgment require such changes, with prior notification to the Owner; provided, however that any substitute materials shall be of substantially similar or better quality to those specified in the Contract Documents. 18)Indemnification. Owner waives any rights or claims Owner may have against Builder for any personal injuries and/or property damages incurred by anyone other G•1 Initial 1S 3 r 110 than Builder and/or Builder's subcontractors on the property during the period of work, and shall indemnify, defend and hold Builder harmless from any claims asserted for such alleged injuries and/or damage. Owner shall hold Builder harmless and shall defend and indemnify Builder for any claims, actions, suits, awards, damages, or other liability, including, without limitation, attorney's fees, professional witness fees, court costs, and other charges, arising out of or related to (i) Owner's breach of any term, condition, or representation in this Agreement; or (ii) arising out of or related to any claims, actions, awards, liabilities, or damages for any injury to person or personal property arising out of Owner's visits (including invitees and guests) to the premises and/or residence. For purposes of any indemnification provisions in this Agreement, the term "Builder" shall include its respective officers, directors, employees, agents, sureties, subcontractors, suppliers and servants. 19)Governing Law and Assignment. This contract will be construed, interpreted, and applied according to the law of Florida. This contract shall not be assigned without the written consent of all parties. 20)Force Majeure. A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, unavailability of materials, government orders or any other force majeure event. 21)Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been received by the person to whom it is addressed when delivered if delivered in person or three (3) days after it is deposited in the United States mail, if mailed by certified/registered mail — return receipt requested, and addressed as follows: If to Builder: Jeremy Scholz, Petra Builders Group, LLC, 1851 W. Indiantown Rd., Suite 104-B, Jupiter, FL 33458 If to Owner: HAMARNAH DDS, PLLC, DR. SALLY HAMARNAH, 1499 S. FEDERAL HIGHWAY, SUITE 313, BOYNTONBEACH, FL 33435 22) Waiver of Jury Trial. BY SIGNING THIS AGREEMENT, BUILDER AND OWNER AGREE THAT THEY ARE GIVING UP AND IRREVOCABLY WAIVING ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. 23)Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of 7 Initial JS SN+ ill this Agreement, which shall remain in full force and effect. 24)Effective Date and Signature. This contract shall become effective on the day it is signed by both parties. 25)OWNER ACKNOWLEDGES RECEIPT OF THE FLORIDA CONSTRUCTION LIEN LAW WARNING ATTACHED AS EXHIBIT C. WE THE UNDERSIGNED, have read, understand and agree to each of the provisions of this contract and hereby acknowledge receipt of a copy of this contract. Owner's Signature q�t 5r, v✓ Builder's Sign ture Exhibit A - Plans and Specifications Exhibit B - Allowance Schedule i02 /22 Date 6/2/22 Date Exhibit C - Florida Construction Lien Law Warning Exhibit D — Building Materials Rider Ell So��\� 1-lO�rcrCy�oh Owner's Name Printed JEREMY SCHOLZ Builder's Name Printed Initial JS S�A 112 Exhibit A - Plans and Specifications Drawings issued by TREB ARC, INC, dated 03/17/2022 shall constitute the Plans and Specifications. The following description of work to be completed shall constitute the Plans and Specifications: D The Job Description and Pricing signed by the Builder and Owner shall constitute the Plans and Specifications. 0 Initial JS Z4 113 Exhibit B - Allowance Schedule The Job Description and Pricing signed by the Builder and Owner shall constitute the Allowance Schedule. PIE",rRA 1.1LAI-1113EIRS 311ROI011P To, - Df. SaW Haniamah 1499 S. Fedeial Hv7, Ste #313 Bo7iitan Beach, FL 33455 1, �",; T IN, f AT I H"STP,",%Tj �� 2 1 �j , V 0- -Apfd 4, 2022 10 1 1 l I I j Di. Hanimiah �OP, Denud-1,838 sqfo , 111'11:,Xiliv� III 1111 NOR Pearlit Nothichided. Permit Fees Pemilt Fee, Demohhon No Demohtion Required Cit, Remove, Prep, & Replace Concrete foo. I 7ndetgromid Utiht7 TrenchingIndudes Concrete @ Concl:ete Emstaig Flirt Area S1113131Y and InstqR Afetod Fvanut�-, -'WS" Level 4 FmisL-mag, Typical Badmig, Dental Fvanmg & Di7,vO _ Insitibon Backinp Suppl,,and Install HVAC S,�tem as Per 'MedimucA Phms. HV -AC Equipment XLinufactlife Alech"Imcal Rhm, n, (IJ 3 T6n k, (i J 4 T6n. Enis tmg Copper Refugenuit Lines To Be Used (U pgna de Theumstats, to Ecobee Smart Themiostats) S1113131Y and InstqR Slater Lghting Focture Package With Pendmit Llk Sconce Lighting ADow"inced ElectLuld Per Phul, Nffv Electric"d Semce, Low Voltigp, Stub I-Tps,,0ccujsanc7 Sensors, Po,,vefmad Lightaig La 7out Per. Pham Phinibmg, Suppl,,,,uid InstqR Au, Wa3te, ;z Vent PipmgPhimbmg, Fatur-, Per Plans. A locbficqtion ofEymtmg Fire Spry System To Meet NFPA s Standafd. Pem-utFee,&I'em-ul Fim spm2def P roces &LT, Fee, Are' Not Include& Fire, Alcon Ins talation of New Fixe Alarm System To Meet NFPA Stand2i& (Anowmced) 10 8,920.00 57,36000 35,082.00 63,700.00 4 1,000.00 9,700.00 S,f)00.00 Initial JS A4 114 Flaomig Supjsl7, Piep, & histall 12" x 24"'Tile-Tith TUe Nbteml ARowanced (a, $3.50 Pei, Sqft. Pantjnag oC aU Dr;1.v,,ffl Suffaces cRz Doors with ( 1) Coat Pmier,,,2j Coats Fahsh Paint, NoAccent Paint WqU,s. ,'2) Paint Colon Gnisen Low Voltage (40) CAT6 Dfops, (1) 48 Port Patch Patiel, (1) 12U Neftofk Rack, {6) HID it Loops Lom Emani Room ComputefNionitais to Exams TVs General Requireinents �4 1 �i Dumpsters, (I} Cointiactioti Restroosn., Fml Cle,,,uiag Clearmg of Exteliof Wmclowb 8z Doofs Inside & Cut Geneul Catichtinin Pycqect ALUlagement Insunince Genefal LiabilitT, \'Co&ers Compensatioii, and -AutomobJe lrisufancps A change in pace of ani item increased by 3a'. frcqn date of this estiniate is considered a significant increase, thas the sipifficam increase shall be passed to Clietit 11 30,593.00 3,072.00 14,900.00 10,675.00 8,900.00 5,730.00 29,990.00 7,21000 7,359.00 4,3510.00 11,600.00 4,852.00 362,993.00 34,654.00 $397,647.00 Initial JS /' 4 115 Supi2y & Instill Docy Fraines, Pocket Doof Fr.,,unes, Solid Cafe Doof Slabs, & Door Haidwlfe. Doois & Thin Supply & I ristill I nteriar Windc,,vs Pei Phm. Fi:c�sted Filen Not I ticlude& (All Doors To Be Single Lite French Doors, F-xcept Bathrocna & Dental Equipnwnt Closet Dooi�ffaidng Room Doors To Have Aich e d Glass Trin soin Above) Baseboar& Suppl� and Install 5-1/4" Squaie Stock Wood Base Supply aiid Install Typical Cabinetq Pea Aichitectuiml Details Given. (4 Treatment Rooms & Cabm", Stedlizati(m Cabinets and Countertops Supplied by Dental lkep) Supply and Install Level I Qu2itz @ Reception Tmisaction Tops, Reception Wofkiiig Surfaces, Solid Surfaces Wad: Area, Futxue Treatment / Dff. Office, & Future Hospitality BaE (4 Treatment Rooms & Sterilizati(mi Countertops Supplied by Dentat Rep) job Piogiess Pimchout & Ilatenals, (2) Fine Extitiguishen & (2) Seim Recessed Fife Emtnguishef CAtpentq Cabiiiets, BatImoin Access ocies, (3) TactL- Exit Sigm, (4) Wall Mount X-R2y Backin� (R&niove- Drinking Fountain & Cap Plumbing Behind Drywall After Final Inspections) ceiling Tile Suppkr and Install Amis tiong Cirrus # 589 and 15! 1 G " Ghd as Pei Plaais Flaomig Supjsl7, Piep, & histall 12" x 24"'Tile-Tith TUe Nbteml ARowanced (a, $3.50 Pei, Sqft. Pantjnag oC aU Dr;1.v,,ffl Suffaces cRz Doors with ( 1) Coat Pmier,,,2j Coats Fahsh Paint, NoAccent Paint WqU,s. ,'2) Paint Colon Gnisen Low Voltage (40) CAT6 Dfops, (1) 48 Port Patch Patiel, (1) 12U Neftofk Rack, {6) HID it Loops Lom Emani Room ComputefNionitais to Exams TVs General Requireinents �4 1 �i Dumpsters, (I} Cointiactioti Restroosn., Fml Cle,,,uiag Clearmg of Exteliof Wmclowb 8z Doofs Inside & Cut Geneul Catichtinin Pycqect ALUlagement Insunince Genefal LiabilitT, \'Co&ers Compensatioii, and -AutomobJe lrisufancps A change in pace of ani item increased by 3a'. frcqn date of this estiniate is considered a significant increase, thas the sipifficam increase shall be passed to Clietit 11 30,593.00 3,072.00 14,900.00 10,675.00 8,900.00 5,730.00 29,990.00 7,21000 7,359.00 4,3510.00 11,600.00 4,852.00 362,993.00 34,654.00 $397,647.00 Initial JS /' 4 115 Exhibit C - Florida Construction Lien Law Warning ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001- 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB - SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. Owner a (o (o`)- / 22 Date 12 Initial JS ?,a 116 Exhibit D - Building Materials Rider The contract price for this construction Project has been calculated based on the current prices for the component building materials. However, the market for the building materials is considered to be volatile, and sudden price increases could occur. The Builder agrees to use his best efforts to obtain the lowest possible prices from available building material suppliers, but should there be an increase in the prices of the building materials (in excess of 3% of a component material) that are purchased after execution of the Construction Agreement with Owner for use in this construction Project, the Owner agrees to pay that cost increase to the Builder. Any claim by the Builder for payment of a cost increase, as provided above, may, at the Owner's request, be supported by a written notice by Builder to Owner stating the increased cost, the building material or materials in question, and the source of supply, supported by invoices or bills of sale. WE THE UNDERSIGNED, have read, understand, and agree to each of the provisions of this Building Materials Rider and hereby acknowledge receipt of a copy of this Building Materials Rider. Sa kki Owner's Signature Date Owner's Name Printed Builder's Si nature 6/2/22 JEREMY SCHOLZ Date Builder's Name Printed 13 Initial JS '&#k 117 Tr bA rc a r c h i t e c t u r e d e s i g n plar�ning 7. Optional Post ex it Management: TrebArc involvement with post permit management shall include the following: A. Coordination of Contractors RFI (Request for Additional Information), 13. Coordination of plan adjustments necessary based on unknown or hidden conditions, C. Coordination and plan adjustments as requested by client during the construction process D. Submittal review / approval process E. Monthly on-site verification meetings for pay application approvals and scheduling coordination thru-out the duration of the construction. (5 visits included in this proposal). 8. Final as -built documents with all on site modifications to be issued to the client via pdf and 1 set hard copy f6r records. IIIAM 0 I= 1111 ",1 ;1 1 � 1 11111 1;1 11 9, The followina is not inchided in the base fixed fee A, Exterior signage, contracted independently with specialty sign company as required for permitting. B, Interior Design finish selections (ie. Paint color, final color selections for all finishes.) TrebArc will complete a room finish schedule with "Final Selections to be determined and approved by the Client prior to ordering". C. Fire Sprinkler and Fire Alarm systems (if required a 3111 party engineering company performing the work is required to issue documents for the overall scope of work). DCoordination with vendors and distribution of finish materials other than the dental design team shall be regarded as additional services at the Client's request. E. Construction cost estimating is not included. This shall be issued in a bid forrnat by the selected contractors requested to bid the project 7501 NW 4h Street #212e Plantation, Florida 33317 954.240 2614 e� ictrebbien Porida License No. AR94258 118 I= TrebArc an r c h i t e c t ki r e a,./ e s i g n p I ii rn an u n g ArchitecturaV and Lngineerh, ig_for the IntedRLimargymot. .5 peer s—qLjar—e—feet @ 1,800 SqFt, totaiing $13,500, Scope of work is 31% ovn:)IiraH construction cost, estknated at $150/SF @ 1800 Square Feet totakng an esfirnated constr-LIGfiOrl COSt Of $ 270,000, totaling for a post perrrk aianagernent fee of $8,100 This totap shaH be deterrnined upon Vie see(,,,flon Of YOUr contractor and said contracted construcfion cost, **k subJect to additionai Enforrnafion -- not to exceed"' Total proposed fees for ArchitectUrap and Engineering and post perrnl°t rnanagefrient services: $21,600 PLEASE NUTE: the ArcNtectural and Erigineering services fee proposal totaEs $13,500, T'he post perrnit rnanagenient agreenia:Nlt iS iSSILRad as opfionM services with the fees schedUe as foHows Schedule of payments: Payrnent shaH be separated irito 2 secfions� 1, Architectural and Engineering Services for the construction dOCLIments $13,500: A. At the firne (,�)f signing of this agreerrient, an HtW (Jeposit payrnent of $2,700 (200/6 the toU contract) shali be due. B, A proqr(rss payrnent of 30% ($4,050) shaH be due Ur)0fl the design developrnent cornpleUorr Rr4 dirnensiorie(J floor p,ian, ceiling ppan electrical power plan and data plan. Csecond progress payrnent of 4(T0,16 ($5,400) shaH be due upon the cornpetion of the construction doCUrnents for fiinal bidding and lssa,mnce for pennit SUbmission to the bukling departrnent for revs ew and approval, D, A final 10% payrnent of $1,350 shiall be dUe UP011 the issuance of the permitto comrnence wfth conStRMfion 2. Post Permit Mare agernerat $8,100: These fc-,,,es shall be divided into 5 rnonthiy payrnents of $1,620 each. To reiterate, these post perrnit rnariagernent k1les are subject to the contracted aMOU11t of the construction contract — not to exceed. Pease indicate YOUr acceptance of fl"Os proposal by signing bek)w. We appreciate YOUr bUsinessE Dr. it Harnarnah, DDS 7501 NMI 4"' Stre�et #212e ,. (.;Jrebbien Florida Liceme No, AR94258 am Plantation, Florida 33,317 954 240 14 119 TrebArc, Inc. 740 NW 66th Avenue Plantation, FL 33317 US eric@trebarc.com Tmo,'%. b A l i 10 Dr Sally Hamarnah DDS 21268 Hamarnah Dentistry 1499 S. Federal Hwy, Suite 313,315 Boynton Beach, FL 33435 Architectu nl Services Deposit invoice for Architectural and Engineering Services 2,700.00 2,700.00 2,700.00 120 TrebArc, Inc. 740 NW 66th Avenue Plantation, FL 33317 US eric@trebarc.com A0,1%. b A l i 10 Dr Sally Hamarnah DDS 21268 Hamarnah Dentistry 1499 S. Federal Hwy, Suite 313,315 Boynton Beach, FL 33435 Architectu nl Services progress invoice: due upon the completion of the construction documents for final bidding and issuance for permit submission to the building department for review and approval`" PAYMENT 9,672.00 9,672.00 9,672.00 121 TrebArc, Inc. 740 NW 66th Avenue Plantation, FL 33317 US eric@trebarc.com A0,1%. b A l i 10 Dr Sally Hamarnah DDS 21268 Hamarnah Dentistry 1499 S. Federal Hwy, Suite 313,315 Boynton Beach, FL 33435 Architectu nl Services Final 10% payment, due upon the issuance of the permit to commence with construction 1,350.00 1,350.00 1,350.00 122 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 CONSENT AGENDA AGENDA ITEM 10.F SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $14,040 to Picnics in Paradise LLC located in Casa Costa at 466 N. Federal Highway SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Picnics in Paradise LLC located in Casa Costa at 466 N. Federal Highway, Boynton Beach, FL 33435 (see Attachments 1-11). Picnics in Paradise is a purveyor of luxury in the form of pop-up picnics, event planning, design, styling, custom decor and more. In response to the 2020 pandemic, Picnics in Paradise was formed as a creative outlet for Phoebe Kolesar (owner) and the solution to provide a safe space for gatherings and celebrations. Picnics in Paradise began as intimate pop-up picnics and evolved into a full-service event planning service. After two years of operation, Picnics in Paradise has expanded into its first studio space in Casa Costa and provides a rental event space to celebrate engagements, baby showers, bachelorettes and everything in-between. As a specialty event boutique, Picnic in Paradise will employ three team members for studio managers who assist with studio upkeep, event prep and event execution. Under the terms of their Landlord -Tenant Lease Agreement, the base rent to be paid by the applicant is $2,340 per month (see Attachment III). Picnics in Paradise qualifies as a Tier II business (as specified in the grant application) and would received reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,250 per month for a 12 -month period, whichever is less. If approved, Picnics in Paradise would be reimbursed in the amount of $1,170/month for a period of 12 months or a total grant amount of $14,040 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2022-2023 Budget, Project Fund, Line Item 02-58400-444, $14,040 123 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $14,040 to Picnics in Paradise LLC located in Casa Costa at 466 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description • Attachment I - Commercial Rent Reimbursement Grant Application • Attachment II - Location Map • Attachment III - Lease 124 m m� ars l BOYNTOK =BEACI C INAMUNnY ( DEV) I) ( ENT ASW INI ' October 1, 2022 — September 30, 2023 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation or expansion. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. initials „ Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 125 Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 126 Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials Page 3 of 15 _W12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 127 • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business -means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Religion -Affiliated Retail Stores • Non-profit organizations • Check Cashing Stores • Kava Tea Bars • Adult Entertainment • Adult Arcades • Alcohol and/or Drug Rehabilitation Centers/Housing • Massage/Personal Services • Auto Services Facilities — repair, storage, sales, etc • CBD Retail Stores, etc. • Convenience Store • Churches/places of worship • Medical Research Centers/Housing • Tattoo Shops / Body Piercing / Body Art Shops • Liquor Stores • Vapor Cigarette, E Cigarette Stores • Pawn Shops • Any other use that the BBCRA staff or BBCRA Board determine will not support the redevelopment of the BBCRA Area Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in 12 monthly payments). Initials Page 4 of 15 __N2 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 128 Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in 12 monthly payments). Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design — home furnishings, art galleries, kitchen wares • Accounting Offices • Real Estate Offices • Marketing Offices • Fitness Centers • Specialty Businesses — stationary, gifts, sporting goods • Take-out Foods • Clothing Boutique — clothing, shoes & accessories • Law Offices • Hair/Nail Salons (no more than 2 approvals per fiscal year) • Medical Offices • Insurance Offices • Laundry/Dry Cleaner facility • Florists (no more than 2 approvals per fiscal year) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease at the time of Board approval. The commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Initials Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 129 • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, -or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All Initials V12 Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 130 applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-served basis. Application packets must include the following documentation: 1. A non-refundable fee of $100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce your business to the BBCRA Board. 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). 6. Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners of a new business. 9. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 10. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 11. Completed and signed application (attached). 12. Authorization to perform credit check for the business and each principal/owner of the business (attached). 13. W9 Form and Vendor Application (attached). Initials Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 131 Approval of Funding Request All re uired a lication documentation must be submitted no later than noon two weeks prior to the second Tuesda of the month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initials Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 132 In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If a licant does not submit its month) reimbursement re west within 30 days followin the end of the next month in whichafaplicant isjpqpggjnreimburseme!jt,,_gpplicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 133 ern„ fWtiry�ii'dO,Wk W�W(RII ,BOYNTO ,=BEACI MOO$ W COMMUNIff REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (and d/b/a if applicable): Current Business Address: Fed ID#: t% M - MIS Business Phone Number: I -610 - R bl Fax: Website: WWkf-- Existing Business: Yes No _ Number of years in existence: Time at Current Location: � Vul, , New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: 12. 1 A q 9 - New Business Address: Square footage of current location: Square footage of new location: Type of Business: w j Number of Employees: _ Hours of Operation: MVIA rl V V6b� Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue, 41h Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 134 BOYNT01 =BEACH,'C,R,A 1. Principal/Owner Name: VI WMA--LTMI'� Date of Birth: Email: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Residential Add-tess.- Cell Phone Number: E0aiL 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date PfBirth: Email: Address - Page 11of1S Rent Reimbursement 1OOEast Ocean Avenue, 4mFloor, Boynton Beach, FL3343S—Phone: (SG1)GOO'9U9O xxxvvv.boyntunbeachcra.comn 135 '"RA BOYNTO =BEAC 1WELOPMU CTE ; APPLICANT INFORMATION Are you applying for grant assistance under any other program offered by the BBCRA? Yes _...... _, No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes _ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: p Landlord Name: y S Landlord's Mailing Address: � ��'� � • X�i(r�1b1k(i�l '� CtS.�.in � Tai � Z �a Landlord's Phone Number: .SI µM CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 136 BOYNTO' �NIi011(Oi�l(IIOI��l�l��r �� RA APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 137 r fpr i� y pwli � BOYNTO 1. �I�1��1�1)1��111d1�1110�1��'� � imi ��u«ror�, APPLICANT INFORMATION APPLICANT SIGNATURES: OU 1. Printed Name Title 2. Principal/Owner's Signature Date ,..m...... . .......... _.... . .................... .............. _...�., �,� µ ......,_µ ....... Printed Name Title 3. Principal/Owner's Signature Date Printed Name _..._�.�.�,.�,....�.�. Titletlµ� Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually "1 STATE OF fi COUNTY OF BEFORE,M an officer du y auth ize( Ltoc mister oaths and take acknowledgements, personally appeared g/are personally known to me or produced_ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. y P a IN WITNESS OF THE FOREGOIN, I have set my hand 'd office seal in the State and C punty aforesaid on this da of s � My Commission Expires: Mai Mt Page 14 of 15 J. WO MIONIHH221288 Rent Reimbursement �,,,, OSRE& Febru" 5, 2026 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 www.boyntonbeachcra.com 138 2. Landlor 5'Sign Printed "Nameyuyuy Landlord's Signature Printed Name r of r �ir i BOYNTON' �//// JfJ ppb//// �( ��j� U ��l�l�)91nr��f %�(u19a � f e� � ��. mml �� uv� � if u, COMMUNITY ENCY LANL INFORMATION Date Title Zr Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF _........_... '�,•°r,.:"` �..�_..ww... . _... COUNTY OF — d s and take acknowledgements, personally E ice duly appeared utho ize y I�aw to administer oathwho is/are personally known to P Y aPp me or produced_wJIm M*M*, as identification, * and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE aforesaid on this .w a , Y and official 20 n p tY C FOREGOING, I have set y of and ial se� I m the State and County l aNtrA H caUEu "+0tary oLbiic - State of Florida NO RY PUBLIC .� comm;s5;or, - �H as ao� M Commission Expires: My Comm. Expires jar 31, 2025 Y p Page 15 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 — Phone: (561) 600 - 9090 www.boyntonbeachcra.com 139 6/6/23, 8:46 AM PAPA Maps DOROTHYJACKS A AS H :h�°� ,Y. n�,r�v�„ , �,��y��v�11��da�°��n`"�'lll';llllllllllllllllll' Wo vrhe« whu roe , V""I eu+ https://maps. co. pal m-beach.fl. us/cwgis/papa. htm I?gval ue=08434522470110040 140 Commercial Lease THIS COMMERCIAL LEASE ("Lease"), made and entered into as of this '-L day of October, 2022, by and between COSTA CENTER, LLC, a Florida limited liability company ("Landlord") PICNICS IN PARADISE, LLC, a Florida Limited Liability Company ("Tenant"). THE Landlord, for and in consideration of the rent herein reserved to be paid by the Tenant, and in consideration of the covenants and provisions to be kept and performed by the Tenant, does hereby Lease unto Tenant, and said Tenant does hereby hire and take as Tenant under the Landlord the property located at 466 North Federal Highway Unit CU -4, Boynton Beach, Florida 33435, consisting of approximately 1,080 square feet more or less of unit space (the "Premises"), together with all improvements therein and thereon belonging or pertaining to the Premises, including all rights, privileges, easements and appurtenances belonging or pertaining thereto. TO HAVE AND TO HOLD said Premises, together with the rights and appurtenances unto the Tenant, subject to the following conditions and covenants: WITNESSETH: TERM The Tenant is to have and to hold the Premises for a term of THREE (3) YEARS and One month beginning on the V DAY OF November, 2022 (the "Commencement Date") and terminating November 30th, 2025 (the "Lease Term"). RENT: Tenant agrees to pay the Landlord, the sum of Two Thousand Three Hundred Forty and 001100 Dollars ($2,340.00) for rent due hereunder plus the currently applicable Florida State Sales Tax of 6.5%. Such monthly installments of Rent shall be due on or before the first day of each and every calendar month of the Lease Term. The Rent shall be payable to Landlord's office or elsewhere as designated from time to time by written notice to Tenant. A. RENT COMMECEMENT: Rent shall commence on December 1, 2022 ("Rent Commencement Date"). B. RENT ESCALATIONS: i. Thereafter beginning December 1, 2023, Each twelve (12) month period commencing on the " Commencement Date" or any anniversary thereof is referred to in this Lease as a "Lease Term"; provided that, if the Commencement Date is other than the first day of a calendar month, then the first Lease Year shall include such partial month together with the next succeeding twelve (12) months, and each succeeding Lease Year shall begin on the first day of the calendar month that corresponds to the month following the Commencement Date. For the first Lease Year, the amount of Base Rent shall be as provided in the "Rent" section of this Lease. At the beginning of the second Lease Year and each Lease Year thereafter during the term of this Lease and each extension option term, if any, the amount of Base Rent shall be increased and such increased amount shall then be the Base Rent for that Lease Year. The Base shall increase the greater of Five (5.0%) percent or the percentage increase in the U.S. Consumer Price Index (CPI) over the twelve months immediately preceding the above- mentioned anniversary date, expressed to the nearest who percent. The index for this calculation will be the U.S. Consumer Price Index — All Urban Consumers (1982-84=100), or any successor, index, as found f in the Monthly Labor Review, U.S. Department of Labor. Bureau of Labor Statistics. Page I 1 141 ii The Tenant furthermore agrees to pay any increase in said Florida State Sakes Tax throughout the term of this Lease payable to the Landlord in advanoe, during each and every month of the Lease Term. C. RENEWAL OPTION Tenant ohoU have the option to renew the lease for on additional Three CB Y8ars, at an increase of the greater of Five Percent /5.0Y6> or CPI on base rent for the first year of the renewal period and then an annual inonnema of the greater of Five Percent (5.0Y6) or CPI on bmeu rent. The index for this calculation will be the U.S. Consumer Price Index —All Urban Consumers (1982-84=100).urany successor, index, asfound inthe Monthly Labor Review, U.S. Del2artment of Labor, Bureau of Labor Statistics. IT IS FURTHER AGREED AND COVENANTED BY AND BETWEEN THE PARTIES HERETO AS SECURITY 1. Tenant, concurrently with the execution of this Lease, has deposited with Landlord the sum of Seven Thousand Five Hundred Eighty and 121100 Dollars ($7,580.12); the receipt of which is hereby acknowledged by Landlord (the "Deposit"); which includes Three Thousand Two Hundred and 00/100 Dollars ($2,340.00) Plus applicable current Florida Sales Tax ($152.10) for a total amount of $2,492.10 for the first month of rent due hereunder; Two Thousand Five Hundred Eii-ghty and 30/100 Dollars ($2,580.30) Plus applicable current Florida Sales Tax ($167.72) for a total amount of $2,748.02. for the Last month of rent due hereunder; the remainder of the Deposit of Two Thousand Three Hundred Forty and 00/100 Dollars ($2,340.00) shall be retained by Landlord as security for the payment by Tenant of the rents herein agreed to be paid by Tenant and for the faithful performance by Tenant of the terms and covenants of this Lease. It is agreed that Landlord, at Landlord's option, may at any time apply said sum or any part thereof toward the payment of the rents and all other sums payable by Tenant under this Lease, and towards the performance of each and every of Tenant's covenants under this Lease, but such covenants and Tenant's liability under this Lease shall thereby be discharged only pro tanto; that Tenant shall remain liable for any amounts that such sum shall be insufficient to pay; that: Landlord may exhaust any or all rights and remedies against Tenant before resorting to said sum, but: nothing herein contained shall require or be deemed to require Landlord so to do; that, in the event this deposit shall not be utilized for any such purposes, then such deposit shall be returned by Landlord to Tenant fifteen days next after the expiration of the term of this Lease. Landlord shall not be required to pay Tenant any interest on said security deposit Landlord shall not be required to maintain the security deposit in a segregated account and no trust relationship is created with respect to the security deposit. ASSIGNMENT 2. Tenant shall not aasign, trensfar, nnortgmgn, ok»doe, sublet, or otherwise encumber or dispose of this Lease or the Term or any portion of the Term remaining, or permit the Premises tobeoccupied by other pmrwona, without obtaining the prior written consent of Landlord. If this Lease be assigned, or if the denoiood Premises or any part thereof be sublet or underlet or occupied by anybody other than the Tenant. the Landlord may, after default bythe Tenant, collect rent from the assignee, sub |eusoe, under tenant, or occupant and apply the net amount collected to the rent herein reserved but no such collection shall be deemed o waiver ofthis cnvanent, or the acceptance of the assignee, undertenent, or occupant as Tenant or a release of the Tenant from the further observance and performance by the Tenant of the covenants contained herein. Page 12 142 EXAMINATION OF PREMISES 3. Tenant will take possession of the Premises and is familiar with the condition thereof and acknowledges that itkawilling toaccept the Premises aothey exist nnthe date hereof. Landlord makes no representations or warranties with respect to the condition of the Premises and Tenant accepts same in "as -is" condition. POSSESSION OF PREMISES 4. Landlord eheU be entitled to cause Tenant to relocate from the Premises to another apace within the Project at any time, upon not less than ninety (90) days' written notice to Tenant. Upon such ne|ocation, such new space shall be deemed the Premises and the prior space originally dernised shall in all respects bereleased from the effect of this Lease. If Landlord elects to relocate Tenant as above described, (i) the new space ohuU contain approximately the eenne as, or greeter usable area than the original space, (ii) Landlord shall improve the new space, at Landlord's sole cost, to at least the standards of the original space at the time of relocation, and (iii) Landlord shall pay the reasonable costs of moving Tenant's trade fixtures and furnishings from the original space hothe new space. Landlord ehmU not be liable for any further indirect or special expenses of Tenant resulting from the relocation, including but not limited to, lost profit and |neoea due to business interruption. All other terms of this Lease nhmU apply to the new space eathe Premises. 5. The Premises shall be used by Tenant for Event Planning and Marketing office andfor no other purpose, and further, Tenant agrees touse the entire Premises aehereinabove provided. ALTERATIONS 6(a) Tenant will make nualterations, additions or improvements in or to the Premises without written consent of Landlord; and all Tenant improvements upon the Premises and any replacements thereof, including all air conditioning systems, additions, fixtures, or improvements shall be and remain part of the Premises atthe expiration ofthis Lease. (b) |nthe event Landlord consents to the making ofany alterations, additions mimprovements to the Premises by Tenant, the same shall bemade by Tenant atTenant's sole cost and expense by licensed and bonded contractors. (c) Tenant shall, at its expense, before commencing any alterations, additions, installations or improvements obtain all permits, approvals and oadifioetma required by any governmental or qumoi- governmental bodies and (upon ournp|mdion) certificates of final approval thereof and shall deliver promptly duplicates of all such permita, approvals and certificates to Landlord. Tenant agnaau to carry and will cause Tenant's contractors and sub -contractors to carry such workman's compensation, general liability, personal and property damage insurance as Landlord may require. EXTERIOR 7. Landlord agrees to keep the exterior part ofsaid Building (including the landscaping and driveway) and roof in good repair, but Tenant shall give to Landlord fourteen (14) days notice of needed repairs to the exterior port of the building and Landlord shall have a n*000nab|o time thereafter to make them. However, if any part of the exterior or the interior of the Premises is injured or damaged by any breaking and/or entering said Pnarniaao' or by any attempt to break and/or enter said Prennioes, by any third person or persons, Tenant agrees to promptly cause all necessary repairs to be made at Tenant's expense so as to promptly restore said Premises to its condition immediately prior to said breaking and/or entering or said attempt to break and/or enter. The Tenant further agrees, in the event additional sanitary facilities are required because of the nature of the operation conducted by the Tenant; it shall be the Tenant's obligation to supply such additional facilities athis own expense. Page 13 i E K INTERIOR 8. Tenant agrees to keep the interior of said Premises including all vindnws, scraena, ewninga, doors, including the overhead truck loading doors, interior walls, pipee, nlachinary, plumbing, electric wiring, fire sprinkler system and other fixtures and interior appurtenances, in good and substantial repair and dean condition at Tenant's own expense - fire, windstorm, or other act of God, alone excepted. All glass both interior and exterior is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the term ofthis Lease. |tiohereby understood and agreed that inthe event that there is an air conditioning unit (or units) in the demise Premises, the Tenant shall maintain the same during the term of this Lease and shall return said unit (or units) to the Landlord at the termination of this Lease in good working order, reasonable vvoer and tear accepted. If the demised Premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. REGULATIONS AND INSURANCE 9. (a) Tenant shall conn�yw�haUstatutes, ordinances, ru�u,orders, regu�Unnoand of all � ' federal, state and municipal muthoritien, and of any and all their departments and bureaus, applicable to said Pn*nnioeo for the correction, pxevention, and abatement of nuisances or other grievances, in . upon, or connected with said pnennioom, during said term, and shall also promptly comply with and execute all ru|es, onders, and regulations of the Southern Underwriters Association for the prevention of fires. at Tenant's own cost and expense. (�\ During the Tenn of the Lamse. Tenant agrees to maintain e policy of commercial Denono| liability ' ' insurance (or broad fVnn comprehensive general liability insurance) in the amount of $1,000,000.00 pr occurrence, insuring Tenant against liability for bodily injury, property damage (including {000 of use of property), and personal injury arising out of the operation, use or occupancy of the Premises and naming Landlord as additional insured and indicating that Landlord will receive 10 days written notice in the event of cancellation of coverage or change in coverage. The liability insurance obtained by Tenant shall be primary and non- contributing and ahoU insure Landlord against Tenant's performance under this Lease. Proof of such coverage in the form of a Certificate of Coverage shall be sent to Landlord within 15 days of Tenant's occupancy of the d*nnioed Premises. Tenant, at its own expense may obtain insurance for Tenant's personal property, fixtures, equipment or any improvements made to the Premises. (c) Tenant will comply with all requirements of an insurance company insuring the Premises which requirements mento re|ate to the condition or use of the Premieeo, equipment, installations therein, operating procedures or the health or safety of the Tenant, its emp|oyeem, invitees, customers, agents or contractors, othis own expense. (d) If Tenant's a|t*nation, use or occupancy of the Pnarninea violates e |avv. regulation or insurance requirement, nnenL hawil| pay to make any changes needed to comply including structural alterations. (e) Tenant will not do anything to jeopardize the owner's insurance oovenage, create an additional risk, orcause anincrease inhis insurance premiums. Nl Such insurance policy shall provide that the insurer shall not cancel such policy unless insurer shall deliver notice to Landlord of such cancellation no later than 30 days prior to the date of such cancellation. ABANDONMEN 10. If Tenant ehoU abandon or vacate said Pnmnisae before the end of the term of this Leooe, or ehoU suffer the rent to be in mrneero. Landlord may, at his opton, cancel this Lnaaa, in the manner stated in paragraph 34 hereof, or Landlord may enter said Premises as the agent of the Tenant' by force or othewvise, without being liable in any way therefor, and na|etthe Premises with orwithout any furniture or equipment that may be therein, as the agent of Tenant, at such price and upon such terms and for such duration of time as Landlord may determine, and receive the rent thenafor, applying the same to the payment of the rent due by these ppasento, and if the full nanbo| herein provided shall not be realized by Landlord over and above the expenses to Landlord in such reletting, Tenant shall pay any deficiency. Page 14 ATTORNEY'S FEES 11. Tenant agrees to pay all costs and expenses of collection and reasonable attorney's fee on any part of said rental that may be collected by on ottnrney, suit, distress or foreclosure. In all other litigated mattera, the prevailing party shall be entitled to an award ofreasonable attorneys' fmee, court cost and similar expenses atall trial and appellate court levels. ASSIGNMENT OF CHATTELS 12. It isunderstood and agreed that any merchandise, fixtures, furniture or equipment left inthe Premises when Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishes any right orinterest therein, Landlord in authorized to sell, dispose ofsame. FIRE 13. In the event the Premises shall bedestroyed or sodamaged minjured by fire or other casualty, during the life of this agreement, whereby the same rightshaUbe rendered urtenartaLle'then Landlord shall have the right to render said Premises tenantable by repairs 120 days therefrom. If said Pnarnieem are not rendered tenantable within said time, it shall beoptionob|ewith either party hereto tocancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. During any time that the Premises are unhononbab|e due to causes set forth in this paragraph the rent nrojust and fair proportion thereof shall be omitted. PERSONAL PROPERTY 14. All personal property placed or moved in the Premises above described shall be at the risk of Tenant or the owner thereof and Landlord shall not be liable to Tenant for any damages to said personal property unless caused by or due to the gross negligence of Landlord, Landlord's agents or employees. UTILITIES AND SERVICES 15. All applications and connections for utilities and other services on the Premises shall be in the name of the Tenant only and the Tenant shall be solely responsible for the payment thereof. it is understood and agreed between the parties hereto that any ohorQaa against Tenant by Landlord for services, utilities or for work done on the Premises by order of Tenant or otherwise accruing under this Lease ahoU be considered as rant due and shall be included in any lien for rent. It is further understood that the Tenant will pay promptly when duo any fee(s) for sprinkler standby charged by the supplier ofwater to the demiaodPromioes. SIGNS AND AWNINGS 10. No awnings,sign ursigns ahaUbeattachedtoorerectedonthe exterior nfthe Premises without the written consent ofthe Landlord having first been obteined, which consent oheU not be unreasonably RIGHT OF ENTRY 17. Landlord, or any of its agents, shall have the right to enter said Premises during all reasonable hours, to examine the same or hake such repairs, additions, or alterations as may be deemed necessary for the safety, comfort, or the preservation then»of, or of said bui!ding, or to exhibit said Pnennieeo, and to put or keep upon the doors or windows thereof notice "FOR RENT" at any time within six (S) months before the expiration ofthis Lease. Said right of entry shall otherwise exist for the purpose of removing placards, oigno, fixtunee, a|tenationa, oradditions which do not conform hnthis agreement. Page 15 145 18. It is understood and agreed by the parties hereto that time is the essence of all of the terms and provisions of this Lease. NOTICES 10. It isunderstood and agreed between the parties hereto that written notice addressed to Tenant and mailed certified mail, return receipt requested to the Premises Leased hereunder shall constitute sufficient notice tothe Tenant, and written notice addressed to Landlord and mailed certified mail, return receipt requested to the office of Landlord shall constitute sufficient notice tothe Landlord to comply with the terms ofthis Lease. Notice shall be deemed given three (3) banking days following the day such notice is 20. Immediately following the Tenant's failure to pay rental due within the 16 day limit set forth in paragraph 34(b)' Landlord shall have the right toenter upon the Premises and place and thereafter maintain a "FOR RENT" sign in a place where the sign would be most likely seen by the public. WRITTEN AGREEMENT 21. This Lease iathe only agreement between the parties and contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and may be modified only by on agreement inwriting signed and sealed byLandlord and Tenant. Landlord shall not bobound by any agreements entered into, whether ono| or vvriMan, express or implied, between Tenant and any predecessor owner or landlord. This Lease supersedes any prior lease and terminates any prior written agreement and is the only operative agreement as of the date hereof. No surrender ofthe demised Premises or of the remainder of the term of this Lease shall be valid unless accepted by Landlord in INDEMNIFY LANDLORD 22. |nconsideration nfsaid Premises being Leased toTenant for the above rental, Tenant agrees: That Tenont, at all tinmee, will indemnify and keep harmless Landlord from all |ooeen. damages, liabilities and expenses which may arise or be claimed against Landlord and be in favor of any penson, hnn or corporation, for any injuries or damages to the person or property of any person' firm or corporation, consequent upon or arising from the use or occupancy of said Premises by Tenant, or consequent upon or arising from any aota, onnimnions, neglect or fault of Tenant (hie eQento, aen/onte. employees, licensees, customers or invitees) , or consequent upon or arising from Tenant's failure to comply with the aforesaid |awo, otatutee, ordinances or regulations; that Landlord shall not be liable to Tenant for any damages, |oaaea or injuries to the person or property of Tenant which may be oeumod by the acta, neglect, omissions or faults of any person, 5nn or corporation, and that Tenant will indemnify and keep hannioes Landlord from all damages, liabilities, |oosee, injuries, or expenses which may arise or be claimed against Landlord and be in favor of any person, firm or corporation, for any injuriesordannageoto the person or property of any person, firm or corporation, where said injuries or damages arose about or upon said Premises. Notwithstanding anything in this Lease tothe contrary, Landlord's liability hereunder shall bestrictly limited tnLandlord's interest inthe demioodproperty. WAIVER 23. No waiver of any condition mcovenant of this Lease byLandlord shall badeemed to imply or constitute a further waiver by Landlord of any other condition or covenant of this Lease. The rights and remedies created by this Lease are cumulative and the use of one remedy shall not be taken to exclude � orwaive the right tothe use ofanother. Page 16 RIGHT TO MORTGAGE OR LEASE �. Tenant's rights shall be subject to any bonafidamortgage which now covers said Premises and which may hereafter be placed on said Premises by Landlord, or underlying Lease now orlater covering the entire property. HEIRS AND ASSIGNS 25. This Lease and all provisions, covenants and conditions thereof shall be binding upon and inure to the benefit of the heiro, legal repr*mentatvoe, successors and assigns of the parties hereto except that no person, firm, corporation, or any court officer holding under or through Tenant in violation of any other the terms, provisions or conditions of this Lease, shall have any right, interest or equity in or to this Lease, the terms nfthis Lease nrthe Premises covered bythis Lease. BEYOND LANDLORD'S CONTROL 26. None of the acts, promises, covenants, agreements or obligations on the part of the Tenant to be kept, performed or not performed as the case may be, nor the obligation of the Tenant to pay rent and/or additional rent orother charge or payment shall be in any wise waived, impainad, excused or affected by reason of the Landlord being unable at any time or times during the term of this Lease to supply, or being prevented fronn, or delayed in supplying heat, |ight, or any service expressly or implied on the ped of the Landlord to be oupp|iad, or by reason of the Landlord being unable to make any o|tenahonu, repairs or decorations or to supply any equipment or fixtuneu, or any other pponnioe, covenent, agreement or obligation on the pad of the Landlord to be performed, if the Landlord's inability or delay shall arise by reason of any law, rule or regulation of any federal, state, municipal or governmental department, agency or subdivision thereof, or by reason of conditions ofsupply and demand due to national emergency or other conditions orcauses beyond the Landlord's control. EMINENT DOMAIN 27. In the event of any portion of said Leased Premises is taken by any condemnation or eminent domain proceedings, the (minimum) monthly rental herein specified to be paid shall be ratably reduced according to the area of the Leased Premises which is taken, and Tenant shall be entitled to no other consideration by reason of such taking, and any damages suffered by Tenant on account of the taking of any portion of said Leased Premises and any damages to any structures nnaotad on said Leased Premises respectively that shall be awarded to Tenant in said proceedings shall be paid to and received by Landlord, and Tenant shall have no right therein or thereto or to any part thereof, and Tenant does hereby relinquish and assign to Landlord all of the Tenant's rights and equities in and to any such damages. Should all of the Leased Pn*nnieea be token by any condemnation or eminent domain ppnoeedinga, then and in that event Tenant shall be entitled to no damages orany consideration by reason of such taking, except the cancellation and termination of this Lease as of the date of said taking. Notwithstanding anything in this paragraph to the contnary, in the event any portion of the Leased Premises is taken byany condemnation oreminent domain proceedings and Tenant by reason of such taking shall be entitled to receive damages or any other consideration for any Leasehold improvements or other betterments made and owned by it, Tenant shall be entitled to receive and retain all such damages Landlord having no o|ainn orrights thereto. SURRENDER PREMISES 28. Tenant agrees to surrender to Lmnd|md, at the end of the term of this Lease and/or upon any cancellation of this Leeao. said Leased Premises in as good condition or said Pnynnisoe were at the beginning of the term of this Lease, ordinary wear and damage by fire and windstorm or other act of God excepted. Tenant agrees that, if Tenant does not surrender to Lmnd|ond, at the end of the term of this Lease, or upon any cancellation of the term of this Lease, said Leased Premises, then Tenant will pay to Landlord all damages that Landlord may suffer on account ofTenant's failure to surrender to Landlord possession of said Leased Premises, and will indemnify and save Landlord harmless from and against all claims made by any succeeding Tenant of said Premises against Landlord on account of delay of 147 Landlord in delivering possession of said Premises tosaid succeeding Tenant so far as such delay is occasioned by failure of Tenant to so surrender said Premises and unless otherwise agreed in writing, such holding ahoU constitute and be construed an tenancy from month to month only at monthly nanba| equal to two hundred percent (200Y6) of the then current rent and all other payments to be made by Tenant which are applicable as of the last month of the Lease term and otherwise subject to conditions, provisions and obligations of this Lease insofar as the same or applicable month to month tenancy. LIENS 29. Tenant further agrees that Tenant will pay all liens of contractors, subcontractors, n}wuhenico |aborers, material man, and other items of like oharaotar, and will indemnify Landlord against all kagm| costs and charges, bond premiums for release of liens, including counsel fees reasonably incurred in and about the defense of any suit in discharging the said Premises or any part thereof from any liens, Judgments or encumbrances caused or suffered by Tenant. It is understood and agreed between the parties hereto that the costs and charges above n»8anad to shall be considered as rent due and shall be included in any lien for rent. The Tenant herein shall not have any authority to create any liens for labor or material on the Landlord's interest in the above described property, and all persons contracting with the Tenant for the doing of any work or the furnishing of any material nnen, onntnaotnna, mechanics, and |obonyru, are hereby charged with notice that they must look tothe Tenant and to the Tenant's interests only in the above described property to secure the payment of any bill for work done or material furnished during the rental period created bythis Lease. PROPERTYTAX 30. Landlord will b*responsible for the payment of all real property taxes, (including any fees, taxes or assessments) during the Term ofthe Lease. LANDSCAPE 31. The Tenant, at its own cost and expense, ShmU maintain GU portions of the Leased property and adjoining areas in a clean, and orderly condition, free of dirt, rubbish and unlawful. Obstructions and shall keep the landscaped areas thereof watered and trimmed during the term of this Lease. RADON GAS 32. The following notification isprovided pursuant toSection 404.056(8),Florida Statutes (1BS1): Radon is m naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who one exposed to it over time. Levels of radon that exceed federal and state guidelines have been found inbuildings inFlorida. Additional information regarding radon and radon testing may beobtained from your county public health unit. ENVIRONMENTAL 33. Tenant will strictly comply with all federal, state, county, city and/or district regulations, laws and ordinances with rega.d to toxic mhazardous wastes mto environmental protectionofthe land, ground water and aquifer, (collectively "Environmental Laws") and in the event Tenant is found in violation of any Environmental Lawm, mandating monitoring oro clean-up or re -filling of the area or other remedial aotinn, then Tenant will indemnify and hold Landlord harmless from all losses, damages, liabilities and expenses, including reasonable attorney's fees and court costs, which may arise or be claimed against Landlord as a result ofsuch a breach of Environmental Laws. Landlord shall be responsible for and hold Tenant h8rnn(gse from any pre-existing condition which violates EOvin}nnnSnt8| L8vv8 and represents that there is no existing contamination to the best of his knowledge. This paragraph shall survive termination or expiration ofthe Lease. DEFAULTS, REMEDIES 34. Defaults. The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Tenant: (a) The vacating orabandonment ofthe Premises bvTenant. (b) The failure by Tenant to make any payment of rent orany other payment required to bemade by Tenant hereunder as and when due where such failure shall continue for a period of five (5) days. (J The failure by Tenant to observe or perform any of the covenants, conditions orprovisions of this Lease to be observed or performed by Tenant other than described in paragraph (b) above, where such failure shall continue for a period of 15 days after written notice hereof from Landlord to Tenant provided, hovvever, that if the nature of the Tenant's default is such that more than 15 days are naoeonob|y required for its cure then Tenant shall not be deemed to be in default if Tenant commenced such cure within said 15 -day period and thereafter diligently prosecutes such cure to completion. (d) 0The making byTenant of any general arrangement or assignment for the benefit of creditors; (ii) Tenant becomes a "debtor" as defined in 11 U.S.C. S1 01 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within 60 days). (iii) the appointment of o trustee or receiver to take possession of substantially all of Tenant's assets located at the Pnarnieea of Tenant's interest in this Leaoe, where possession is not restored to Tenant within 30 days or (iv) the attmohnoent, execution or other judicial ''mnizune" of substantially all of Tenant's assets located at the Pnenniamo or of Tenant's interest in this Laese, where such seizure is not discharged within 30 days. Provided, hovvaver, in the event that any provision of this paragraph 34(d} is contrary to any applicable |evv, such provision shall be ofnoforce or effect and (v) the discovery by Landlord that any financial statement given to Landlord by Tenant, any assignee of Tenant, any subtenant of tenant, any successor in interest of Tenant or any guarantor of Tenant's obligation henaunder, and any of them was materially 341 Remedies. In the event ofany such material default or breach by Tenant, Landlord may at any time thereafter with or without notice or demand and without limiting Landlord in the exercise of any hQhd or remedy which Landlord may have by reason of such default or breach: bATerminate Tenant's righttopoaoesaionofthePrmmisnsbvonylavfu means, inwhich case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all domey*o incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Premises, expenses of re -letting including necessary renovation and alteration of the Premises, reasonable attorney's fees and any naa| estate commission actually paid: the worth at the time of award by the court having jurisdiction thereof ofthe amount by which the unpaid rent for the balance of the bann after the time of such award exceeds the amount ofsuch rental loss for the same period that Tenant proves could be reasonably avoided: that portion of the lease commission paid by Landlord applicable to the unexpired term of this Lease. (b) Maintain Tenant's right to possession in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. |nsuch event Landlord shall be entitled toenforce all ufthe Landlord's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) Pursue any other remedy now mhereafter available to Landlord under the laws or judicial decisions of the state wherein the Premises are located. Unpaid installments of rent and other unpaid monetary obligations of Tenant under the terms of this Lease shall bear interest from the date due at the maximum rate then allowable by law. 34.2 Default by Landlord. Landlord shall not beindefault unless Landlord fails to perform obligations required of Landlord within a reasonable time but in no event later than thirty (30) days after written notice 149 by Tenant to Landlord specifying wherein Landlord has failed to perform such ; provided, however, that if the nature of the Landlord's obligation issuch that more than thirty (0)days are required for performance then Landlord shall not be in default if Landlord commences performance within such 30 - day period and thereafter diligently prosecutes the same to completion. 34.3 Late Charges. Tenant hereby acknowledges that {ate paymentbyTenant ho Landlord or rent and other sums due hereunder will cause Landlord toincur costs not contemplated by this lease, the exact amount of which will be extremely difficult to ascertain. Such costo include by are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage ortrust deed covering the Premises. Accordingly ifany installment ofrent orany other sum duo from Tenant shall not be received by Landlord or landlord's designee within five (5) days after the tenant's receipt of the written notice described in paragraph 34.1(b) obove, then, in such event, Tenant shall pay to Landlord a late charge equivalent to Ten (10%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and raeoonob|o estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such |aha charge by Landlord shall in no event constitute o waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. CONSENT 35. Wherever Tenant must first obtain the Landlord's consent prior toundertaking or performing any action pursuant hothe terms ofthis Lease, Landlord hereby agrees that it shall not unreasonably withhold its consent to such proposed action and furthermore that it shall expeditiously provide its reply to any such request ofTenant. WAIVER OF JURY TRIAL 36. Tenant and Landlord hereby knowingly, voluntarily and intentionally waive the right either may have to a trial by jury in respect to any litigation based hereon, or arising out of, under or in connection with this Lease and any agreement contemplated bJbeexecuted inconjunction herevvthoranycouraoofcondunt. course of dealings, statements (whether verbal or written) or actions of either party. This provision is a material inducement for Landlord entering into this industrial Lease Agreement with Tenant. BROKERAGE 37. Tenant hereby warrants that Tenant has not engaged the services ofany broker, agent or finder and [SIGNATURES ON NEXT PAGE] 150 EXHIBIT "A" PERSONAL GUARANTY STATE OFFLORIDA COUNTY OF PALM BEACH The undersigned for inconsideration of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged agrees to personally and unconditionally guaranty all obligations pursuant to that certain Lease Agreement between COSTA CENTER, LLC. u Florida Limited Liability Company (''Land|ond^)and PHOEBE EVE KOLESAR,onindividual (^Buanantor')mefollows: 1. The undersigned jointly and severally, do hereby guarantee tothe LANDLORD and to any mortgagee holding a mortgage upon the interest of LANDLORD in the leased Premises, the due and punctual payment of all rent payable under said Lease, and each and every installment thereof, as well as the full and prompt and oonnp|eba performance by the TENANT of all and singular the covenants, conditions and provisions in said Lease contained on the part of the TENANT therein to be kept observed and performed, for the Lease Term of said Lease, as permitted by the Lease with no less force and effect than if the undersigned were named as the TENANT in said Leose, and the undersigned jointly and severally will forthwith on demand pay all amounts at any time in arrears, and will make good any and all defaults occurring under said Lease. 2. This Guaranty shall be absolute and continuing. The LANDLORD shall not be required to take any proceedings against the TENANT, or give notice to the undersigned before the LANDLORD has the right to demand payment or performance by the undersigned upon default by the TENANT. This Guaranty and the liability of the undersigned hereunder shall in no way be impaired or affected by any assignment which may be mode of said Lease, or any subletting there under, or by any extension(s) of the payment of any rental or any other sums provided to be paid by TENANT, or byany forbearance or delay in enforcing any of the terms, conditions, covenants or provisions of said Lease or any amendment, modification orrevision ofsaid Lease. 3. No action or proceeding brought or instituted under this Guaranty against the undersigned, and no recovery had in pursuance thereof shall be any bar or defense to any further action or proceeding which may be brought under this Guaranty by reason ofany further default ordefaults nf TENANT. The undersigned hereby waive trial by jury in connection with any proceedings brought in connection with the Lease and/or this Guaranty. 4. The liability of the undersigned ohmU not be deemed to be vvaivod, nm|aooed, disohar0od, impaired or affected by reason of the release or discharge of the TENANT in any cneditono, receivership, bankruptcy (including Chapter 7 or Chapter 11 bankruptcy proceedings or other reorganization proceedings) orother proceedings, urthe rejectionordisaffirmance ofthe Lease inany proceedings. 5. There shall be no modification of the provisions of this Guaranty unless the oanno is in writing and signed bythe undersigned and the LANDLORD. G. All of the ternnn, agreements and conditions of this Guaranty shall be joint and aevenm|, and shall extend toand be binding upon the undersigned, their heirs, axeoutoro, adminisdnatom, and aaaigno, and shall inure to the benefit of the LANDL[)RO, its ouone000ro and aesigna, and to any future owner of the fee of the Premises referred to in the Lease, and to any mortgagee of the fee interest of the LANDLORD inthe Leased Premises. [SIGNATURES ONNEXT PAGE] 0 Page 112 151 IN WITNESS WHEREOF, the parties hereto have signed, sealed and delivered this Lease at Hollywood, Florida on the day and year first above written. Witnesses to Landlord: LANDLORD: COSTA CENTER, LLC, a Florida Limited Liability Company- BY:110d"""'11"', PRINT NA TITLE: Witnesses to Tenant: TENANT: PICNICS IN PARADISE, LLC A Florida Limited Liability Company BY: PRI 3 AN A MFE:7Fb� T0 -&0!2)U 01&�CH TITLE:ffiAL � Y'I'YNl U ) (I L A dyb-aaw./ LLL1— Page 111 152 IN WITNESS WHEREOF, the undersigned has hereunto set his signature and sealon the 'day of October, 2022, as Guarantor, for the purposes expressed herein and agree to be bound by the terms hereof. Sign, and delivered inthe presence of: Wit Print Name: Print Nam Print Name: Print Name: STATE OF EtOO> )SS COUNTY OF Q,,6\ Guar tor: �eo ' b Z' I I', / Driver Licenle #: V'e4ca Z)co By: Print Name: Driver License On this 11 dmyof Public i and for id County and State, personally appeared ix"AIAU V6(" _, personally known to me (or proved tomoonthe basis ofspdisfaoTto—evEieno*)tobethe person whose name |ssubscribed to the within instrument. WITNESS nlyhand and official seal. 44 Y C MMI ION I HH 0853 MY COMMISSION It HH 085344 Signature: QWMUk' (Q) Aj EXPIRES: January 30, 2025 Nbtary Public in and for said County and State Bondead Thru Notary Public Underwriters Commission expires: ��() Page 113 153 The Premise(s) are / is unit CU -4. Page 114 154 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 OLD BUSINESS AGENDA ITEM 13.A SUBJECT: Discussion and Consideration of the New RFP for the CRA -owned Property located at 401- 411 E. Boynton Beach Boulevard SUMMARY: On June 3, 2022, the CRA received a Letter of Intent (LOI) from the U.S. Postal Service (USPS) (see Attachments I & 11). Due to the pending sale of the current USPS location at 217 N. Seacrest Boulevard, the USPS needs to relocate its retail operation and expressed the importance of maintaining the retail component east of 1-95 within the downtown area. The USPS LOI proposed the CRA issue a Request for Proposals/Request for Qualifications (RFP/RFQ) to qualified parties to purchase the CRA -owned parcels and construct a freestanding building which the USPS will lease on a long-term basis. The construction would include a 3,474 square foot retail post office with 22 parking spaces. The lease would be a 10 - year firm initial lease with two 5 -year renewal options and that the lease and rent is backed by the USPS which in turn is backed by the US Treasury. On August 9, 2022, the CRA board approved a motion to publish the RFP/RFQ (see Attachment III). It provided revised drawings that included additional building shell requirements for the developers to use as guidelines for their proposal. The CRA received proposals from BTH Development Partners and SAW Commercial Investment, LLC on the November 29, 2022 submission deadline. Neither proposal met the guidelines provided by USPS. On April 11, 2023, USPS stated that they are committed to the project and are willing to work with the requirements of the CRA to develop the property. However, the USPS indicated it would not be able to operate a post office in the buildings proposed in either of the RFP/RFQ responses (see Attachments IV & V). On May 9, 2023, the CRA board approved a motion to reject all bids and have staff bring back all options available for development of this site (see Attachment VI). On June 13, 2023, the CRA board authorized CRA staff to re -advertise the RFP/RFQ utilizing government solicitation tools and professional associations with wider reach in addition to the previous outlets and accept new proposals (see Attachment VII). CRA staff will utilize DemanStar and other professional sources including but not limited to the Commercial Real Estate Development Association (NAIOP), Urban Land Institute (ULI), etc. to advertise the RFP/RFQ. The proposed standard requirements, evaluation criteria and schedule to be included in the 155 RFP/RFQ are listed below (see Attachment VIII): STANDARD REQUIREMENTS: • Creation of a new retail post office approximately three thousand four hundred seventy- four (3,474) gross square feet with a thirty foot (30') loading dock; • Consideration of incorporating adjacent properties into the overall project; • Incorporation of a reverter clauses associated with CRA owned parcels; • Incorporation of first -right -of refusal clauses associated with CRA owned parcels; • Incorporation of terms for adherence to development timelines and property exchanges; EVALUATION CRITERIA: • Experience in completing comparable development projects within markets similar to the project area as the proposing team; • Proposer's financial terms, purchase price, and development and operating proforma; • Proposer's financial capacity to complete the proposed project; and, • Proposed plan or program (including monitoring mechanisms) to engage local contractors, sub -contractors, and laborers in the project as well as apprenticeship programs. PROPOSED SCHEDULE RFP/RFQ: RFP Approval by CRA Board (subject to legal review): NJuly 11, 2023 Issue Date of RFP/RFQ: July 28, 2023 Voluntary Pre -Submission Meeting: August 17, 2023 Question/Request for Clarification Deadline: Submittal Deadline: August 28, 2023 September 26, 2023 Presentation to BBCRA Board: November 14, 2023 Draft Purchase and Development (P&D) Agreement: January 9, 2024 CRAB Review of P&D Agreement: February 1, 2024 BBCRA Board Approval P&D Agreement: March 12, 2024 FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the RFP/RFQ for the CRA -owned property located at 401-411 E. Boynton Beach Boulevard and issue subject to USPS and final CRA legal review. 2. Do not approve RFP/RFQ for the CRA -owned property located at 401-411 E. Boynton Beach Boulevard. 3. Alternate determination based on CRA Board discussion and consideration. ATTACHMENTS: Description • Attachment I - Property Location Map • Attachment II - Letter of Intent from US Postal Service Attachment III - 1st RFP/RFQ Attachment IV - USPS Bid Comparison 156 • Attachment V - USPS Email on RFI • Attachment VI - May 9, 2023 CRA Board Meeting Minutes • Attachment VII - June 13, 2023 CRA Board Meeting Minutes • Attachment VIII - DRAFT RFP/RFQ 157 ((0))'jLL 4�'� U.S. Postal Service Lease Proposal Boynton Beach Relocation Thuy Shutt, AIA, FRA RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. Boynton Beach, FL 33435 June 3, 2022 Re: 401-411 E. Boynton Beach Blvd., Boynton Beach, FL Dear Ms. Shutt, On behalf of the United States Postal Service (USPS), Jones Lang LaSalle is pleased to submit this Letter of Intent (LOI) to the Boynton Beach CRA. Due to the pending sale of the current USPS location, USPS needs to relocate its retail operation. To continue to best serve the community, USPS seeks a new location as close as possible to the downtown hub. The CRA -owned property at 401-411 E. Boynton Beach Blvd. is an ideal site. However, because USPS is unable to purchase the land directly and construct a new building itself, they are respectfully requesting the CRA's assistance with the following solution: for the CRA to utilize Option II of its LOI Policy to issue a Request for Proposals to qualified parties to purchase the CRA -owned parcel and construct a freestanding building which USPS will lease on a long-term basis. Following are the details of this requirement 1. USPS Building Requirements: 2. Form of Lease: As a federal entity, USPS is required to utilize its lease form. 3. Rental Type: USPS seeks a modified gross lease, whereby the landlord would have responsibility for maintaining the building and grounds. 4. Space Condition: USPS will provide a complete design which the landlord shall use to construct the building shell. USPS will build out the interior itself. 5. Lease Term: 120 Months (possibly longer), with two (2) five-year options to renew. Please feel free to contact me with any further clarification or questions in order to help you expedite your response. Page 1 of 3 159 U.S. Postal Service Lease Proposal Boynton Beach Relocation Sincerely, Sarah Kutner, Senior Transaction Manager Jones Lang LaSalle Email: Sarah. Kutner@am.jll.com Tel: (202) 719-6135 cc: Richard Hancock, USPS Steve Robinson, JLL Page 2 of 3 ((0)),JLL 4-6'� 160 U.S. Postal Service Lease Proposal Boynton Beach Relocation Attachment A USPS Concept Plan Land Survey ((0)),JLL 4-6� ------------- t1T7 I i _ .......... STATE ROAD 804 - BOYNTON BEACH BLVD 1 UIT , fj 1 _ r �� 1 tiLLEf i I t U,T L1'iT G � ro (.pT u, n I Ew awx s I T W I � 1 Page 3 of 3 161 NE 3RD STREET m m A I m _ X Z � m I « < n o -A 412 m P x y v m m y i 120' PROPOSED JOSE E. BLANCO-ARCHITECT BOYNTON BEACH FINANCE T 401-411 BO -TON BEACH BLVD. X BO -TON BEACH. FL. oEE�r 3w1 „o. 334359996 162 I CYn� I� cn D m � O D plFE m e p w 'F OD _,.. 0 A LE r C0m Z --A 1E O z -I W I m D — — n _ Z.0 nSm C0 w o m 0 < a C A N < 412 m P x y v m m y i 120' PROPOSED JOSE E. BLANCO-ARCHITECT BOYNTON BEACH FINANCE T 401-411 BO -TON BEACH BLVD. X BO -TON BEACH. FL. oEE�r 3w1 „o. 334359996 162 Ll z �A�s,RA1I NR° �sT Er -- — vualic re/w�s� Nm�A mym�� op n g A o o e>earoz ss.a 47 IN .6 N0728g8E,, 98.77(0) 3i T�oAA ti 'ILII ssa A�oa�s oho I �3. m SII � � � m =ia•�.a. N� m n \g w 0 a3 m m= Ism =V - ea(P( �r oS0038'02 E (� m 120.00 m' 8 om — �—® ao'RY _ izo oo'ILI — I � o � urvEs I (micao �o sa (vl NII`✓ so'(LY iza.00'(�) N I I O vR20 < I ry1J a RAILROq[) AV _ e w E _ n aKo Q n _ — — — — - — — s - Is _ + + n o+o + + n n _ m n n " < p m n A � S o� a o Sm Aao p NAVD88 Dasa; ear e Fs_Avc_ Date sr s��s BOUNDARY AND TOPO SURVEY FOR N eouNonrer ano novo suevEv n� 63ma mza WrigY�tPSM, LLC PROFESSIONALiaps ,LAND AAAPPING 20-0]10 BOYNTON BEACH a<65E,=TMA E oE�H� [COMMUNITY REDEVELOPMENT AGENCY c�ERr�F of°�'r of 1 163 From: Hancock, Richard A - Greensboro, NC To: Shutt, Thu Cc: Tack, T]muthu Cuufmumn, Vicki Subject: RE: [sxTsnmAL]*oz'*zzE. Boynton Beach Boulevard Property and unIPolicy Date: Friday, June a'zoazm:zz:3zAn Attachments: bouueOU01u2nu imaQe002.DnQ injacieO03.12no imaQe004.pna injacieO05.12na imaQe006.pna USPS Proposal - Boynton Beach pdf Per your request please see below in response toyour questions. � Provide a brief description of the financial structure for the proposal (you had verbally indicate a 15 year Treasury Bond — please provide details) and physical redevelopment of your proposed project. For instance, will specifications for the site elements and building shell be provided to the CRA for the Request for Proposal and Developer's Qualifications (RFP/KF[) Package? The Postal Service can commit to a lOyear firm initial lease with two 5year renewal options. The 15 year term | mentioned would require H[}approvals. The lease and rent is backed by the Postal Service which is in turn backed up by the US Treasury. There is no Bond. Per #4 in the Proposal the Postal Service will beproviding the Design documentation tothe CRA. * Provide a brief description of your proposed redevelopment timeline from execution of a purchase and development contract toproject completion. The timeline is dependent on the CRA and the proposed construction timeline as well as the Postal Service final project approvals based on hard lease and construction costs. Fora ballpark new space development we estimate approximately one year for- completion. Very tentative timeline. * Provide the amount of assistance, financial or otherwise, you would be seeking from the CRA. The Postal Service is seeking no assistance of any kind from the CRA. This is a request to lease a to be constructed new Postal Retail facility on CRA property aLfair market nates. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, INC 27498-11O3 935-565-2848 164 From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Friday, June 3, 2022 9:51 AM To: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <Utterbacl<T@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and LOI Policy CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or opening attachments. Good afternoon Rick, In anticipation and preparation for our June 14, 2022 CRA Board meeting, I wanted to reach out to you regarding your Letter of Interest (LOI) submitted to us today and the conceptual site plan that was previously submitted on May 10th for the CRA owned properties located at 401-411 E. Boynton Beach Boulevard. It would be to Board's benefit during their discussion of the item to have a few more details concerning your LOI and proposed project. Would please provide responses to the following items: • Provide a brief description of the financial structure for the proposal (you had verbally indicate a 15 year Treasury Bond — please provide details) and physical redevelopment of your proposed project. For instance, will specifications for the site elements and building shell be provided to the CRA for the Request for Proposal and Developer's Qualifications (RFP/RFQ) Package? • Provide a brief description of your proposed redevelopment timeline from execution of a purchase and development contract to project completion. • Provide the amount of assistance, financial or otherwise, you would be seeking from the CRA. I am out of the office today but Tim Tack, our Assistant Director will be working on the agenda item today. Responses to the items listed above will need to be submitted to Tim as soon as possible but no later than the end of day Monday, June 6, 2022 in order to be included in the June 14, 2022 CRA Board meeting documentation. If you have any question, please do not hesitate to contact Tim at (561) 600-9091. Thank you. S k � �., e F F " .. R �sli°ae D+� cc &cce Bd,:,;o,yr cm :;"oe,xAi "..^�'rye'ly�'1B_,dyRII u p.........:.:..0..0.......:.�..:..98 165 America's Gateway to the Gulfstream Please beadvisedthatHohdahasabroad pubUcrecords|avvandaUcorrespondencetomeviaemai| maybesubiecttodisdmsuneUnderRohdarecurds|am\emai|addnesyC's arePub hcrecords There�zre,youre-mai|communicadonandyoure-mai|address maybesubiecttopubhcdisckosure From: Hancock, Richard A - Greensboro, NC <.R.Q.b.0 i. Sent: Friday, June l2O229:O9AM To: Shutt, Thuy Cc: Tack, Timothy � Utterbac�Theresa Subject: RE: [EXTERNAL] 401'411 E. Boynton Beach Boulevard Property and LO| Policy Good morning, please see attached the Postal proposal to lease eto be constructed building based on our requirements on the property referenced. We look forward to moving this project forward. Please contact mewith any questions nrifyouneedadditiona|information. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC27498-11O2 335-665-2848 336-324-7891 (Cell) 166 From: Shutt, Thuy Sent: Friday, April l,2O22Il:17PM To: Hancock, Richard Greensboro, N[ Cc: Tack, Timothy Utterbac�Theresa Subject: [EXTERNAL] 401-411 E. Boynton Beach Boulevard Property and 1_01 Policy CAUTION: This email originated from outside USPS. STOP and CONSIDER before clicking on links, or opening attachments. Hi, Rick, Asrequested, |amattaching some documents for the site. Wehave demolished the easternmost building (409-411E.Boynton Beach 8|vd]and sodded the vacant lots (see picture). The only structure remaining is the 401 E. Boynton Beach Blvd. building (see survey for size). | have also attached the Appraisal (pre -demolition) and the CRA LO| Policy. Let me know if you need anything else. Thank you and have a great weekend! Thuy Shutt,A|A, FRARA ExecuIiveDirec[or 8oynton Beach �ommunity Redeve|mpmentA�ency 100 Ocean oynton Beach, Horida America's Gateway to the Gulfstream P|ease be advisedthat F|ohda has a broad pub|ic records |avv and aU correspondenceto mevia emai| maybesubiecttodisc|osureUnderRohdarecords|am\email addressesare public recordsl Therefnre,youre-mail communicadonandyoure-mai|addressmaybesubiecttndisdosure1 167 1� lam BOYNTO B f� R,A 1 Uf, COMWR,�t�! n( REDEVELOPMENT AGEINIC)" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS United States Postal Service Boynton Beach Downtown Station Project Location: 401, 407 & 411 E. Boynton Beach Boulevard Issue Date: September 30, 2022 Submittal Deadline: November 29, 2022, no later than 2:00 p.m. The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of the project site located at 401, 407 & 411 E. Boynton Beach Boulevard, Boynton Beach, Florida; as referenced and identified on Attachment "A," Aerial Map/Parcel Map, and hereinafter collectively referred as the "Project Site." The BBCRA will accept sealed proposals at its office located in City Hall at 100 E. Ocean Avenue, 4th floor, Boynton Beach, FL 33435 ON OR BEFORE November 29, 2022, no later than 2:00 p.m. Eastern Standard Time (EST), as determined by the time stamp or clock at the BBCRA's reception area. Responses to this RFP/RFQ ("Proposals") received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All Proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will not be accepted. The RFP/RFQ documents, including all related attachments, must be obtained from the BBCRA office or website at v�r.ab im gimab. . l Jr..a c.,a 2. (Select RFPs/RFQs/ITBs from the Business & Development top drop down menu). 1. Property Disposal and Project Description This RFP/RFQ is being issued for a project known as the United States Postal Service Boynton Beach Downtown Station Project (the "Project"), and is seeking Proposals for the acquisition and redevelopment of a BBCRA-owned property located as described in Attachment "A," Aerial Map/Parcel Map (the "Project Site"). Due to redevelopment of the existing Downtown Station post office, the United States Postal Service (USPS) is relocating its retail operations to 401, 407 01783717-1 Page 1 of 33 168 & 411 E. Boynton Beach Boulevard, Boynton Beach, FL 33435, a property owned by the Boynton Beach Community Redevelopment Agency. USPS is unable to purchase the land directly and is looking for a developer to purchase the land and construct a new retail post office with a loading dock and parking lot. The Project Site is approximately .383 acres and it is currently zoned C-3 (Community Commercial) with a Local Retail Commercial (LRC) Future Land Use Classification. The property is located within the Boynton Beach Boulevard District, which is described in the 2016 BBCRA Community Redevelopment Plan (the "BBCRA Plan"). The BBCRA Plan may be accessed online at Irntlt s: www.bo ntonbeachcra.com Irnome slow u! lJsheddocument �.4 63 296289931.972009 12........//........................................................................................................................................../............................./............................I................................................................................................/............/...................................................................................... (see pages 55-70). It carries a recommended Future Land Use of Mixed -Use Medium with a corresponding Zoning designation of Mixed -Use Core. The recommended land use and zoning designations provide for a density of forty (40) units per acre with a maximum allowable building height of seventy-five feet (75'). Under defined circumstances, allowable density may be increased by twenty-five percent (25%) if a proposed development meets certain requirements under the City of Boynton Beach's Workforce Housing Ordinance. It is the responsibility of each proposer to review the City of Boynton Beach Land Development Regulations, and applicable site plan and design guidelines and limitations. Additionally, the Project Site is located within the designated Transit Oriented Development (TOD) and Transportation Concurrency Exemption Area (TCEA) of the City of Boynton Beach and is also located in the PBC Qualified Opportunity Zone. PBC Qualified Opportunity Zone information may be obtained online at http://maps.co.palm- beach.fl.us/cwgis/?app=pbc interactive. All Proposals and Projects must be in conformance with and in furtherance of the BBCRA Plan. The BBCRA Plan may be accessed on the BBCRA website: yvw.,.bry.!2. lrnab .. l r..a c.21r.n: 2. Community and Economic Setting The City of Boynton Beach (City), with a population of eighty thousand (80,000), is the third largest city in Palm Beach County, Florida. It is located approximately forty-five (45) miles north of Miami and fifteen (15) miles south of West Palm Beach. This puts it in the heart of southeast Florida's rapidly growing tri -county Miami-Dade/Broward/Palm Beach metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (1-95) and the Florida Turnpike. It also has a market of more than six (6) million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri -Rail regional commuter rail system. 3. Survey and Appraisal An aerial boundary and parcel map along with a copy of the property survey are included with this RFP-RFQ as Attachments "A," Aerial Map/Parcel Map and "B," Survey of BBCRA Owned 01783717-1 Page 2 of 33 169 Properties. All appraisals and surveys of the subject properties that make up the Project Site are available in electronic form on the BBCRA's website, Iii.gglp../ r rw.1bo ri.t�air 1bea�;,lhcra.:.�c�irn/Ibu;�,siness-d',e r�^.olpr . im. lr s-ir.q2-.ilk,ll s. Proposers should not rely solely on the information in the appraisal when compiling the financial components of a Proposal. The appraised value of the BBCRA properties should be considered by proposer(s) in the offering price and request for BBCRA incentives. 4. Palm Beach County Impact Fees Development of the property will be subject to Palm Beach County Impact Fees. Please contact the Planning, Zoning and Building Administration Division of Palm Beach County for specific information regarding impact fees applicable to the Project, or go to Ii.L Ips.:,// ii:sC V it 1plb gciy:.c�!rg (pxlb/ r. viii:lniis. it . ii:girn� g s/�!rrtilp .::::IF s slpx to download relevant information. S. Incentives for the Proiect Under Chapter 163, Florida Statutes, the BBCRA is empowered to encourage and incentivize redevelopment within the BBCRA Redevelopment Area consistent with the BBCRA Plan. The BBCRA is committed to meeting the goals and objectives of the BBCRA Plan and will support the Project with policies and may, at the sole discretion of the Board, consider providing Tax Increment Revenue (TIR) funding subject to negotiated terms and conditions. 6. Pre -Submission Meeting A voluntary in-person pre -submission meeting has been scheduled for October 18, 2022 at 4:00 p.m. (EST) in Commission Chambers in City Hall, located at 100 E. Ocean Avenue. The meeting is an opportunity for proposers to ask City and BBCRA staff questions about the Project. 7. Proposer Registration All entities interested in responding to this RFP/RFQ must register with the BBCRA via email by providing their name, address, telephone number, and an email address to Mr. Timothy Tack, BBCRA Assistant Director, at Ta.c �l�.@ fl.,a s. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this RFP/RFQ will be sent to registered proposers using the registration information provided. 8. Additional Information After the Proposals are received by the BBCRA, the BBCRA may make requests to proposers for clarifications, assurances, orfor other details including, but not limited to, financial and disclosure data relating to the Proposal or proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all proposers will be directed to all proposers. Following submission of a Proposal, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure 01783717_1 Page 3 of 33 170 data relating to the Proposal and/or the proposer (including the proposer's affiliates, officers, directors, partners and employees), as requested by the BBCRA. 9. Architectural and Design Requirements The Project should incorporate quality architectural design and site development standards that enhance the downtown area and adjacent properties. Proposers should review the BBCRA Plan for Project development and design guidance. Proposals will be evaluated on their adherence and incorporation of architectural and design elements presented in the BBCRA Plan and the City of Boynton Beach Land Development Regulations. At minimum, the Proposals shall include the following requirements: a. Creation of a new retail post office approximately two thousand nine hundred forty-four (2,944) gross square feet with a thirty foot (30'). loading dock. See Attachment "C", USPS Requirements for additional requirements. b. Parking Lot with the amount of parking spaces required for the development. 10. Required Elements of Proposals. Proposals must contain all of the following documents and information in order to be deemed complete. Proposals not deemed complete may be rejected. Attachment "D" contains a checklist to help proposers ensure Proposals are complete. a. Provide a general written statement describing the qualifications and background of the proposer including any financial (including equity) partner. b. Provide a completed Attachment "E", Proposer(s) Information. c. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. d. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ. e. Provide a list of proposer's key personnel that will be directly involved in proposed Project's development or management team, along with their professional qualifications, and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. f. Provide a written list of similar projects developed by the proposer, or companies controlled by its principals, and proposer's team that were completed within the last ten (10) years, including photographs, project addresses, client contact information, dates the projects were completed, and general project description. For projects that are public - 01783717 -1 Page 4 of 33 171 private partnerships, list the public partner and their contact information including name, title, address, email, and phone numbers. Provide no less than two (2) and no more than ten (10) projects for this item. If the proposer is comprised of more than one entity in a joint venture or partnership, each entity must provide the information requested separately. For joint ventures, development and equity partners, the proposer must summarize the actual or proposed amount of financial participation and control of each party within the partnership. If the entity is a subsidiary of, or otherwise affiliated with another organization, the proposer shall indicate such relationship. The proposer shall also list all proposed anchor tenants, in addition to the USPS and, if known at the time of submission, any third -party operators of the development. The proposer shall include the name and a description of the legal entity that would serve as the developer and be party to the Purchase and Development Agreement with the BBCRA. The proposer shall also provide the names and addresses of all persons and entities having a financial interest, mortgagee(s), or guarantor(s) in the proposed development and their roles in the Project and the proposing entity. For joint ventures, the proposer must summarize the actual or proposed amount of financial participation and control of each party within the partnership. If the entity is a subsidiary of, or otherwise affiliated with another organization, the proposer shall indicate such relationship. The proposer shall also list all proposed anchor tenants and third -party operators of the development if known. g. Provide a brief profile for each member of the development team other than the proposing developer, as well as the resumes of the key personnel who would be assigned to the Project. The proposer shall also identify any prior relations with the BBCRA for each individual team member or firm, members of its Board or its officers. The BBCRA reserves the right, in its sole discretion, to request additional information from any member of the development team to determine potential conflicts of interest and to limit or prohibit the participation of any team member or firm due to such conflict. h. State whether the proposed Project is confined to the property offered by the BBCRA or if it utilizes adjacent property. If the latter, specify the location, size, use, level of control/commitment of such adjacent property to be included in the proposer's Project and provide documentation evidencing site control or contractual commitment. If adjacent properties intended to be included in the Project are not under the proposer's control, the Proposal should include: (1) A base proposed concept assuming only the offered BBCRA property; and, (2) a proposed concept assuming the inclusion of the additional adjacent property. If the proposer wishes to propose variances from or 01783717-1 Page 5 of 33 172 changes to the requirements of the Land Development Regulations or the City's Comprehensive Plan, the Proposal should include: (1) A base proposed concept without the proposed variances or changes; and, (2) a proposed concept with the proposed variances or changes. i. Provide a Construction Staging and Sequencing Plan including nature and timing of on - and off-site impacts. Vehicular and Pedestrian Traffic Analysis and Plan for the proposed development demonstrating the proposed Project would not cause unreasonably negative traffic impacts in the context of the Downtown District environment, and any modifications or improvements required to mitigate such impacts to maintain the integrity of the downtown traffic system, which, subject to City approval, would be the responsibility of the developer to fund as part of the Project. j. Provide a detailed description of the proposed Project, with text, tabulations and graphics. This should include but it is not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations and allocation per project component; a breakdown of the proposed total number of residential units and unit types, including number of bedrooms and bathrooms, and square footage for each unit type, whether condo or rental, and level of affordability, nature and square footage of commercial components, total gross building area (not including unenclosed/outdoor areas) and net rentable or salable area per project component (number of units, parking spaces, square footages should be provided per level as well as in total), conceptual elevations, as well as the information indicating compliance with the objectives and requirements of the plan and requirements specified in Paragraph 9, "Architectural and Design Requirements." k. Provide a proforma financial analysis including a development budget with a detailed breakdown of all Project pre -development costs, other soft and financing costs, property acquisition from the BBCRA (and others if additional properties are included in the Proposal), construction and other hard costs and post -construction period sales or other development costs, a sources and uses statement clearly identifying the sources and amounts and terms of all of the proposed debt and equity funding sources to pay for the Project, an operating cash flow detailing projected gross income, expenses, debt service and net cash flow, broken out by project component, for the development period and at least ten years of operation beginning upon Project completion for a rental project/component(s) and through sell-out for a condominium project/component(s). 01783717-1 Include a breakdown of the amount and terms of any proposed funding assistance being requested of the BBCRA, if applicable, and how those funds will be used when combined with other funding sources. A proposer may submit the requested breakdown Page 6 of 33 173 information under a format of their own choosing but must also complete the Proposed Project Funding Uses and Sources Information form provided as Attachment "F". If the Project is to be developed in more than one phase, clearly present the above information for each independent phase as well as in aggregate for total project. Provide assumptions and bases for the analysis including comparables and/or other support for estimated rental rates, sales prices, costs, expenses and other elements of analysis. If the Project is proposed to use funding subsidies from the BBCRA or other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project -based subsidies for workforce housing by listing projects and the amount and type of subsidy utilized or other information that would support proposer's ability to secure such financing. m. Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub -contractors, and laborers in the proposed Project as well as pre - apprenticeship or apprenticeship training. Documentation of this effort will be required as part of the Project monitoring. n. Provide proof of financial capability to complete the proposed Project. Financial capability will be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity, or underlying entity if proposing entity was recently created, which includes a balance sheet, a three-year statement of past income, and a projected one-year income statement for the current fiscal year for the proposer (and its parent entity if proposer is a subsidiary). In lieu of the above, the proposer shall submit third party evidence of the ability to secure financing in the form of a preliminary financing commitment letter or letter of interest from a lending institution or other primary source of debt or other financing. A firm financing commitment from a lending institution or other source of investment financing will be required prior to the closing of the sale of the Project Site, or as otherwise stipulated in negotiated Agreement between the successful proposer and the BBCRA. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the Project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten (10) years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked 'confidential.' Financial information will be accepted only from the proposer as part of the submission packet and will not be accepted if it is submitted directly to the BBCRA by an outside entity or institution. 01783717-1 Page 7 of 33 174 o. A signed written statement of intent to purchase the Project Site indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. Any Purchase and Development Agreement ("Agreement") will contain performance-based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. p. Provide authorization to perform a credit check for each proposer or business entity. The authorization form must be executed by the appropriate officer of proposer entity (see Attachments "G" and "G.i." Disclosure and Authorization to Perform Credit Check forms). q. A list of all civil and criminal legal actions in which each proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition (or status) of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. r. Provide a statement as to whether the proposer is in arrears of any taxes or other financial obligations to the BBCRA, City, or any other municipal or state entities. Proposer(s) may include additional relevant information. If there are no arrears of any taxes or other financial obligations to disclose, provide a written statement attesting to this fact. s. Provide a PowerPoint presentation of the Proposal, consisting of no more than fifteen (15) slides with maximum of three (3) slides dedicated to proposer's past history and experience information. All remaining slides will focus on description of the development of the proposed Project (e.g. site, program, design, construction, development cost, schedule, financing, proposed acquisition terms, estimated absorption rates and sales/leasing/operations). t. Provide executed form verifying that the proposer has met with City of Boynton Beach Planning and Development Department staff to review the Land Development Regulation requirements and development review processes applicable to the proposed Project (see Attachment "H," City of Boynton Beach Planning and Development Department Meeting Verification Form). 01783717-1 Page 8 of 33 175 u. All other requirements contained in this RFP/RFQ, including all attachments that request a response or information from the proposer. v. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ (see Attachment "I," Acknowledgement Letter). 11. Submittal Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 East Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435 on or before November 29, 2022, no later than 2:00 p.m. Eastern Standard Time (the "Deadline"), as determined by the time stamp or clock at the BBCRA's reception area set up on the 1st Floor Lobby. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted Proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivered in a sealed box or envelope. Faxed and emailed Proposals will not be accepted. In total, one (1) bound original Proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting proposer along with one (1) unbound but clipped copy of the complete Proposal and one (1) digital copy of the complete Proposal in PDF format on a labeled CD/DVD or thumb drive. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Request for Proposals and Developer Qualifications for the United States Postal Service Boynton Beach Downtown Station Project Boynton Beach Community Redevelopment Agency City of Boynton Beach, Florida Issue Date: September 30, 2022 Submittal Deadline: November 29, 2022, no later than 2:00 p.m. (EST) c. Completeness. All Proposals must be complete upon submittal to the BBCRA. d. Signature. The Proposal, and any documents submitted with the Proposal that require a signature, must be signed by an individual authorized by proposer to legally bind and represent proposer. e. Failure to Meet Submittal Requirements. The failure to meet the Deadline, submit a Proposal that complies with the form and number of copies requirements, or submit a complete Proposal may result in the Proposal being rejected and returned at the sole discretion of the BBCRA. 01783717-1 Page 9 of 33 176 f. Proposal validity. Proposals shall remain valid and binding on proposers for one hundred eighty (180) days after the submittal date. 12. RFP/RFQ Documents. The following planning and site documents are incorporated as part of this RFP/RFQ and may be obtained from the BBCRA office or ,h, ; ps,o// yv.b ynLonbeachcra„com/bu.sine.ss r0,p,ipu,;t/ffp:(q�:::.u;Q�s.:. • Aerial Map/Parcel Map of 401, 407 & 411 E. Boynton Beach Boulevard (see Attachment "A") • Survey of BBCRA Owned Properties (see Attachment "B") • Development Proposal for USPS Requirements (see Attachment "C") • Appraisal • Phase I Environmental Report • 2016 Boynton Beach Community Redevelopment Plan In addition, all proposers are encouraged to walk the Project Site and will be assumed to have performed all necessary inspections on the property. 13. RFP/RFQ Proposal Evaluation and Selection Process. The BBCRA staff shall review each Proposal and make a determination as to whether each Proposal meets the minimum submission requirements for review, including whether the Proposal is complete, and whether it fully complies with the terms and conditions outlined in this RFP/RFQ. A proposer's failure to provide a substantially complete RFP/RFQ response submission may result in the submission not being evaluated. The BBCRA may request clarification of submitted information from any proposer. The confidentiality of proprietary information from competing proposers shall be maintained to the extent permitted by law. In addition to meeting the minimum requirements of this RFP/RFQ as described in Paragraphs 9 and 10, each Proposal will be evaluated based on the information provided and on the following criteria, which are listed below in order of importance. As noted below, adequate capability to successfully undertake the proposed Project is a minimum standard which shall be met before any other criterion is considered. a. Capability of the Proposer and Development Team. The primary focus of the evaluation shall be on the experience, qualifications, and financial capacity of the proposer (and financial partner, if any is identified and to the extent firmly committed) considering: the proposer's track record of securing financing for (or self-financing) and developing projects of comparable nature and comparable or greater scale and of high quality in terms of their use and architecture; evidence of financing relationships and interest in the proposed Project; other information indicating the proposer's financial capacity which it 01783717-1 Page 10 of 33 177 chooses to provide at this stage; the proposer's reputation in the industry for competence and integrity; and successful completion of public-private development experience, if any. The capability and track record for high quality design of the architect/design team will also be considered. Note that if a proposer's qualifications and financial capacity are not considered adequate to successfully undertake the Project, the proposer will not be considered no matter what the Proposal's merits are on other criteria. Adequacy of qualifications, relative qualifications, and capacity will be considered comparative criteria weighed along with the other criteria. b. Likelihood of Feasibility. The likelihood of the proposed Project being feasible in a reasonable timeframe, considering: (1) The thoroughness and convincing nature of the proposer's analyses, assumptions, and strategies, including: the market, development/construction, financing, operating, and other elements of the Proposal; (2) Financing commitments, if any; (3) Extent of control of any additional properties proposed to be included in the Project; (4) Implementation schedule; and, (5) Conditions and contingencies for realizing the project such as financing, market/pre- leasing, and regulatory/approvals, and how likely these are to be achieved. c. Financial Return/Effect to BBCRA. This criterion will be evaluated for the value of the proposed sale terms, any subsidy requested from the BBCRA, as well as real estate taxes and any other direct or other clearly identifiable revenues to the BBCRA that would be generated by the project, along with consideration of the timing and likelihood of receiving these revenues and any such other direct values or costs that the BBCRA in its discretion considers relevant and can reasonably be evaluated. (It should be noted that, although revenue generated by the project is an important evaluation criterion, the BBCRA is not obligated to select or negotiate with the proposer who proposes the highest financial return to the BBCRA.) d. Fulfilment of the CRA's requirements and objectives for the Project as stated in Paragraph 1. This would include the operational efficiency, aesthetic quality, and the amenities of the Project. The proposed Project's ability to contribute to the vitality, amenity, and economic activity of and in the Downtown District; have a high-quality architecture and aesthetic appeal; initiatives beyond what is required and/or that are unique solutions; and the inclusion of adjacent properties to the extent that it will improve the overall quality of the proposed development; will be considered. e. Proposed plan or program to use local contractors, sub -contractors, and laborers in the Project. The plan or program shall include pre -apprenticeship or apprenticeship training and monitoring mechanisms. 01783717-1 Page 11 of 33 178 After the BBCRA staff reviews the proposals for completeness and evaluates the proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the BBCRA Board at a public meeting. The proposers will present their proposals and their PowerPoint slide presentations before the BBCRA Board at their regular scheduled meetings in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. In the selection of the successful proposer (if any), the BBCRA Board will consider all proposals that meet the minimum submission requirements for review, the BBCRA staff review, the BBCRA Advisory Board recommendation, and/or any other relevant data. At the conclusion of the public presentations, a proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a proposer regardless of their ranking, and can, at its sole discretion, opt to terminate the RFP/RFQ process or continue the process to a subsequent meeting. The existence of a contractual relationship between a proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected proposer, and execution of an agreement by both parties. Therefore, upon selection of a successful proposer, the BBCRA and the successful proposer will then enter into negotiations for a Purchase and Development Agreement that will contain terms substantially similar to those contained in the successful proposal and this RFP/RFQ. i. Any Purchase and Development Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within ninety (90) days of the selection of the successful proposer, proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. iii. If the BBCRA sends an agreed-upon Purchase and Development Agreement, or sends a Purchase and Development Agreement with a communication that informs the proposer that the agreement constitutes the BBCRA's final offer, and proposer fails to return an executed copy of the provided Purchase and Development Agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to acceptance of such agreement. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another proposer, re -advertising the RFP/RFQ, electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the BBCRA. 01783717-1 Page 12 of 33 179 Any transfer of the property from the BBCRA to a proposer for less than market value will be subject to approval of the City of Boynton Beach City Commission. Other proposals may be subject to approval of the City of Boynton Beach City Commission. 14. Tentative Schedule. The following tentative schedule is anticipated for actions related to this RFP/RFQ. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA's website at www.boyntonbeachcra.com. RFP Approval by CRA Board (subject to legal review): September 13, 2022 Issue Date of RFP/RFQ: September 30, 2022 Voluntary Pre -Submission Meeting: October 18, 2022 Question/Request for Clarification Deadline: October 31, 2022 Submittal Deadline: November 29, 2022 Presentation to BBCRA Board: January 10, 2022 Draft Purchase and Development (P&D) Agreement: March 14, 2023 CRAB Review of P&D Agreement April 7, 2023 BBCRA Board Approval P&D Agreement: May 9, 2023 (Note: Dates above subject to change — registered interested parties will be notified by email of changes, if any.) 15. Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this RFP/RFQ must be directed to the person designated as the procurement officer for this RFP/RFQ: Timothy Tack, Assistant Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4t" Floor Boynton Beach, Florida 33435 Phone: (561) 600-9091 Fax: (561) 737-3258 Email: 'rack,mbbffLu.s b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, and requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than October 31, 2022. All answers to questions, clarifications, and interpretations will be issued in the form of an addenda, which becomes a part of this RFP/RFQ. The proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted 01783717-1 Page 13 of 33 180 Proposal (see Attachment "J"). It is the responsibility of all proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer, or to any assumptions made by proposer. Written responses to all written questions submitted shall be maintained by the BBCRA in the RFP/RFQ file. c. Limitations on Communications; Cone of Silence; No Lobbying. Proposer or persons acting on proposer's behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the BBCRA posting the notice of intended award (excluding Saturdays, Sundays, and state holidays), any employee, officer, or Board Member of the BBCRA concerning any aspect of this RFP/RFQ, except in writing to the procurement officer or as provided in the RFP/RFP documents. Violation of this provision may be grounds for rejecting a Proposal. Further, during the same time period, proposer or persons acting on proposer's behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this RFP/RFQ. Communication prohibited by this RFP/RFQ, or by any other state, federal, or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the Proposal or selection process. Any violation of this condition may result in rejection and/or disqualification of the proposer's Proposal. For purposes of this section, persons acting on proposer's behalf shall include, but not be limited to, the proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the proposer. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP/RFQ and shall terminate at 1) the time the BBCRA Board selects a proposer, rejects all Proposals, or otherwise takes action which ends the solicitation process; or 2) at the end of the seventy-two (72) hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later. 16. Disclosure and Disclaimer. Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this RFP/RFQ at any time; b. Modify the schedule associated with this RFP/RFQ; c. Issue addenda to this RFP/RFQ; 01783717-1 Page 14 of 33 181 d. Request additional information, clarifications, or assurances from one or more proposers or prospective proposers; e. Reject any and all Proposals; f. Refrain from awarding an agreement as a result of this RFP/RFQ; g. Verify the accuracy of any information provided; h. Accept Proposals that deviate from this RFP/RFQ; L Disqualify or reject Proposals that are incomplete, untimely, or unclear; j. Re -advertise this RFP/RFQ and accept new Proposals; k. Obtain economic feasibility studies or third -party evaluations with regard to any part of any Proposal; I. Evaluate the Proposals through any process that complies with the BBCRA Procurement Policy, this RFP/RFQ, and applicable Florida Statutes, m. Select one or more successful Proposals or proposers it deems will be in the best interests of the BBCRA, regardless of which Proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this RFP/RFQ for all Proposals or for a specific Proposal; o. Waive any formalities associated with this RFP/RFQ; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP/RFQ. Any proposer who submits a Proposal in response to this RFP/RFQ fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP/RFQ, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP/RFQ, proposer or proposer's Proposal may be disqualified. 17. Protests. The Bid Protest Policy is available upon request. Submittal of a Proposal in response to this RFP/RFQ constitutes acceptance of this policy. 18. Non -Discrimination. The selected proposer, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the RFP/RFQ, the BBCRA, the Proposal, any agreement resulting from this RFP/RFQ, or the Project. 19. Permits, Taxes, Licenses and Laws. The successful proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, 01783717-1 Page 15 of 33 182 ordinances, rules, and regulations applicable to responding to this RFP/RFQ and carrying out the Project. 20. Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this RFP/RFQ to be of non -confidential and/or non- proprietary in nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a proposer believes any portion of a proposal is exempt from public records disclosure, the proposer must identify the portion of the proposal it believes it is exempt, state the reason for exemption, and request the BBCRA exempt it from public records disclosure. The BBCRA will exempt potions of a proposal from public records disclosure only to the extent permitted by law. 21. Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes. The successful proposer shall comply with Florida's Public Records Law. Specifically, the successful proposer shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and, d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 E. Ocean Avenue, Boynton Beach, Florida 33435, 22. Public Entity Crimes Statement. 01783717-1 Page 16 of 33 183 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, , or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this RFP/RFQ, proposer must complete and attach Attachment "K" Public Entity Crimes Statement 23. Drug Free Workplace Certification Preference shall be given to proposer(s) with drug free work programs, under the standards described in Section 287.087, Florida Statutes. Whenever two (2) or more proposals that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the proposer shall complete and submit with its Proposal the attached certification, Attachment "L," Drug Free Workplace Certification. 24. E -Verify. In any agreement resulting from this RFP/RFQ, the proposer will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Proposer agrees and acknowledges that the BBCRA is a public employer that is subject to the E -verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. 25. Authorization for Release of Information Proposer consents to the BBCRA checking references and contacting prior stakeholders concerning past projects proposer has completed. Bidders must complete Attachment "M" Authorization for Release of Information. 26. Non -Scrutinized Entity By submitting a bid, bidder certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. Proposers must complete Attachment "N," Certification of Non -Scrutinized Entity. 01783717-1 END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS Page 17 of 33 184 0178.717-1 Page 18 of 33 185 LIST OF ATTACHMENTS: A. AERIAL MAP/PARCEL MAP B. SURVEY OF BBCRA OWNED PROPERTIES C. USPS REQUIREMENTS i. Requirement Overview ii. Facility Planning Concept Summary iii. Development Proposal iv. USPS Lease Form D. PROPOSAL CHECKLIST E. PROPOSER(S) INFORMATION F. PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION G. DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK (PRINCIPAL OWNERS) i. AUTHORIZATION TO PERFORM CREDIT CHECK (BUSINESS) H. CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT DEPARTMENT MEETING VERIFICATION FORM I. ACKNOWLEDGMENT LETTER J. ADDENDA ACKNOWLEDGEMENT K. PUBLIC ENTITY CRIMES STATEMENT L. CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM M. AUTHORIZATION FOR RELEASE OF INFORMATION N. CERTIFICATION OF NON -SCRUTINIZED COMPANY 01783717-1 Page 19 of 33 :: ATTACHMENT "A" AERIAL MAP/PARCEL MAP 187 7/14/22, 8:58 AM PAPA Maps DOROTHYJACKS r r r r arlraretlrrl u rn bv,+ iy n �9am � 'y Gl �ll �' n ,wn�',. ✓ ,. .. ;, s e., , , e„ r G6iadldli� rrlAiJuiv;�� A , ,. Search by Owner, Address or Parcel View Property Record Owners BOYNTON BEACH CRA Property Detail II...w vI:iion 401 E BOYNTON BEACH BLVD 1Iudiii 1,,,1Im111'rl:y BOYNTON BEACH Ilair:rJl No. 08434 S 21 1 80000060 Subdivision n ARDEN PARK ADD 1 32246 Page 398 `�,Alle IDae, FEB -2021 100 E OCEAN AVE FLOOR Ivl,alill inq 4 Adds ` ,, BOYNTON BEACH FL 334354515 Us, I ylrre 1 100 - STORES I o aall 2062 ;aliud�urn I a,aq. Sales Information Sales Date Price FEB -2021 917000 SEP -2013 10 SEP -2010 10 JAN -2006 275000 Appraisals 2021 Tax Year 2021 n'7lrrroverrmill1, Value $63,670 i and Valllu e $133,112 II)( AllVa 1111k rP_ Valllue $196,782 All values are as of January I st each year $4,094 I Assessed/Taxable values Tax Year 2021 A, s,-,sMValhx $191,121 1 xriinl'rlirlon Ainoiurrl'.: $0 I11j"ahllrV,allGuar. $191,121 '. ...Taxes ....................... Tax Year 2021 Ad V;,doi-a�nn $4,094 I `,Utero Ad Vallloi-rrn $960 i 1011111 i:ax $5,054_ `: 89 https://ma ps. co. pal m-beach.fl. us/cwgis/papa. htm I?gval ue=08434521180000060 7/14/22, 8:59 AM PAPA Maps DOROTHYJACKS C, r - A, hay ,,, Z,, "'U'3 Search by Owner, Address or Parcel View Property Record Owners BOYNTON BEACH CRA "—,//"—"—"—" ------ ------ ------ ------ Property Detail 11 wa I on 407 E BOYNTON BEACH BLVD A u iii !,, 1 Im 111 [ y BOYNTON BEACH lairell IPIo. 08434521180000051 Subdivision ARDEN PARK ADD Book 32246 I'd90 398 ',,Alr, IDad e FEB -2021 100 E OCEAN AVE Mailhinq FLOOR Add n,A,, BOYNTON BEACH FL 33435 4515 -VACANT COMMERCIAL lype 1000 W I all *Iumro Sales Information Sales Date Price FEB -2021 917000 SEP -2013 10 SEP -2010 10 JAN -2006 10 JAN -2006 325000 Appraisals Tax Year 2021 11111aplovnirmim valuo $57 11 a I id V411 je $I56,660 mall Ivamrlkol V'RhAv $156,717 All values are as of January I st each year ..................................................... Asses sed/Taxable values Tax Year 2021 A,,,,,,nP,ac.rcl Vakw $128,840 11 XvimlAinin $0 Ainn"nP axal-Akl Value $128,840, Taxes Tax Year 2021 Ad %4oroin $2,925 Non Ad Vallororin $0 10 a 11 11si X $2,925, 190 https://maps.co.palm-beach.fl.us/cwgis/papa.htmI?qvalue=08434521180000060 7/14/22, 8:59 AM PAPA Maps { C, Ck hay , radldair " r r arlrvetnr u r+ bv,+ iy n �9am �� ,1 Gl��ll �' n ,wn�',. ✓ ,. .. ;, s e., , , e„ r G6irrlAiJuiv;�� A , ,. Search by Owner, Address or Parcel View Property Record Owners '..BOYNTON BEACH CRA Property Detail II...w vI:iion 411 E BOYNTON BEACH BLVD 1Iudiii 1,,,lIm111'rl:y BOYNTON BEACH lai rrJl IPIca.. 08434S21180000040 Subdivision n ARDEN PARK ADD 1 32246 Page 398 I '�alle IDae, FEB -2021 100 E OCEAN AVE FLOOR INll,alilllrnrg 4 Adds ` ,, BOYNTON BEACH FL 334354515 Us, I ylrre 1 100 - STORES IoIaall ;n�lud�ur4'� I rat 0 Sales Information Sales Date Price FEB -2021 917000 SEP -2013 10 SEP -2010 10 JAN -2006 10 JAN -2006 325000 Appraisals 2021 Tax Year 2021 III nlproveirio n: Value $133,960 I Il;and Vallu..e $177,716 1"ol,111l IM arlkm Value $311,676 I All values are as of January I st each year $6,613 Assessed/Taxable values ''..... Tax Year 2021 ,r:rllValllup $311,676 '..... 1 Y,,I'n.bllon Ai nmrn'l: $0 'll axable Value $311,676 '.., ...Taxes ....................... '..... Tax Year 2021 A61 Vnallorr^nn $6,613 IAdW11ramrl $1,550 1 IwG,all lax $8,163 l 191 https://ma ps. co. pal m-beach.fl. us/cwgis/papa. htm I?gval ue=08434521180000060 ATTACHMENT "B" SURVEY OF BBCRA OWNED PROPERTIES 192 t 30 l r..... anvH�z3svxi ...__..,, A.... VIN3W.....................................,...._.__�_._�.. ....,.. �.�.„�„...M 5N3°Jd1N3Wd0l3A343211J.INfiWWOO HOV38 NOINAOB N 1e°45 H eoiaifaa� `JNIddtlW OM/ ONU 3AN(S ltlNOlSS3�OFld Oico oz J777N,SdLHBraM iJOA AMdns Od01 ONV AUVONnos _ mx e �,.eN ear".....................................�._...,.....,,,....,.,.,.,.,.,�..w.........__.,_._.........µ.,.,...,................_......._........................ a o°s "`�..'. t_.J..9...,,,.3�.A..�1...»..`._.................. ..........._...._..............._...,.m__.........__.._._.____._._.._........ ..... ......... _... BBOAVN ” � �i� � • �^ / IF :B a% aB a .:d Di .00 _ (d) N✓a °Wane aau, ,ov T -- _ _ 3AV Ob02flIb2L L _ a Oo M9MN1 9 tleo � Itl � � yJ f �6s'I I ¢ 04 N Im s L—ld _ kl i} I I a 4a Ir't1 f,o y @e !,H i R, 9 I J i gs i�� 1 g I. I ar miµ 000zL „. erY�ua x _'µ iJ)b .Ww'ee „ryNU"ll4 . A°i � bb9tl 6� b �d•1� a ye �J1 r�3 $ra 5el �� By"y s I 4 �q v S BZ.ZON a ace t �,�„._..-- ld a nrrena auvn us .aoaz y,. pfp� 1332115 O21(' nY+usm� rriha .x„ a � M M r ATTACHMENT "C" USPS REQUIREMENTS 194 ATTACHMENT "C.i." REQUIREMENT OVERVIEW 196 L E Cf) T 4- a N U � T 4- a WE M> W U N m O O m co W 0 c N Q i U 0 w co OE ^Q L LL LL L = J U) = N () N M ti N rn Li WE M> W U N m O O m co W 0 c N Q i U 0 w co OE ^Q L LL LL L = J U) = N () N M ti N rn co LU cl;rn J LL � m � O I•� N (n Q I� : O (L) O 7C O C M 0) Co m LU Q U) U 00 Uca C) U) Q,, p O U U � Z O > +' N cfl co N 0 N ,,!. "lz =OU 7 s m + co � < y �, o c NZLLJ s o U OE a E m O � U L N V O CO ■� O iZ 0 o �m U (3)p Q M oar o LL N AW N _ CQ U) N U :3O NO Y U CQ O �] d J r` O O a+ iZ ^ � N N c�tf m O N u) = O O Y co J CO CO a'— p E 0-)0 N � s R M N .— L N p i Q co O13 d W ■ CU O Ca >, '� CU N Cn a Ln U N 0 �' °a) co � � E rn L C:N M C) 0 CU J d i N Cll ii Q LL CO = Q N U a O N m W W CV M vJ J (V L m (� _ •� W/ / LL NW ry O7 `) Q O L In CD ■ Z 0com 0 CD Q o ATTACHMENT "C.ii." FACILITY PLANNING CONCEPT SUMMARY 199 ME a m IMMEME ■ U. RpJ, r -CD zo co W, z, D CID 0 0 R co o o o o o SJN rL w f oom LLPfj 75 LL . f Ta . . ..... . . 0IP LL 44 rfa > -RI. G) NYi 0- �s T 2 Ll g, 0 L , L E E ID W Y C s 4yimar CL - uj C 4k /V7 a Rt w LL, CA I,- z (D 0 0 rl :2 o LLJ ID 0" fF0 0 U) 0 l. l. 0. LuCK 0 c ly, 0 0 LL i I= I 1�1 I T Lf, Q N / Of r C)o"sr, a 06 p r NKA' oy fl J "a YB'Y 1` k IdS 4'1 c c ii _ tk�' 1 6 � 9 q��"I 13 r•- (.,. P n c u r. 1 w ~r LLD x LY > y 0�5CD_. � m m 1 nr /'. _..... A 'AGF ,✓(" T Lf, Q N ATTACHMENT "C.iii." DEVELOPMENT PROPOSAL 202 M cc O N Appendix 2 ,ALL .= U.S. Postal Service Lease Proposal Boynton Beach Relocation Thuy Shutt, AIA, FRA RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. Boynton Beach, FL 33435 June 28, 2022 Re: 401-411 E. Boynton Beach Blvd., Boynton Beach, FL Dear Ms. Shutt, On behalf of the United States Postal Service (USPS), Jones Lang LaSalle is pleased to submit this Letter of Intent (LOI) to the Boynton Beach CRA. Due to the pending sale of the current USPS location, USPS needs to relocate its retail operation. To continue to best serve the community, USPS seeks a new location as close as possible to the downtown hub. The CRA -owned property at 401-411 E. Boynton Beach Blvd. is an ideal site. However, because USPS is unable to purchase the land directly and construct a new building itself, they are respectfully requesting the CRA's assistance with the following solution: for the CRA to utilize Option II of its LOI Policy to issue a Request for Proposals to qualified parties to purchase the CRA -owned parcel and construct a freestanding building which USPS will lease on a long-term basis. Following are the details of this requirement 1. USPS Building Requirements: 2. Form of Lease: As a federal entity, USPS is required to utilize its lease form. 3. Rental Type: USPS seeks a modified gross lease, whereby the landlord would have responsibility for maintaining the building and grounds. 4. Space Condition: USPS will provide a complete design which the landlord shall use to construct the building shell. USPS will build out the interior itself. 5. Lease Term: 120 Months (possibly longer), with two (2) five-year options to renew. 6. Tenant's Broker:Jones Lang LaSalle is Tenant's exclusive broker and representative. Jones Lang LaSalle is not an agent or subagent of the Landlord. Landlord shall pay Jones Lang LaSalle one full real estate commission equal to 4% of the lease value, due and payable at lease execution. Please feel free to contact me with any further clarification or questions in order to help you expedite your response. Page 1 of 3 204 U.S. Postal Service Lease Proposal Boynton Beach Relocation Sincerely, Sarah Kutner, Senior Transaction Manager Jones Lang LaSalle Email: Sarah. Kutner@am.jll.com Tel: (202) 719-6135 cc: Richard Hancock, USPS Steve Robinson, JLL Page 2 of 3 205 90z �V _ wP 88885C6CC zee 3z 'li'HOV S WiWO9 x .0-N -QN LWWI M 3ONVNI3 HOV38 NO1NA08 0 ioaiiHZ%V-OONVIG a 9SOP 03SOd0?Jd - � s s s U � g O 9 O a m m U U L L L`^ LJ J J L L J J L L! 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USPS LEASE FORM 223 Appendix 3 ' °' ' Lease 224 Facility Name/Location Lease (Single -Tenant Form) County: Lease: Q90000674655 This Lease, by and between [Landlord Entity to Be Entered], ("Landlord") and the United States Postal Service ("USPS" or "Postal Service"), is made as of the Effective Date. The "Effective Date" shall mean the date the Postal Service executes this Lease. In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: 1. PREMISES: Landlord hereby leases to the Postal Service and the Postal Service leases from Landlord, the following premises (the "Premises") located in a Concrete building having a street address of (the "Building") situated upon the real property with an Assessor's Parcel Number of and legally described in Exhibit A attached hereto and by this reference incorporated herein (the " Property"). The Premises consists of approximately square feet of net interior space and additional space, if any, as shown on Exhibit C and incorporated herein by this reference. The Postal Service shall have the right to use any and all appurtenances and easements benefiting the Premises and the Property, including sidewalks, driveways, drive lanes, entrances, exits, access lanes, roadways, service areas, and parking areas, wherever located in or on the Property, which the Postal Service deems necessary or appropriate to support its intended use of the Premises and to exercise its rights under this Lease. Landlord shall not make any changes to the size, location, nature, use or place any installations upon the sidewalks and parking areas of the Property which impair the accessibility to or visibility of or ease of use of the Premises by the Postal Service and/or its customers, as reasonably determined by the Postal Service. 2. TERM: The Lease shall be effective as of the Effective Date but the term of this Lease and the obligations of the Postal Service, including the payment of any charges or rent under this Lease, shall commence ("Commencement Date") only after Landlord's delivery of the Premises to the Postal Service in accordance with the terms of this Lease. The Commencement Date will be confirmed by written notice from the Postal Service to the Landlord. Such written notice may also include set dates for the renewal option terms based on the actual Commencement Date. If Landlord fails to object to the dates in such notice within 10 business days, such date shall be final and binding on the parties. The Lease shall expire on the last day of the th calendar month following the Commencement Date. If this Lease is extended, then such extended period shall also be referred to herein as the "term." 3. RENT: The Postal Service will pay Landlord an annual rent of: $ ("Rent"), payable in equal installments at the end of each calendar month during the term. Rent for a part of a month will be prorated according to the number of days of the month occurring during term. Rent shall be paid to: 4. RENEWAL OPTIONS: The Postal Service shall have the right to the following renewal options: Period Annual Rent Month Month Market Value 225 August 2017 Page 1 of 2 Facility Name/Location Month Month Market Value Lease (Single -Tenant Form) County: Lease: Q90000674655 provided that notice of exercise of each such renewal option is sent in writing, to the Landlord at least 30 days before the end of the initial Lease term and each renewal term. All other terms and conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. 5. OTHER PROVISIONS: When used herein the term 'lease" or "Lease" includes all of the following additional provisions, modifications, riders, layouts, and/or forms which were agreed upon prior to execution and made a part of this Lease. • General Conditions to USPS Lease • Real Estate Conflict of Interest Certification • Addendum • Maintenance Rider Landlord Responsibility • Tax Rider Percentage Reimbursement of Paid Taxes • Utilities, Service, & Equipment Rider • Subordination, Non -Disturbance and Attornment Agreement • Renewal Option Rider (Market Value) 6. TERMINATION: There shall be no early termination rights, except as otherwise provided in this Lease. [Signature Page Follows] OV August 2017 Page 2 of 2 Facility Name/Location County: Lease: Q90000674655 LANDLORD Name: By: Witness Name: Title: Name: Date: Witness Provide for Execution by Witnesses above or Notary below State of County of Signature Page I, the undersigned Notary Public of the County of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of My Commission Expires: (Affix Seal) Notary's Printed or Typed Name POSTAL SERVICE By: Name: DAVID ROUSE Title: Contracting Officer Date: August 2017 Page 1 of 1 Notary Public 227 UNITED STATES . SERVICE. Facility Name/Location County: Lease: Q90000674655 Instructions Instructions for Execution and Providing Supporting Documentation for Types of Landlord Entities Individual, Administrator, or Trustee a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If the Landlord is married, the spouse of the Landlord must also execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. c. Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. Partnership a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If the Landlord is married, the husband or wife of the Landlord must also execute the Lease. The Landlord must submit adequate evidence of title. b. If the Landlord is a general partnership, each member must sign. c. If the Landlord is a limited partnership, all general partners must sign. Corporation a. Where the Landlord is a corporation, leases and lease agreements entered into must have the corporate seal affixed, or in place thereof, the statement that the corporation has no seal. b. Where the Landlord is a corporation, municipal corporation, non-profit organization, or fraternal order or society, the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind the corporation, municipal corporation, non-profit organization, or fraternal order or society for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers who are authorized to sign the Lease must appear in the document. Limited Liability Company (LLC) a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is an "LLC", the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind the "LLC", for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the formation documents for the "LLC", including, without limitation, the certificate of formation and limited liability company agreement. Such documentary evidence, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers or members or agents who are authorized to sign the Lease must appear in the document. 228 August 2017 Page 1 of 2 UNITED STATES . SERVICE. Facility Name/Location County: Lease: Q90000674655 Instructions Limited Liability Partnership (LLP) a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is a Limited Liability Partnership, the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind the Limited Liability Partnership for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the formation documents for the limited liability partnership, including, without limitation, the certificate of formation and limited liability partnership agreement Such documentary evidence, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers or members or agents who are authorized to sign the Lease must appear in the document. Trust a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. c. Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. 229 August 2017 Page 2 of 2 Facility Name/Location Real Estate Conflict of Interest Certification County: Lease: Q90000674655 R To avoid actual or apparent conflicts of interest, the United States Postal Service ("Postal Service") requires the following certification from you as a potential Landlord/Licensor/Supplier/Contractor to the Postal Service. Please check all that apply in item A below. Further, please understand that the Postal Service will be relying on the accuracy of the statements made by you in this certification in determining whether to proceed with any possible transaction with you. I, hereby certify to the Postal Service as follows: [PRINT: name of potential Landlord/Licensor/Supplier/Contracto[] A. (Check all that apply) I am: A Postal Service employee; The spouse of a Postal Service employee; A family member of a Postal Service employee; (Relationship) An individual residing in the same household as a Postal Service employee; (v) I am one of the individuals listed in (i) through (iv) above AND a controlling shareholder or owner of a business organization leasing or licensing space or intending to lease or license space to the Postal Service; OR (vi) None of the above. B. (Complete as applicable): i. I have the following job with the Postal Service: (Title) (Location) ii. My spouse who works for the Postal Service holds the following job: (Title (Location) iii. My family member who works for the Postal Service holds the following job: (Title) (Location) iv. My household member who works for the Postal Service holds the following job: (Title (Location) C. If you have checked "none of the above" and during the lease or license term or any renewal term, you do fall into any of the categories listed in A (i) through (v) above, you shall notify the Postal Service's Contracting Officer in writing within 30 days of the date you fall into any of the such categories and shall include an explanation of which of the above categories now applies. D. The person signing this certification has full power of authority to bind the potential Landlord/Supplier/Contractor named above. Wf August 2017 Page 1 of 2 Facility Name/Location Real Estate Conflict of Interest Certification Executed this day of M County: Lease: Q90000674655 [Insert Signature] ,20 BY: [PRINT: name of entity or person] Title: [Insert title] R [INTERNAL USE ONLY: 1) If A(vi) 'none of the above' is selected, stop, file form with the lease/license. 2) If other items are selected, submit form to Ethics. hel p&usps.gov. File form and Ethics determination with the lease/license.] 231 August 2017 Page 2 of 2 Facility Name/Location Provide Floorplan August 2017 County: Lease: Q90000674655 Exhibit A [Legal Description of Property] Page 1 of 3 Exhibits Facility Name/Location August 2017 County: Lease: Q90000674655 Exhibit B Parking Area (if Applicable) Page 2 of 3 Exhibits �*X Facility Name/Location August 2017 County: Lease: Q90000674655 Exhibit C Page 3 of 3 Exhibits 234 Facility Name/Location County: Lease: Q90000674655 Addendum If there is any conflict or ambiguity between any items of the Lease or this Addendum, the terms of this Addendum shall control. ANY APPROVED CHANGES GO HERE 235 August 2017 Page 1 of 1 Facility Name/Location 1. APPLICABLE CODES AND ORDINANCES General Conditions to USPS Lease County: Lease: Q90000674655 The Landlord shall comply with all codes and ordinances applicable to the ownership and operation of the Building and Property without regard to the Postal Service tenancy and obtain all necessary building permits, certificates of occupancy, and similar related items at no cost to the Postal Service. The Postal Service agrees (i) to comply with all applicable codes and ordinances to the operations of the Postal Service at the Premises, to the extent enforceable against the Postal Service, and (ii) when the Postal Service or one of its contractors (other than Landlord) is performing work at the Premises, the Postal Service will be responsible for obtaining applicable permits and related items and to pay the associated costs. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity. 2. LANDLORD'S INTEREST a. Landlord represents and warrants to the Postal Service that as of the Effective Date, (i) Landlord owns and holds fee title in and to the Building, the Premises and the Property; (ii) there are no encumbrances, liens, agreements, covenants in effect that would materially interfere with the Postal Service's ability to operate its operations, materially impair the Postal Service's rights under this Lease, or materially increase the Postal Service's obligations under this Lease; and (iii) Landlord is unaware of any existing or impending condemnation plans, proposed special assessments or other adverse physical conditions relating to the Property. The term "Landlord" as used herein shall mean only the owner or owners, at the time in question, of the fee title (or a tenant's interest in a ground lease) of the Property. b. If this Lease provides for payments aggregating $10,000 or more to Landlord, claims for monies due or to become due from the Postal Service under it may be assigned by Landlord to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party at a time, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this Lease. No assignment or reassignment by Landlord will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment and other reasonable documentation, including without limitation, a W-9, is filed with: 1. the Postal Service's Contracting Officer; and 2. the surety or sureties, if any, upon any bond. c. Assignment by Landlord of this Lease or any interest in this Lease other than in accordance with the provisions of this clause will be grounds for termination of this Lease by the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the Premises by Landlord, provided that: 1. such transfer is subject to this Lease; 2. a copy of the recorded deed or other official transfer instrument evidencing the transfer is provided to the Postal Service; and �* August 2017 Page 1 of 13 Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 3. Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to the Postal Service within 15 days after the date of transfer. In addition, both the original Landlord and the successor landlord shall execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the Postal Service within 15 days after receipt of such form from the Postal Service. If due to the death or dissolution of the original Landlord preventing the execution and delivery of the Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form, the Postal Service may reasonably request such other documentation to evidence the transfer and ownership by the successor landlord, including but not limited to, a W-9 and an agreement to indemnify and hold harmless the Postal Service with respect to any claims by other parties of ownership interest in the Premises or entitlement to the Rent. The Postal Service shall be entitled to continue to pay rent and give all notices to Landlord until it has received the foregoing from Landlord. Landlord shall deliver all such funds in which the Postal Service has an interest to Landlord's successor or assignee. Provided Landlord's successor or assignee expressly assumes Landlord's duties and covenants under this Lease as required hereunder, Landlord shall be released from all liability toward the Postal Service arising from this Lease because of any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this Lease. Nothing herein shall be deemed to relieve Landlord of any liability for its acts, omissions or obligations occurring or accruing up to and including the date of such transfer, and the Postal Service shall be free to exercise any and all remedies for a Landlord default against either the Landlord or a successor landlord, at the election of the Postal Service. Notwithstanding anything to the contrary contained herein, in the case of new leased space projects, this Lease may only be assigned or ownership of the property transferred following commencement of the fixed term, unless prior written consent is obtained from the Postal Service. 3. ASSIGNMENT/SUBLEASE BY THE POSTAL SERVICE The Postal Service may sublet all or any part of the Premises or assign this Lease only with the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed, but the Postal Service shall not be relieved from any obligation under this Lease by reason of any subletting or assignment. If Landlord fails to respond in writing to a written request to sublease or assign from the Postal Service within 10 business days after receipt by Landlord of the Postal Service's written request, Landlord shall be deemed to have consented to such sublease or assignment, as applicable. 4. ALTERATIONS AND RESTORATION a. The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures and install flags or signs in or upon the Premises or common areas; which fixtures, additions, structures, flags or signs so placed in, upon or attached to the Premises or common areas shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service at any time and from time to time, including, without limitation, at the end of the term or any renewal term, subject to the provisions of Section 4b below. b. Upon expiration or termination of this Lease, the Postal Service shall remove its personal property and restore the Premises to a "broom clean" condition with any systems and structures for which the Postal Service is responsible (under the Maintenance Rider attached to this Lease) in working order. Except as provided to the contrary in the immediately preceding sentence, the Postal Service shall not be responsible to restore any condition due to reasonable and ordinary wear and tear, damages by the elements, or by circumstances over which the Postal Service has no control. The Postal Service at its sole option may, prior to the expiration or termination of the �*Vj August 2017 Page 2 of 13 Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 Lease, remove any or all of the alterations or improvements or elect to abandon the alterations or improvements in or on the Premises. If the Postal Service elects to abandon, the abandoned alterations and improvements shall become the property of the Landlord and the Postal Service shall be relieved of any liability in connection therewith; provided, however, if following expiration of the Lease the Postal Service enters into a new lease agreement with Landlord to remain in the Premises, the Postal Service shall have continued responsibility for maintenance of such alterations or improvements which were installed by the Postal Service during the term of this Lease (and not by Landlord) in accordance with the Maintenance Rider attached to this Lease. 5. DAMAGE AND DESTRUCTION a. Obligation to Repair. If all or any portion of the Premises, parking areas, or any common areas of the Property providing access to the Premises or access to the parking areas are damaged or destroyed by fire or other casualty, Acts of God, of a public enemy, riot or insurrection, vandalism, or other similar casualty (each, a "Casualty"), Landlord shall, subject to the provisions of this Section, promptly commence and diligently pursue to completion the repair of such damage so that the Premises and the parking areas, or any common areas of the Property providing access to the Premises or access to the parking areas are restored to a condition of similar quality, character and utility for the Postal Service's purposes and to the Postal Service's reasonable satisfaction. Landlord shall not be responsible for (i) repairing or restoring the Premises to the extent the Casualty in question results from the negligent act, omission or negligence of the Postal Service or its employees (in which event that portion of the costs of repairs for damage directly caused by the negligence of the Postal Service shall be the responsibility of the Postal Service), (ii) repairing or restoring any improvements, alterations, or additions installed by the Postal Service, or (iii) any furniture fixtures, equipment, or other personal property of the Postal Service. b. Time Period to Repair. (i) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is tenantable (i.e. suitable for the Postal Service's use and occupancy in the then ordinary course of its business being conducted on the date of the Casualty), the Postal Service shall so notify Landlord not later than 3 days following the Casualty. Landlord shall submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of applications for necessary building permits and/or other required governmental approvals (as applicable) for the repair, within 30 days after the date of the Casualty, and shall complete the repair to the reasonable satisfaction of the Postal Service within 90 days after the date of the Casualty. Nothing stated herein is intended to relieve Landlord of its continuing obligations under this Lease, including, without limitation, Landlord's obligations to comply with law and for maintenance under this Lease. (ii) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is untenantable (i.e., not suitable for the Postal Service's use and occupancy in the then ordinary course of its business being conducted on the date of the Casualty), the Postal Service shall so notify Landlord not later than 3 days following the Casualty. If the Postal Service gives such notice that the Premises is untenantable, Landlord shall submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of applications for necessary building permits and/or other required governmental approvals (as applicable) for the repair, within 90 days after the date of the Casualty, and shall complete the repair within 270 days after the date of the Casualty. Nothing stated herein is intended to relieve Landlord of its continuing obligations under this Lease, including, without limitation, Landlord's obligations to comply with law and for maintenance under this Lease so that the Premises, if tenantable following the Casualty, remain tenantable. c. Postal Service's Remedies. If Landlord fails to meet any of the deadlines set forth in subsection b(i) or (ii), as applicable, then the Postal Service may (i) perform the repair (by contract or otherwise) and recover the cost plus a reasonable administrative cost and/or interest, by offsetting Rent and other payments and reimbursements due or 238 August 2017 Page 3 of 13 Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 to become due to Landlord under this Lease and/or any other lease with Landlord, or (ii) terminate the Lease upon 30 day's prior written notice with a termination date effective as of the date of such Casualty. d. Abatement of Rent. Rent and all other payments and reimbursements due or to become due to Landlord under this Lease shall abate, in whole or in part, commencing on the date the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas or access thereto are untenantable or unfit for the Postal Service's use or occupancy and continuing until the Premises, common areas providing access to the Premises or parking areas are once again tenantable or fit for the Postal Service's use or occupancy, as applicable. The Rent and all other payments and reimbursements due or to become due to Landlord under this Lease shall abate from time to time in proportion to the part or parts of the Premises not reasonably capable of such use and occupancy or the degree to which access to the Premises or parking for the Premises is reduced. The Postal Service shall attempt to continue the operation of its business on the Premises following a Casualty to the extent reasonably practicable consistent with life safety and good business practices. No exercise by the Postal Service of its right to rent abatement as stated above is intended to extend the time periods for producing the contracts for repair and for the completion of construction when the Premises are deemed to be tenantable or untenantable by the Postal Service as described hereinabove. By way of example, and not in limitation, in the event that a Casualty occurs and the damage from the Casualty is such that the Postal Service reasonably determines that a portion of the Premises is suitable for the Postal Service's use and occupancy in the then ordinary course of its business, then while rent will abate for the untenantable portion as described above, the Landlord shall remain obligated to submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of building permits, if applicable, for the repair, within 30 days after the date of the Casualty, and complete the repair to the reasonable satisfaction of the Postal Service within 90 days after the date of the Casualty. 6. INSURANCE a. Postal Service's Insurance. Landlord acknowledges that the Postal Service does not routinely purchase commercial insurance or maintain a separate account for potential claims, as is required to technically be considered "self-insured." Rather, the Postal Service is authorized to pay proper claims against it out of its general revenue fund and available credit, and is subject to suit for damages. Liability claims against the Postal Service are governed by the Federal Tort Claims Act, 39 U.S.C. §409(c), with the specific provisions being set forth at 28 U.S.C. §§1346(b), 2401(b), and 2671-2680. With respect to the issue of Workers' Compensation coverage, pursuant to 39 U.S.C. §1005(c), the Federal Employees' Compensation Act ("FECA"), 5 U.S.C. §§8101 et seq., is the exclusive remedy for all postal employees who sustain personal injuries on the job. While the Landlord is hereby waiving its standard insurance requirements for the Postal Service, if at any time the Postal Service assigns or subleases any portion of the Premises in accordance with the terms of this Lease to a non-governmental entity, Landlord has the right to impose its reasonable insurance requirements on the assignee and/or subtenant which are based on the assignee's and/or subtenant's proposed use of the Premises including the requirement that the assignee and/or subtenant reimburse Landlord for any increase in insurance premiums incurred by Landlord as a result of the assignee and/or subtenant's proposed use for the balance of the Term and any extensions, all as a condition of the assignment or sublease. b. Landlord's Insurance. Landlord shall, at its own expense, obtain and keep in full force and effect, the following insurance from an insurance company with a Best's rating of at least A and a Best's financial performance rating of at least 7. The insurance required to be carried by Landlord under this Section shall be referred to herein as "Landlord's Insurance." Upon request, Landlord shall provide the Postal Service with a copy of the certificate of insurance and premium bill evidencing Landlord's Insurance, together with the appropriate form stating Landlord's insurance policy(ies) has been endorsed. 239 August 2017 Page 4 of 13 General Conditions to USPS Lease County: Lease: Q90000674655 (i) Liability Insurance. Bodily injury, personal injury and property damage insurance, naming the Postal Service as an additional insured, insuring against claims of bodily injury or death, personal injury or property damage, arising out of or in connection with Landlord's acts or omission upon, in or about the Property, with an each occurrence limit of not less than $2,000,000 and a general aggregate limit of not less than $2,000,000. Landlord's Insurance shall be primary with respect to any claim covered under such insurance and arising out of events that occur outside the Premises. Landlord shall have the right, but not the obligation, to increase the amounts or limits of insurance to such amounts as Landlord deems reasonably necessary. Landlord may, at Landlord's option, carry insurance required under this Section under an umbrella policy or policies for coverage amounts exceeding $1,000,000, provided that such umbrella policy or policies otherwise comply with the requirements of this Section. (ii) Prosy Insurance. Insurance covering loss or damage to the Premises and the Property by reason of fire (extended coverage) and those perils included within the classification of "Special Form Causes of Loss" insurance (with other appropriate endorsements), which insurance shall be in the amount of at least 90% of the full replacement value of the Premises (exclusive of excavation, footings, and foundations) as determined by insurance company appraisers or Landlord's insurance broker. (iii) Flood. Earthquake, and Tornado Insurance. Insurance covering loss or damage to the Premises and the Property by reason of flood, earthquake, or tornado, which insurance shall be in the amount in line with insurance carried by comparable property owners of comparable properties within the vicinity of the Property. 7. HAZARDOUS/TOXIC CONDITIONS CLAUSE a. Definitions. As used in this Lease, the following terms have the following meanings: "Environmental Laws" mean all federal, state or local statutes, laws, ordinances, rules or regulations, relating to protection of human health or the environment, including but not limited to (i) all laws relating to the release of Hazardous Materials into the air, surface water, groundwater or land, or relating to the reporting, investigation or remediation of, licensing, manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials; (ii) all laws pertaining to the protection of the health and safety of employees; and (iii) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq.; the Hazardous Materials Transportation Act as amended 49 U.S.C. §1801 et seq.; the Resource Conservation and Recovery Act, as amended 42 U.S.C. §6901 et seq.; and the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. "Hazardous Materials" mean (i) any toxic substance or hazardous waste, substance or related material, or any pollutant or contaminant that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any and all Environmental Laws; (ii) petroleum, radon gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; and (iii) any substance, gas material or chemical that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any Environmental Laws. "Environmental Contamination" means the presence of any Hazardous Materials which includes the presence of friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building, at levels that require reporting to the enforcing environmental regulatory agency and/or environmental response action (s) under applicable Environmental Laws. �Z If August 2017 Page 5 of 13 Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 "Asbestos -Containing Material" (ACM) means any material containing more than 1 % asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. b. Landlord Disclosure. The Landlord shall disclose in writing to the Postal Service with regards to the Property: (i) the known presence of Environmental Contamination; (ii) the known presence, location and quantity of all ACM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non -ACM; and (iii) any known information concerning the presence of lead-based paint, radon above 4 picoCuries/liter (pCi/L), and lead piping or solder in drinking water systems. c. Landlord Certification. By execution of this Lease, the Landlord certifies that, to the best of its knowledge and excluding any written disclosures per paragraph 7.13, the Property is (i) free of Environmental Contamination; (ii) there are no undisclosed underground storage tanks or associated piping on, in, or under the premises or property; (iii) there are no ACMs, radon, lead-based paint, or lead piping or solder in drinking water systems, or in or on the Property; and (iv) Landlord has not received, nor is Landlord aware of, any notification or other communication from any party concerning any environmental condition, or violation or potential violation of any Environmental Law, regarding the Property or its vicinity. If the Landlord becomes aware of any such conditions, potential conditions, or violations of any Environmental Law regarding the Property or its vicinity defined herein, subsequent to Lease commencement, Landlord must disclose the new information to the Postal Service as soon as possible, and under no circumstances later than 5 business days after first becoming aware. d. Environmental Condition of the Premises. (i) Unless due to the negligence of the Postal Service, if after the Lease Commencement Date or any renewal thereof, Environmental Contamination is at any time identified on the Property, upon notification by the Postal Service, Landlord agrees to remediate such Environmental Contamination to the extent required by Environmental Laws. Prior to performing any work, Landlord must seek and receive written approval by the Postal Service Contracting Officer of the Landlord's contractor and scope of work, and such approval will not be unreasonably withheld. The foregoing notwithstanding, the Postal Service shall pay a portion of the costs of remediation of Environmental Contamination caused directly by the negligence of the Postal Service. (ii) If non -friable ACM is subsequently found in or on the Property or the Building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense, an asbestos survey of the premises pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If friable ACM is subsequently found in or on the Property or the Building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees at Landlord's sole expense, to remove and/or abate the friable ACM. (iii) In performance of any work under this Clause, Landlord and Landlord's agents, contractors, and consultants ("Landlord's Agents") shall provide all information and data obtained, generated or learned as a result the work, including all verified lab data and all consultant reports, studies and analysis to Postal Service as soon as they become available, but no later than the 7 business days after receipt. In addition, if requested by Postal Service, Landlord and Landlord's Agents shall promptly make available to Postal Service access to all raw data, whether or not verified. Landlord also shall provide Postal Service with copies of all correspondence, information and documents submitted by or received by Landlord or Landlord's Agents from any third party or any governmental authority relating to the work promptly upon its receipt and/or submission by Landlord or Landlord's Agents. Postal Service shall be permitted to have representatives present during all work, and Landlord and Landlord's Agents 241 August 2017 Page 6 of 13 Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 shall provide to Postal Service samples, copies of the results of on-site testing and visual inspections, and access at all reasonable times to all samples and tests taken or conducted. If non -friable ACM, whether disclosed by the Landlord prior to execution of this Lease or subsequently found in or on the Property after execution of this Lease, should become friable due to any cause other than the negligence of the Postal Service, the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM shall be performed by the Landlord at the Landlord's sole cost and expense. If ACM in or on the Property or the Building was rendered friable due to the negligence of the Postal Service (including any such negligence of the Postal Service under any prior lease or leases of the Premises), the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense. The parties agree as follows: (1) neither of the following shall constitute the negligence of the Postal Service: (a) reasonable and ordinary wear and tear and (b) damages by the elements or by circumstances over which the Postal Service has no control; (2) to the extent a failure by the Postal Service to maintain the improvements containing ACM in accordance with the Postal Service's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Postal Service hereunder, and the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense; and (3) to the extent a failure by the Landlord to maintain the improvements containing ACM in accordance with the Landlord's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Landlord hereunder, and the Landlord shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Landlord's sole cost and expense. (iv) If the Landlord fails to remove, or otherwise respond to in accordance with Environmental Law, any friable asbestos materials or Environmental Contamination, or fails to complete an AHERA asbestos survey and O&M plan with such diligence as will ensure its completion within the time specified in Postal Service notice to Landlord (or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the work within said time, as provided in the Maintenance Rider, the Postal Service shall have the right to perform the work (by contract or otherwise), and withhold the cost plus administrative costs and/or interest, from rent payments due or to become due or to become due under this Lease (or from other amounts owed to Landlord by the Postal Service or federal government). Completion of the work by Postal Service shall not relieve Landlord of its responsibility to perform the work in the future. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable or unavailable to it by reason of such condition. Alternatively, if Landlord fails to prosecute the work as required and the Postal Service Contracting Officer determines that the premises are untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law. e. Landlord Indemnification of Postal Service. Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from and against any and all claims, losses, damages, actions, causes of action, expenses, fees and/or liability resulting from, brought for, or on account of any violation of this Clause or in any way arising out of or connected to Environmental Contamination on the Property, except that Landlord shall not be required to indemnify the Postal Service for, and to the extent of, that portion of the Environmental Contamination caused directly by the negligence of the Postal Service. f. Rights to Contribution. Nothing stated herein is intended to limit the right of the Landlord or the Postal Service to make claims for contribution or cost recovery under applicable laws against each other or any other persons or entities responsible for such Environmental Contamination. 242 August 2017 Page 7 of 13 Facility Name/Location & DEFAULTS General Conditions to USPS Lease County: Lease: Q90000674655 a. Default by Postal Service. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by the Postal Service: (i) The failure by the Postal Service to make any payment of Rent or any other payment required to be made by the Postal Service under this Lease, as and when due, where such failure shall continue for a period of 30 days after Landlord notifies the Postal Service in writing of such failure; or (ii) The failure by the Postal Service to observe or perform any of the provisions of this Lease to be observed or performed by the Postal Service, other than the payment of sums due hereunder, where such failure shall continue for a period of 30 days after written notice thereof from Landlord to the Postal Service; provided, however, that if the nature of the Postal Service's default is such that more than 30 days are reasonably required for its cure, then the Postal Service shall not be deemed to be in default if the Postal Service commences such cure within such 30 day period and thereafter diligently pursues such cure to completion. b. Default by Landlord; Remedies. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Landlord: (i) Landlord's failure to observe or perform any of the provisions of this Lease required to be observed or performed by Landlord, where such failure is not cured to the full satisfaction of the Postal Service within 30 days after written notice by the Postal Service to Landlord of said failure; provided, however, that if the nature of Landlord's default does not have a materially adverse impact upon the Postal Service's operations in the Premises (as reasonably determined by the Postal Service) and is such that more than 30 days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within such 30 days, thereafter diligently pursues such cure to completion, and completes such cure not later than 60 days from the date of the Postal Service's initial written notice to Landlord; or (ii) if any representation or warranty made by Landlord was false in any material respect when given or deemed given hereunder. In the event of a default by Landlord, the Postal Service, at its option, without further notice or demand, shall have the right to any one or more of the following remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (a) to remedy such default or breach and deduct the costs thereof from the Rent next falling due; (b) to proportionately abate the Rent for any period the Premises, or any part thereof, are reasonably determined by the Postal Service to have been rendered untenantable, or unfit for use and occupancy, by reason of such default or breach; (c) to seek money damages for loss arising from Landlord's failure to discharge its obligations under the Lease; provided, however, that the Postal Service shall not seek or demand any consequential, punitive or special damages arising from Landlord's default; and (d) to terminate the Lease. Nothing herein contained shall relieve Landlord from its obligations hereunder, nor shall this Section be construed to obligate the Postal Service to perform Landlord's repair obligations under this Lease. The notice and cure provisions in this Paragraph (b) are for general defaults by Landlord not otherwise expressly addressed in other sections of this Lease, and therefore, to the extent of any conflict between the provisions of other sections of this Lease and this Paragraph (b), the provisions of other sections of this Lease shall govern. c. Force Majeure. In the event that either party shall be delayed or hindered in or prevented from the performance of any covenant, agreement, work, service, or other act required under this Lease to be performed by such party (a "Required Act"), and such delay or hindrance is due to causes entirely beyond its control such as riots, insurrections, martial law, civil commotion, war, acts or threats of terrorism, fire, flood, earthquake, delays by governmental authorities or other casualty or acts of God (a "Force Majeure Event"), then the performance of such Required Act shall be excused for the period of delay, and the time period for performance of the Required Act shall be extended by the same number of days in the period of delay. For purposes of this Lease, the financial inability of Landlord or the Postal Service to perform any Required Act, including (without limitation) failure to obtain adequate or other financing, shall not be deemed to constitute a Force Majeure Event. A Force Majeure Event shall not be deemed to commence sooner than 15 days before the date on which the party who asserts some right, �Z K August 2017 Page 8 of 13 Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 defense or remedy arising from or based upon such Force Majeure Event gives written notice thereof to the other party hereto. If abnormal adverse weather conditions are the basis for a claim for an extension of time due to a Force Majeure Event, the written notice shall be accompanied by data substantiating (i) that the weather conditions were abnormal for the time and could not have been reasonably anticipated and (ii) that the weather conditions complained of had a significant adverse effect on the performance of a Required Act. To establish the extent of any delay to the performance of a Required Act due to abnormal adverse weather, a comparison will be made of the weather for the time of performance of the Required Act with the average of the preceding ten (10) years climatic range based on the National Weather Service statistics for the nearest weather reporting station to the Premises. No extension of time for or excuse for a delay in the performance of a Required Act will be granted for rain, snow, wind, cold temperatures, flood or other natural phenomena of normal intensity for the locality where the Premises are located. 9. CLAIMS AND DISPUTES a. This Lease shall be governed by federal law, including but not limited to, the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109) (the "Act"). b. Except as provided in the Act, all disputes arising under or relating to this Lease must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this Lease. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the Postal Service Contracting Officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the Postal Service Contracting Officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the Postal Service Contracting Officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord -certified claims over $100,000, the Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The Postal Service Contracting Officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. 244 August 2017 Page 9 of 13 Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the Postal Service Contracting Officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. Landlord must proceed diligently with performance of this Lease, pending final resolution of any request for relief, claim, appeal, or action arising under this Lease, and comply with any decision of the Postal Service Contracting Officer. k. In the event of an alleged Postal Service default where the Postal Service has vacated the Premises, Landlord shall in all events have an affirmative obligation to obtain another tenant for the Premises at a fair market rental and to otherwise mitigate its damages. In no event shall the Postal Service or Landlord be liable for any consequential, punitive, or special damages under this Lease. The parties agree that this restriction shall not apply to liquidated damages, if any, provided for in any workletter or other rider or attachment to this Lease. 10. GENERAL a. Quiet Enjoyment. Without limiting any rights the Postal Service may have by statute or common law, Landlord covenants and agrees that, provided that the Postal Service is not in default under this Lease, and for so long as this Lease is in full force and effect, the Postal Service shall lawfully and quietly hold, occupy and enjoy the Premises during the term of this Lease from and after Landlord's delivery of the Premises to the Postal Service until the end of the term, without disturbance by Landlord or by any person having title paramount to Landlord's title or by any person claiming by, through or under Landlord. b. Exterior of Building. Landlord shall not place, or allow any other person or entity to place, any advertising, bas reliefs, murals or other decorations on the exterior walls of the area in which the Premises is located nor shall Landlord place, or allow any other person or entity to place any additional landscaping or plantings in such area in excess of that landscaping or planting in existence at the commencement of this Lease. Nothing stated herein is intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this Lease as needed. c. Recording. Not Applicable d. Subordination, Non -Disturbance and Attornment Agreement. If there is now or will be a mortgage on the property which is or will be recorded prior to the Effective Date, the Landlord must notify the Postal Service of the facts concerning such mortgage. This Lease will be subject and subordinate to the lien of all existing mortgages or deeds to secure debt encumbering the property, provided that Landlord has obtained from such holder of any existing mortgage a Subordination, Non -Disturbance and Attornment Agreement in the form attached hereto. e. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 245 August 2017 Page 10 of 13 Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 f. Interpretation. Section headings are not a part hereof and shall not be used to interpret the meaning of this Lease. This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. g. Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the parties as of the date hereof with respect to any matter mentioned herein. No prior agreement, correspondence or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Landlord specifically acknowledges that the Postal Service's employees at the Premises do not have authority to modify the Lease or to waive the Postal Service's rights hereunder. h. Waivers. No waiver by the Postal Service or Landlord of any provision hereof shall be deemed a waiver of any other provision hereof and no waiver of any breach hereunder by Postal Service or Landlord shall be deemed a waiver of any subsequent breach by the Postal Service or Landlord of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or the Postal Service by the person to whom notices are to be addressed. i. Holding Over. If the Postal Service remains in possession of the Premises or any part thereof after the expiration of the term, with or without the written consent of Landlord, such occupancy shall be on all the terms of this Lease with the exception that the Postal Service will continue to pay either the last rental rate in effect prior to the expiration or termination of the Lease or the fair market value (as determined by the Postal Service in its sole, but reasonable, discretion) of the leasehold, whichever is higher. If the parties agree to and execute a new lease or a lease extension, the rent paid during the holdover period will be adjusted to reflect the rate negotiated by the parties for the new lease or lease extension, and the difference, if any, will be paid to Landlord along with the new rent for the new lease or lease extension, or credited to the Postal Service, if applicable. The Postal Service may terminate the Lease during the holdover period upon 60 days' prior written notice to Landlord without any liability hereunder to Landlord. Failure by the Postal Service to deliver keys to the Premises to Landlord or to remove its personal property therefrom at the end of the Lease term shall not be construed as an act of holdover by the Postal Service. j. Successors and Assigns. Subject to the provisions of this Lease, this Lease shall be binding upon and benefit the parties, their personal representatives, successors and assigns. k. Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonable prior written notice for the purpose of performing maintenance or repairs that are the responsibility of Landlord under this Lease. The Landlord's right of entry hereunder shall be exercisable only during normal business hours and only on the terms set forth below. All other access to the Premises, including but not limited to showing the property to potential buyers, and within 30 days of the end of the Lease term, showing the property to potential tenants, shall be at the sole discretion of the Postal Service. In the event of emergency requiring access after-hours, Landlord must call the Postal Inspection Service at 1-877-876-2455 Option 2 "Emergency" prior to entry. When entering or performing any repair or other work in the Premises, Landlord, its agents, employees and/or contractors (i) shall identify themselves to the Postal Service's personnel immediately upon entering the Premises, and must be accompanied by a Postal Service employee when not in public areas; and (ii) shall use commercially reasonable, good faith efforts not to materially or unreasonably affect, interrupt or interfere with the Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises. In the event of substantial, material or unreasonable interference, the Rent and other payments and �zl August 2017 Page 11 of 13 Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 reimbursements due or to become due under this Lease all shall be equitably abated if the interference continues for more than 24 hours. In the event such interference shall continue for longer than 6 months, the Postal Service shall have the option to terminate this Lease or continue to operate with rent abatement until the interruption ceases. Notwithstanding the foregoing, in the event that, as a result of any substantial, material or unreasonable interference, the Postal Service is legally required to move any of its business operations, then Landlord shall reimburse the Postal Service for the actual reasonable costs incurred in connection with such move. I. Calendar Days. All references herein to "days" shall mean calendar days unless specified to the contrary. m. Counterparts. This Lease may be executed in counterparts, which together shall constitute a single instrument. The parties agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments, addendums, assignments, or other records associated with this Lease is not an original but is a digitally encrypted signature, then such digitally encrypted signature shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic original wet signature penned manually by its signatory. n. Notices. Whenever a provision is made under this Lease for any demand, notice or declaration of any kind, or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall be in writing and sent by (i) United States mail, certified, postage prepaid or (iii) by Priority Mail Express (overnight), in each instance to the addresses set forth below or at such address as either party may advise the other from time to time. Notices to the Postal Service shall also include the identification of the facility name and location in such notices. Notices given hereunder shall be deemed to have been given three (3) days after the date of certified mailing or the next business day after being sent by Priority Mail Express (regardless whether the addressee rejects, refuses to sign, or fails to pick up such delivery). To Landlord at: With a copy to: To the Postal Service at: Contracting Officer 475 LEnfant Plaza SW Rm 6670, WASHINGTON, DC 20260-1862 With a copy to: Postmaster/Installation Head Anything in the foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising Landlord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to Landlord o. Prompt Payment Act. The provisions of the Prompt Payment Act, 31 U.S.C. § 3901 shall apply to all Postal Service payment obligations under this Lease, including any interest or penalties for late payments. 247 August 2017 Page 12 of 13 Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 p. Payment Offsets. As required by 31 U.S.C. 3716, the Postal Service participates in the Treasury Offset Program of the Department of Treasury's Financial Management Service. Payments owed to Landlord from the Postal Service under this Lease are subject to offset in whole or in part to for the Landlord's delinquent tax and non -tax debts owed to the United States and the states and for delinquent child support payments. q. Real Estate Conflict of Interest Certification. As condition to the effectiveness of this Lease, Landlord shall complete and return the "Real Estate Conflict of Interest" form attached to this Lease at the time of Landlord's execution and delivery of this Lease. If Landlord's certification in such form is false, or Landlord breaches the certification and fails to notify the Postal Service Contracting Officer as provided therein, then the Postal Service may (i) withhold rent and all other payments and reimbursements until Landlord remedies the misrepresentation or the Postal Service waives such conflict of interest, (ii) terminate the Lease on a date set forth in the notice to Landlord without penalty, or (iii) exercise any other remedy it may have for damages or injunctive relief. The Postal Service may exercise any or all of the foregoing remedies. 11. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 12. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible at http://about.usps.com/manuals/spp/html/spp10.htm or by searching www.usps.com. Clause 1-5, Gratuities or Gifts (March 2006) Clause 1-6, Contingent Fees (March 2006) Clause 9-3, Davis -Bacon Act (March 2006) Clause 9-7, Equal Opportunity (March 2006)2 Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9-14, Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (February 2010)4 Clause B-25, Advertising of Contract Awards (February 2013) Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." 1 For premises with net interior space in excess of 6,500 SF. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. 248 August 2017 Page 13 of 13 ` ° STATES . SERVICE. Facility Name/Location Maintenance Rider Landlord Responsibility County: Lease: Q90000674655 R Landlord shall, except as otherwise specified herein and except for damage resulting from, and to the extent of, the negligence of the Postal Service agents or employees (which portion of the damage arising directly from Postal Service agent or employee negligence shall be the responsibility of the Postal Service), maintain the Premises, including the building and any and all equipment, fixtures, systems, common facilities and appurtenances (including but not limited to parking lots, driveways, sidewalks and fencing), whether severable or non -severable, furnished by Landlord under this Lease, in good repair and tenantable condition consistent with standards of comparable buildings and/or projects located in the vicinity of the Property. Landlord's duties under this Rider shall include repair and replacement, as necessary, and includes without limitation: a. Landlord is responsible for inspection, prevention and eradication of vermin, birds, insects, including, without limitation, termites and any other wood -eating insects and for repairs of any damage resulting therefrom. b. Landlord is responsible to repair damages resulting from Acts of God; acts of public enemy, riot or insurrection; and vandalism and damages resulting from fire or other casualty (except to the extent such damages were caused due to the negligence of the Postal Service agents or employees in which case the Postal Service shall be responsible for the portion of repairs caused directly by its negligence). c. Any heating system and air conditioning equipment furnished by Landlord must be properly sized for the facility, must be in good working order at the commencement of the term, and must be maintained and, if necessary, replaced by Landlord to ensure that it remains in good working order and in proper operation; such system and equipment must be capable of cooling the Premises to 68 degrees Fahrenheit (68°F) and heating the Premises to 78 degrees Fahrenheit (78°F) in all enclosed portions of the Premises (excluding any rear vestibule) at all times. In addition, such system and equipment must provide heat to a minimum of 68 degrees Fahrenheit (68°F) and cooling to a maximum of 78 degrees Fahrenheit (78°F) in all enclosed portions of the Premises (excluding any rear vestibule) at all times during the appropriate seasons. Landlord shall be responsible for maintaining and servicing of the heating system and air-conditioning equipment, including, refrigerant and filters per manufacturer's recommendation as required for proper operation of the equipment and for replacing the same at the end of its useful life or earlier. Regardless of whether Landlord is required by the Lease to provide fuel for a heating system as set forth in the USE Rider, any investigative and remediation cost associated with a release of fuel from the heating system, including any fuel tank, shall be the responsibility of the Landlord, unless, and to the extent that, the release is caused due to the negligence of the Postal Service agents or employees, in which event the Postal Service shall be responsible for a portion of the investigative and remediation costs associated with the release to the extent such release was due directly to the Postal Service's agents' or employees' negligence. d. Boilers (heating and hot water supply) and unfired pressure vessels provided by Landlord as part of the Premises shall be maintained and, if necessary, replaced by the Landlord in accordance with ASME Boiler and Pressure Vessel Code, Sections IV, VI, and VIII; National Fire Prevention Association (NFPA)-70, National Electric Code; and/or ASME Safety Code No. CSD -1, Controls and Safety Devises for Automatically Fired Boilers; ASME A18.1, Safety Standard for Platform Lifts and Chairlifts; NFPA-54, National Fuel Gas Code; and NFPA-31, Oil Burning Equipment Code, as applicable, or as required by local ordinances. Current safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority which has adopted the American National Standard Institute/American Society of Mechanical Engineers (ASME) Boiler and Vessel Code, must be provided by 249 August 2017 Page 1 of 4 ` ° STATES . SERVICE. Facility Name/Location Maintenance Rider Landlord Responsibility County: Lease: Q90000674655 R Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. e. Any electrical/power system furnished by Landlord must be properly sized for the facility, must be in good working order at the commencement of the term, and must be maintained and, if necessary, replaced by Landlord to ensure that it remains in good working order and in proper operation. f. Whether public or private water or sewer systems are provided, said systems (including potable water) must be properly sized for the facility and be maintained in good working order at all times during the term and replaced by Landlord as necessary to ensure that the same remain in good working order as aforesaid, including any inspections that may be required. g. Landlord shall paint all interior and exterior previously painted surfaces as follows: no later than six (6) months following the start of the Lease term, unless painted within 60 months prior to the Commencement Date, and at least once every five (5) years during the continuance of the Lease term unless required more often because of damage from fire or other casualty. Landlord is required to apply only one coat of paint. If additional coats are required by the Postal Service, the Postal Service will be responsible for cost of additional coats of paint, including application costs. Landlord shall coordinate the painting schedule in advance with the Postal Service's on-site facility manager. The Postal Service will be responsible for moving furniture and equipment away from walls as required, provided that Landlord gives the Postal Service at least 60 days prior notice of the need to do so, and provided that Landlord shall not conduct any type of painting (interior or exterior) during the period beginning October 1 and ending January 30 during the Lease term. Any elevators, escalators and/or dumbwaiters provided by the Landlord as part of the Premises shall be maintained in good working order throughout the term, and, if necessary to ensure that the same remain in good working order and in proper operation, replaced by the Landlord in accordance with ASME A17.1, Safety Code for Elevators, Escalators, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator Inspectors Manual; ASME A17.3 Safety Code for Existing Elevators and Escalators; ASME A17.4, Emergency Evacuation Procedures for Elevators; and ASME A17.5, Elevator and Escalator Electrical Equipment. Landlord must ensure that current safety certificates for elevators, dumbwaiters and escalators are issued by an organization authorized to inspect in accordance with the ANSI/ASME Code for Elevators, Dumbwaiters and Escalators or appropriate federal, state or municipal authority. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes. Any wiring, including, but not limited to, wiring for the Electronic Security and Surveillance Equipment (ESS), Closed Circuit Television (CCTV), Very Small Aperture Terminal (VSAT), Criminal Investigation System (CIS), Intrusion Detection System (IDS), etc., installed by Landlord shall be maintained, and if necessary, replaced by Landlord. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere with, the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors, satellite dishes, telephone handsets, and Point -of -Service (POS) equipment. j. Landlord is responsible for all utilities including all systems and structures and the components thereof which deliver such utility services to the Premises, including but not limited to base building plumbing, pipes, conduit, wiring, and related components located within the facility including, without limitation, behind walls, 250 August 2017 Page 2 of 4 ` ° STATES . SERVICE. Facility Name/Location Maintenance Rider Landlord Responsibility County: Lease: Q90000674655 R under floors and inside ceilings. This excludes additional systems and/or structures that were specifically installed by the Postal Service or its contractors for the Postal Service's particular furniture, fixtures, and equipment (FF&E) needs. 2. Notwithstanding anything herein to the contrary, the Postal Service shall, except for damage resulting from, and to the extent of, the negligence of Landlord, maintain the following items at the Premises if originally installed by the Postal Service: flag poles, dock lifts, roll -up customer service windows, roll -up doors, scissor lifts, electronic security systems, and lobby and back -door locks. The Postal Service's duties include repair and replacement, as necessary, and shall be fulfilled at such time and in such manner as the Postal Service reasonably considers necessary to keep such items in proper condition during the Lease term. The Landlord shall be responsible for the portion of maintenance, repair and replacement costs for damage to such items resulting directly from its negligence. 3. Whenever the Landlord's obligation for maintenance, repair, or replacement arises under this Lease, Landlord shall make all repairs promptly but in any event within the time period provided in the Postal Service's notice to Landlord and submit photographs of the completed repair to the Postal Service at the address designated in such notice provided by the Postal Service. If Landlord fails to make such repairs within the time period set forth in the Postal Service's notice to Landlord (except when the repairs require more time than as provided in the Postal Service's notice to Landlord and Landlord proposes another time period for completion acceptable to the Postal Service), the Postal Service may (i) perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and other payments and reimbursements due or to become due to Landlord, or (ii) terminate the Lease on a date specified by the Postal Service in the notice to Landlord. Notwithstanding the foregoing, in the event of an emergency (as reasonably determined by the Postal Service), the Postal Service may give Landlord such shorter notice as is practicable under the circumstances, including by telephone, and if Landlord fails to make such repairs immediately, the Postal Service may immediately perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from Landlord and from Rent and other payments and reimbursements due or to become due to Landlord. The Postal Service may abate Rent and all other payments due or to become due under this Lease for any period the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas are untenantable or unfit for the Postal Service's use. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law. 4. In performing the maintenance, repair and/or replacement obligations under this Lease, Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with section (a) above; and 251 August 2017 Page 3 of 4 UNITED STATES . SERVICE. Facility Name/Location Maintenance Rider Landlord Responsibility County: Lease: Q90000674655 c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this Lease; (2) Postal Service employees; and (3) the public. R Landlord must include this clause in all contracts hereunder and require its inclusion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any contract must be deemed to refer to the contractor. 252 August 2017 Page 4 of 4 Facility Name/Location Assessor's Parcel Number: a. Definitions Tax Rider Percentage Reimbursement of Paid Taxes Ad Valorem means according to the value of the property. County: Lease: Q90000674655 R Property Tax Rate is an amount expressed as dollars and cents per $100.00 or per $1,000.00 of assessed value or as mills per $1.00 of assessed value as set by authorities for tax jurisdictions, which is applied to the value of the land, improvements on the land, or both, to determine some kinds of Real Property Taxes. Real Property Taxes, as used in this clause, shall mean those taxes, including Ad Valorem taxes, special assessments, fees and charges, that are assessed against any or all taxable real property appearing on the assessment roll or list in a taxing authority's jurisdiction and that are identified by a taxing authority for the support of government activities within its jurisdiction, whether such activities are general or specifically identified. Real Property Taxes also include administrative charges or fees imposed by a taxing authority, including those for the support of its assessment and collection activities and any future taxes or charges imposed upon Landlord or assessed against the Property which are in the nature of or in substitution for real estate taxes, including any tax levied on or measured by rents payable. b. Landlord agrees to pay all taxes of any kind, including Real Property Taxes, and fees of every kind and nature levied on the Premises. c. The Postal Service will reimburse Landlord 0% ("Tenant's Share") of the total paid Real Property Taxes in accordance with this Tax Rider. Tenant's Share shall be determined by a fraction, the numerator of which is the square feet of floor area in the premises and the denominator of which is the square feet of floor area of all building or buildings in the Property, as may be changed from time to time. Tenant's Share was computed as follows: ENTER CALCULATION 1. Landlord may submit not more than one request for reimbursement in any calendar year, irrespective of the number of taxing authorities included; and reimbursement will be made not more than one time annually by the Postal Service. 2. No reimbursement will be made for fines, penalties, interest or costs imposed for late payment. 3. Reimbursement will be made only for net paid taxes, less Tenant's Share of the maximum discount allowed by the taxing authority for prompt or early payment, regardless of whether Landlord actually received any such discount. 4. Reimbursement will be made only for taxes levied for periods of time within the term of this Lease in accordance with the provisions of this Lease. 5. In order to qualify for reimbursement, the tax bill as issued by the taxing authority must include the Premises. 6. Landlord must provide copies of the front and back of the complete tax bill issued by the taxing authority, along with satisfactory proof of payment. Satisfactory proof of payment shall be (i) a receipt for payment shown on the face of the tax bill, (ii) a copy of the front and back of the canceled payment check, (iii) a statement from a lender verifying payment of the tax, or (iv) other documentation reasonably satisfactory to the Postal Service. 7. Incomplete or improper requests for reimbursement will be returned to Landlord without payment. 8. Landlord must include the city, state, and the Postal Service facility ID # as set forth in the header on this Lease on the request for reimbursement. 253 August 2017 Page 1 of 3 Facility Name/Location Tax Rider Percentage Reimbursement of Paid Taxes County: Lease: Q90000674655 R 9. Landlord agrees to submit a request for reimbursement of taxes within 18 months after the date of payment by Landlord. In the event Landlord fails to submit its request for reimbursement within that time period, the Postal Service is not required to reimburse paid taxes. d. The Landlord must promptly furnish to the Postal Service copies of all notices that may affect the valuation of the Premises for Real Property Tax purposes or that may affect the levy or assessment of Real Property Taxes thereon. If Landlord does not timely furnish such notices relating to valuation changes or the levy or assessment of taxes or fails after being requested in writing by the Postal Service to meet any legal prerequisite for appeal, and as a result the Postal Service loses the ability to exercise its right, as stated in e. below, to contest the validity or the amount of the taxes, then the Postal Service shall be responsible to reimburse Landlord for only 75% of Tenant's Share of the reimbursable taxes due for the year involved. All notices required under this paragraph must be delivered within 10 days from the receipt thereof by Landlord in accordance with the delivery methods of Section 10(n) of the General Conditions to USPS Lease but to the following address: Contracting Officer 475 LEnfant Plaza SW Rm 6670 WASHINGTON, DC 20260-1862 e. The Postal Service may contest the validity of any valuation for Real Property Tax purposes or of any levy or assessment of any Real Property Taxes by appropriate proceedings either in the name of the Postal Service or of the Landlord or in the names of both. Notwithstanding any contest of valuation, Property Tax Rate, levy or assessment, Landlord must pay under protest the Real Property Taxes involved when requested to do so by the Postal Service. The Landlord, upon reasonable notice and request by the Postal Service, must join in any proceedings, must cooperate with the Postal Service, and must execute and file any documents or pleadings as the Postal Service may require for such proceeding, provided the Landlord is reasonably satisfied that the facts and data contained therein are accurate. Landlord will not be responsible for the payment of expenses, penalties, costs, and legal expenses in connection with any protest or appeal proceedings brought by the Postal Service, and the Postal Service will reimburse the Landlord for any such expenses, penalties, costs, and legal expenses actually and reasonably paid by Landlord. Landlord hereby authorizes the Postal Service as its agent to represent its interest in any appeal or protest proceeding authorized under this paragraph. f. Landlord shall promptly notify the Postal Service of any appeal or other action it takes or initiates to adjust any valuation of the property, Property Tax Rate, or levy or assessment of Real Property Taxes. The Postal Service will not be responsible for the payment of expenses, penalties, costs, and legal expenses in connection with any protest or appeal proceedings brought by Landlord, but shall be entitled to Tenant's Share of any and all monies obtained through such actions or any other refunds or remissions of Real Property Taxes paid in any year subsequent to the commencement of the Lease. If any such refunded or remitted monies are paid or delivered to Landlord, Landlord must immediately forward Tenant's Share to the Postal Service. If Landlord is informed that he is entitled to a refund or remission of monies paid as Real Property Taxes upon the submission of an application, Landlord will promptly make and file such application, and upon receipt of such refund or remission, immediately forward it to the Postal Service. The Postal Service reserves the right to offset Tenant's Share of refund and remission payments not so obtained or forwarded, against Rent or other payments due the Landlord. g. The Postal Service is entitled to the benefits of all tax exemptions or abatements authorized by law or regulation that may be available with respect to the Premises. Landlord shall take all necessary steps to obtain such exemptions or abatements. The Postal Service reserves the right to offset against Rent or other payments due the Landlord the amount or value of any abatement or exemption that would have been available if Landlord had properly applied for it, and any amount for which the Postal Service is not to be responsible under paragraph (d), above. 254 August 2017 Page 2 of 3 Facility Name/Location Tax Rider Percentage Reimbursement of Paid Taxes County: Lease: Q90000674655 h. Nothing herein contained shall operate to waive or deprive the Postal Service of any rights, privileges or immunities it enjoys under law. R i. In the event that the site is enlarged or decreased, or the Building is altered in any way that may affect the assessment value of the total Property, the percentage shown in paragraph c. above, shall be recomputed to reflect the correct proportion of the value of the Premises to the relative value of the total Property. 255 August 2017 Page 3 of 3 UNITED STATES . SERVICE. Facility Name/Location 1. HEAT Utilities, Service, & Equipment Rider County: Lease: Q90000674655 Landlord must furnish a heating system in good working order at the commencement of the Lease term. The Postal Service pays all recurring fuel charges, provided such charges are separately metered, at Landlord's expense, for the Postal Service's consumption. 2. AIR CONDITIONING Landlord must furnish air conditioning equipment in good working order at the commencement of the Lease term. The Postal Service pays all recurring power charges for the air conditioning equipment, provided such charges are separately metered, at Landlord's expense, for the Postal Service's consumption. 3. ELECTRICITY Landlord must furnish and maintain an electrical system in accordance with the Maintenance Rider. The Postal Service will pay all recurring electric bills, provided such charges are separately metered, at Landlord's expense, for the Postal Service's consumption. 4. LIGHT Landlord must provide light fixtures in good working order and maintain, repair and replace the same to ensure that the light fixtures remain in good working order throughout the Lease term. Landlord is not responsible for replacement of light bulbs. 5. WATER Landlord must furnish and maintain at all times throughout the Lease term a potable water system in good working order, in accordance with the Maintenance Rider. The Postal Service pays for all recurring water charges, provided such charges are separately metered, at Landlord's expense, for the Postal Service's consumption. 6. SEWER Landlord must furnish and maintain at all times throughout the Lease term a sewer system in good working order, in accordance with the Maintenance Rider. The Postal Service pays for all recurring sewer charges, provided such charges are separately metered, at Landlord's expense, for the Postal Service's use. 7. TRASH Landlord agrees to furnish and pay for all trash removal for the Premises. Landlord may, however, include charges and fees associated with trash removal in the CAM Costs, and the Postal Service will reimburse the same in accordance with the CAM Rider attached to this Lease. %111 ki 161TA Landlord agrees to furnish and pay for the timely (but in no event later than as required by local law) removal of snow and ice from the roof and the sidewalks, driveway, parking and maneuvering areas, and any other areas providing access to the Premises for use by the Postal Service's employees, contractors, or the public (including, but not limited to, stairs, handicap access ramps, carrier ramps, etc.). �W August 2017 Page 1 of 2 UNITED STATES . SERVICE. Facility Name/Location 9. CUSTODIAL SERVICES Utilities, Service, & Equipment Rider County: Lease: Q90000674655 The Postal Service agrees to furnish and pay for all custodial services for the Premises. 257 August 2017 Page 2 of 2 Facility Name/Location Subordination, Non -Disturbance and Attornment Agreement County: Lease: Q90000674655 THIS SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT (this "Agreement"), dated this day of , 20 between the UNITED STATES POSTAL SERVICE, an independent establishment of the Executive Branch of the government of the United States ("the Postal Service") and business at RECITALS: ("Mortgagee"), having its principal place of A. The Postal Service is the tenant under that certain lease executed between the Postal Service and ("Landlord") dated [as amended by dated as of 1 ([the lease and all amendments thereto are] hereinafter referred to as the "Lease"), covering all or a portion of property legally described in Schedule A attached hereto and made a part hereof (the "Property"). B. Mortgagee has made a loan (the "Loan") to Landlord which is secured, in part, by the lien of a mortgage and an assignment of leases and rents, each executed and delivered by Landlord to Mortgagee encumbering the Property (collectively, the "Mortgage"). NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Subordination. The Lease and all terms thereof, including, without limitation, any options to purchase, rights of first refusal, and any similar rights, are and shall be subject and subordinate to the lien of the Mortgage, and to all amendments, modification, replacements and extensions thereof, to the full extent of the principal, interest, fees, expenses and all other amounts secured thereby. 2. Non -Disturbance. In the event of a foreclosure of the Mortgage, provided that at the time of the commencement of any such action or proceeding the Postal Service shall not be in default under any of the terms of the Lease beyond the expiration of any applicable notice or grace periods, Mortgagee agrees for itself and its successor and assigns that it will not join the Postal Service in summary or foreclosure proceedings unless applicable law requires Mortgagee to join all commercial occupants of the Property in such proceedings and then such joinder shall be for notice purposes only and that the leasehold interest of the Postal Service under the Lease shall not be extinguished or terminated by reason of such foreclosure, but rather the Lease shall continue in full force and effect and Mortgagee shall recognize and accept the Postal Service as tenant under the Lease subject to the terms and provision of the Lease. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity or as a consent or agreement by the Postal Service to subject itself to the jurisdiction of any state or local governmental entity or court of law. 3. Attornment. Upon the conveyance of the Property by reason of the foreclosure of the Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise, the Lease shall not be terminated or affected thereby as provided in this Agreement, and the Postal Service agrees to attorn to the transferee of the 258 August 2017 Page 1 of 5 Facility Name/Location Subordination, Non -Disturbance and Attornment Agreement County: Lease: Q90000674655 Property (the "Transferee") as the landlord under the Lease and the Transferee shall accept such attornment; provided, however, if requested by Transferee, the Postal Service shall execute a new lease with the Transferee, for a term equal to the remaining term of the Lease and otherwise containing the same provisions and covenants and in form acceptable to the Postal Service. 4. Notice to Mortgagee. Prior to terminating the Lease due to a default by Landlord thereunder, the Postal Service agrees to notify Mortgagee of such default in writing and give Mortgagee the opportunity to cure such default within thirty (30) days of Mortgagee's receipt of such notice, or if such default cannot reasonably be cured within such thirty (30) day period, Mortgagee shall have such longer time as may be necessary to cure the default provided that Mortgagee commences the cure within such period and diligently pursues the cure thereafter, but not to exceed sixty (60) days after Mortgagee's receipt of the notice. 5. Notices. All notices or other written communications hereunder shall be deemed to have been properly given if delivered in accordance with the delivery methods under the Lease, addressed to the Postal Service at the addressed identified in the Lease and addressed to Mortgagee at the address identified above. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. 7. No Oral Modifications. This Agreement can be modified only in writing duly executed by both parties. 8. Choice of Law. This Agreement shall be governed and interpreted in accordance with Federal Law, however if there is no applicable Federal law then the law of the state where the Premises are located shall be applied. Venue shall lie only in the Federal courts. 9. Duplicated Originals; Counterparts. This Agreement may be executed in any number of duplicate originals and each duplicate original shall be deemed to be an original. This Agreement may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single Agreement. The failure of any party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other signatories from their obligations hereunder. [Signature Page Follows] 259 August 2017 Page 2 of 5 Facility Name/Location Subordination, Non -Disturbance and Attornment Agreement County: Lease: Q90000674655 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first above written. MORTGAGEE: BY: NAME: TITLE: Subscribed and Sworn to before me, a notary public, in and for_ of this day of Notary Public My commission expires POSTAL SERVICE: UNITED STATES POSTAL SERVICE NAME TITLE August 2017 Page 3 of 5 County, State �*Tf Facility Name/Location Subordination, Non -Disturbance and Attornment Agreement Subscribed and Sworn to before me, a notary public, in and for of Notary Public My commission expires this County: Lease: Q90000674655 day of August 2017 Page 4 of 5 County, State �Td Subordination, Non -Disturbance and Attornment Agreement Facility Name/Location County: Lease: Q90000674655 Provide Floorplan August 2017 SCHEDULE A (to SNDA) LEGAL DESCRIPTION Page 5 of 5 �*V' UNITED STATES . SERVICE. Renewal Option Rider (Market Value) Facility Name/Location County: Lease: Q90000674655 The Postal Service may exercise an option to renew this Lease pursuant to Paragraph 4, and given that the Lease does not designate a specific rental rate; the parties shall determine the appropriate, market value rent for that renewal term as follows: 1. Not less than 12 months prior to the expiration of the then current lease term, the Postal Service shall give written notice to Landlord advising Landlord of the Postal Service's opinion of the appropriate market value rent of the Premises, which shall be stated as a flat annual rate for the duration of the renewal option period. This opinion shall be based on an appraisal procured by the Postal Service at its sole cost and performed by a "Qualified Appraiser (as defined herein) prepared in accordance with the professional appraisal standards and practices as outlined in the Uniform Appraisal Standards for Federal Land Acquisitions, Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) of 1989 and current version of the Uniform Standards of Professional Appraisal Practice (USPAP), as applicable (as applicable, each an "Appraisal Standard"). If certain approaches or requirements outlined in the applicable Appraisal Standard are not applicable to the subject assignment, such appraisal report must identify that approach or requirement, together with a brief explanation for its omission. Upon request, a copy of the appraisal's summary page/transmittal letter shall be provided to Landlord. A'Qualified Appraiser' is an individual who holds a Certified General Appraiser license in the state or territory where the subject property is located and currently holds an MAI designation from the Appraisal Institute. 2. If Landlord disagrees with the written notice from the Postal Service advising Landlord of the Postal Service's opinion of the appropriate market value rent for the Premises, then Landlord shall at its sole cost within 30 days following receipt of such written notice from the Postal Service, procure an appraisal by a Qualified Appraiser prepared in accordance with the applicable Appraisal Standard. A copy of the appraisal's summary shall be provided to the Postal Service. If Landlord fails to provide an appraisal summary as specified herein, then the renewal term rent shall be the market value rent established by the Postal Service's appraisal in which event, the Postal Service shall then timely exercise the renewal option at such rent. 3. If Landlord's appraisal summary amount is within 10% of the Postal Service's appraisal summary amount, then the renewal term rent shall be the arithmetic average of the two appraisal summaries. The Postal Service shall then timely exercise the renewal option. If the difference between the two appraisal summaries is greater than 10%, Landlord and Postal Service shall attempt to agree in writing on the market value rent during the 30 day period following delivery of the Landlord's appraisal summary to the Postal Service (the "final negotiation period"). If the parties reach agreement on the market value rent, the Postal Service shall timely exercise the renewal option. If the parties are unable to reach agreement during the final negotiation period, then Landlord shall provide the Postal Service with a list of three Qualified Appraisers within 10 days after request from the Postal Service. The Postal Service shall select one appraiser from this list to perform an appraisal review (or, if Landlord fails to provide a list, the Postal Service shall select an appraiser) (the "Third Appraiser"). Within 30 days, the Third Appraiser shall review both full narrative appraisal reports, establish an appropriate annual market value rent for the renewal term and forward copies of the completed appraisal review to the Postal Service and Landlord. The Postal Service then may, but shall not be obligated to, timely exercise the renewal option. If the Postal Service elects to exercise the renewal option, the rent shall be established at 95% of the annual rental amount determined by the Third Appraiser for the renewal term of the Lease. 4. Landlord and Postal Service shall share equally the cost of the Third Appraiser, as follows. The Postal Service shall contract for the Third Appraiser using its standard Contract for Real Estate Services. Landlord shall reimburse the Postal Service 50% of the cost of the Third Appraiser within 60 days of presentation of the Third Appraiser's invoice(s). If Landlord fails to pay this 50% share within said time period, the Postal Service may deduct that amount from the following month's rent without further notice to Landlord. August 2017 Page 1 of 2 UNITED STATES . SERVICE. Facility Name/Location Renewal Option Rider (Market Value) County: Lease: Q90000674655 5. If the parties have not completed the appraisal/market value rent determination process and the date for the Postal Service to exercise the renewal option is approaching, the Postal Service shall timely exercise the renewal option at the Postal Service appraiser's market value rent figure (pursuant to paragraph 1 above) and shall not be considered a holdover tenant; provided that if the parties fail to complete the appraisal/market value rent determination process prior to the date for the Postal Service to exercise the renewal option due to the failure of the Postal Service to begin the rent determination process within the time frame set forth in paragraph 1 above, then if the Postal Service elects to exercise the renewal option, the rent for that renewal period shall be the Landlord's appraiser's market value rent figure (unless Landlord did not timely procure its appraiser's market value determination, in which event the Postal Service appraiser's market value rent figure shall apply). Once the renewal term's appropriate market value rent has been determined as noted above, the Postal Service will either pay to Landlord any incremental rental increase for this interim period or deduct any incremental rental decrease for this interim period from rent or other payments due to Landlord under the Lease. �T-tl I August 2017 Page 2 of 2 ■ W LTJ r � IFO-T.- hil MM U J J C N Q O N N D � � O U U N 7E F- 0 O O a O U J J C N E O_ O N N (6 � O N E O LL Q O U Q) O N' 00 O O N. N N N Q ^ O Q Q �� Q G O U X W c O U O_ O O N @ N N N O Q O. O Q Q w O d O O O_ p O O: Q Q O H Z) C4 Y C 0) C N: EE W U a 9; N o 4i E: a E E E c c a c -j z U H 0 0� Lu 0� O Q L2 LTJ r � 1--ilkil r m U co cu N CD x m 7 O (6 O LL Q U: � cn a, a _0 a -0 o CD C) aai n rn co a a ¢00 CNa U J J C m m L U (6 N � m O O O Q U) d m v C)O L6 N Q Q Q �� Q G O U N U W O U O_ O N O U Q O. O L Q Q w O d O O Y C C N: LU U ii o 4i -O E �. Q 1 O Tack, Timothy From: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov> Sent: Tuesday, April 11, 2023 10:15 AM To: Tack, Timothy Cc: Shutt, Thuy; Utterback, Theresa; Kutner, Sarah Subject: RE: [EXTERNAL] FW: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Attachments: FL, Boynton Beach - Bid Comparison - 03.30.2023.pdf Tim, Good morning, I hope you are doing well. Per our discussion the Postal Service is rejecting both proposals as non-viable. BTH Development did not follow Postal direction on the required site and building plan twice. They did not provide a transparent development cost estimate and their proposed rent is not fair and reasonable based on market comparables. SAW Development did not provide a transparent development cost estimate and did not propose a rental stream. The Postal Service is committed to this project and is willing to work with the requirements/process of the CRA to develop the property into the new Boynton Beach Downtown Post Office. We cannot work with the proposals as provided. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities O Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) richard.a.hancock2@usps.gov From: Tack, Timothy <TackT@bbfl.us> Sent: Wednesday, April 5, 2023 9:47 AM To: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov> Cc: Shutt, Thuy <ShuttT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: [EXTERNAL] FW: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals 267 CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or opening attachments. Rick, I am inquiring about the status of your review. I would like to get the presentations on the May Agenda. Would you anticipate having feedback ready next week? Thanks, iu°r°meth i r::i , PII A7 sistard1 Ciirech:7:: &:r''vntlm Beach Cori,iniurfty Ali�.„eb"11(ni/ 00 II:„ O i ain /),,Ie. I l3o'11p1/'rIIton Beach, II°gl';rrllrb 7 435 i..::c b q A�!i�"all�'bftii u'! �� , https://www.boyntonbeachcra.com ��+, .. � p p. :C/wwwoboyntonbeachcra.com 13 91 9`-`-` IN America's Gateway to the Gulfstream 111t^ )se be °i/n" e�:, 'that ' orkha�N'�:W pu "P 8c II 01',1IC:Nq dw �.7'w z711"Rd aU' i 8 '111hIT1111 besul,)j��,ct to dM 7" I';" .' d 7 r 8 7, a 7 II"'eV r N 7 V;:, "u7 V w,o r'll II a II a d tl,�; tl';: II c ° ° c S 311T A9 '.R 8 C II" ccords,.. I rt t rt I'tl..:.,G t I „ ''iWP d;;7 7 9 II I n4l 7„, o a""Iu"r b U 9 II"r 8 c iii? t 8 7„ 7 rr a r'll d:; VOU1' 1D umaoi addri;!us anal, be rtisbeet to II30Hl !! iIIli c[!iru..uro, From: bryan@bthdevelopment.com <bryan@bthdevelopment.com> Sent: Wednesday, April 5, 2023 8:58 AM To: Tack, Timothy <TackT@bbfl.us> Cc: Shutt, Thuy <ShuttT@bbfl.us> Subject: RE: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Hi Mr. Tack, What is the status of the Downtown Station? I would like to add that a forecasted rate reduction would correspondingly reduce the rental rate and increase the land value. The timing of this project will certainly have an impact on the final numbers in this dynamic rate environment. So, whenever a decision is meant to be made it will be crucial to update the numbers at that time. We would need about a week notice prior to the presentation to make those updates. Sincerely, Bryan 268 Bryan Hussey 331-1014 From: bryan@bthdevelopment.com <bryan@bthdevelopment.com> Sent: Monday, March 13, 2023 3:59 PM To: 'Tack, Timothy' <TackT(cDbbfl.us> Cc: 'Shutt, Thuy' <ShuttT(cDbbfl.us> Subject: RE: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Hello, Also, I wanted to add that the lease asked for the breakout in rent per the 3 periods below, however, the JLL form only had a single line so I blended it. We can improve the rates in line with the lease format for the USPS. Laardk)rd Such wrinen no,ice i,n, ray also Indude sel dates for Oie renewal) oplion tornis based on the acum ConmNnencd;irwronl Date- if f andlllomd f"aills 10 ob,p#Ct to lyra dalrrs in such notice avi'tl,mi nr 10 bfuninoss, stays, sr)O date shall be fiin4 and 6inding bindingon We parties.. TIIQ Lease Shalt expire On the last deny oaf Ole 1200'1 oY;rlendrar nlonlfr foflow'nq the Cormwrne mr:e mmont DaW. I,f llwrs Lease Ns e,rtr-ided pr�riodl stmak GaNso be rrrlrrrmod to herein 'as 11"Ie ler , ,, I — f�Cl T, The PQ,,gat ��mr�i�� r�mlt Pa,"� 1„armdlleard an anna��ml r�rmmt f $0.00 ("Rent tl") beqhNng MOTHt a0d ending MONI FHu 1.p0 I"Rent""i' b+a ininiing I ONT'HI T and OndIng I' ONITH 00 S1,00 C°'Rent "i beginning irAf' THI 61 aml er'Nudirig MONTH 1,20 payalble in oqualll inslaflimenis al the end of emarh t alen ar nronth dforing the t rm. Flew for a Part orf a rnflanih will b pfo alf d a(xordnq to tlNhie nrmirnbor rel d„airy, o1 [he month occurring duriin wrrrrm ryasa Hussey (954) 331-1014 RrymmrSC>E1 Hdevelorr7rerr l .c,c rr7 From: brvan@bthdevelopment.com <bryan@bthdevelopment.com> Sent: Friday, March 10, 2023 3:25 PM To: 'Tack, Timothy' <TackT@bbfl.us> Cc: 'Shutt, Thuy' <ShuttT@bbfl.us> Subject: RE: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals I apologize it took so long to get this back to you. Since the last submission we have received updated capital market information and construction cost info. I hope the attached is helpful and that we can go over our thoughts on this project in detail during our presentation. As this is an approximate design and an opportunity to enter into a negotiation, we understand that things will change, but we pride ourselves on catering to the needs of the end user as well as being transparent with our calculations and assumptions. Sincerely, Bryan Bryan Aussey (954) 331-1014 Bryan@BTHdeveIop )enl.ccl 269 From: Tack, Timothy <TackT@bbfl.us> Sent: Thursday, March 9, 2023 2:15 PM To: Bryan Hussey <brvan@bthdevelopment.com> Cc: Shutt, Thuy <ShuttT@bbfl.us> Subject: RE: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Bryan, Please provide a complete response as outlined in the attachment (even if redundant). I need this by the End of the week to make our timeframe. Respectfully, h i i i i o I hr a is P h M 0'.r ^ha r71 t m Beach d . o r"II"'lir"r"II N.,a na tv WO II: 0f ain Aiie. I I3�r„rrbb )n Bec:i� „ I::qw h:: ? h 3 !) 561 600 909�. .h.. k q i„li;,ob bfl i.is ' https://www.boyntonbeachcra.com America's Gateway to the Gulfstream 'hi�:)e be ::&,Js&:J I: at a Iiias a brio ad pii,A:�'Akc IIS” N"::Prd I::''.� �� iar: ��iu�u:ri 111111 r'�, � 18"ct �Y 8is� 811itl I�irlr�,„r YV�NaaB��if��Untl�i u;;tl'::.V Illfni � h�J � a8i' �wi@ �, Ilavr„ cr,iaH addi8..,.,cs aM IfRillfl( i 01)r.N: ..Nieief,;rie,'',ri°ri�ii n4il (ori'.ir::u.iifs: ation and 111(ou r e In4address Ilriar''�+' bc su PIcct to O.@1.h188',� ilI llSC[0a' Lff CP. From: Bryan Hussey <brvan@bthdevelopment.com> Sent: Thursday, March 9, 2023 1:28 PM To: Tack, Timothy <TackT@bbfl.us> Cc: Shutt, Thuy <ShuttT@bbfl.us> Subject: Re: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Working on this... there are several clarifications answered in the initial response, do you need me to restate? I know sooner is better but do we have a deadline date? On Mon, Mar 6, 2023 at 4:50 PM <bryan@bthdevelopment.com> wrote: 4 270 Hi Timothy, Sorry for the delayed response. I was out last week. We should be able to wrap this up shortly. Sincerely, Bryan M:- .c : jam. A Brvan@BTHdevelopment.com From: Tack, Timothy <TackT@bbfl.us> Sent: Tuesday, February 28, 2023 2:17 PM To:.bryan@bthdevelopment.com Cc: Shutt, Thuy <ShuttT@bbfl.us> Subject: FW: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Bryan, As a follow up, please let me know when you anticipate completing the additional information requested by USPS. If you have any questions or comments, please feel free to contact me at the office. Thanks, V s n i ugh iv q c tl LII...... Assistant Ciiirector .,ny'a"'pbn Beach h CorU".QrU.UI.,VV"pVt 271 11100 ooi'ain )81,iie. �3o��(nton Bead i, Icrkia 3!3 135 1c 563 600 9091 IackR@bbflms https:HwwaAl.boyntonlbeachcra.com U 0 U0 America's Gateway to the Gulfstream �)Iease be a&Jsed th at �"Iorkhi III Bs a broad�iu[!PHc reciiNrds I tl:I)A/ all kdJ a I �� oorresponder�:e io rii ie "V iii ernaHina,1111 be subject io f:Iorkia areicriiIs Ilaoi, erriaH addiresse�:!dire pUL)hcreo��)rds, ffileriefore, VOUre mzffl (::Orrirniunication and V()Ur e orrupolill address rnai/ be suL�Oct to ii�fiscNosure. From: Tack, Timothy Sent: Friday, February 10, 2023 8:39 AM To: bryan@bthdevelopment.com Subject: Re: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Bryan I do not have a deadline, but the sooner I can get these to USPS the better. Respectfully Tim Tack Get Outlook for iOS 6 272 From: brvan@bthdevelopment.com <bryan@bthdevelopment.com> Sent: Wednesday, February 8, 2023 4:20:10 PM To: Tack, Timothy <TackT@bbfl.us> Cc: 'Hancock, Richard A - Greensboro, NC' <Richard.A.Hancock2@usps.gov>; Shutt, Thuy <ShuttT@bbfl.us> Subject: RE: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Thanks, Timothy. How quickly do you need a response? Bryan@BTHdevelopment.com From: Tack, Timothy <TackT@bbfl.us> Sent: Wednesday, February 8, 2023 3:46 PM To: brvan@bthdevelopment.com Cc: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov>; Shutt, Thuy <ShuttT@bbfl.us> Subject: FW: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Good Afternoon, Please see the attached additional information that has been requested by USPS for all respondents. The additional information will allow the Postal Service to make an informed decision on which proposal meets their requirements and is in their best interest. USPS is requesting the both Developers follow the attached RFP format to allow them to compare both proposals equally. Thanks, V s n i ii;ut h,lyi, q aatl II...... ssr &tan9. i'"li�u"`r"4;`11 or' 30ynb m Beach Cornrnu..un'uty �gen(:�N 11100 II 11 u„ i.�311n /%� ,,d�c. I l3�r:r°�lr ton Bc::H�.M" , '33,11311) 273 563 600 9091 u ae. a q @wbbfgms, http://wW�Al.boyntonbeaclhcra.com America's Gateway to the Gulfstream be ad,i"*tlsed that [:]or&dl";i'tl has a br%.K))J pubkc recon" is kris and aH to U"ne,Ja ernV :::! Vr"Va''hod e n6" e1 t to []or&tlia �avt, ernaVH addresses are pnUU riE f"Prds, herilehl1 i;n ^/d„;B'Ur i,,.., r'nail tl:ornr::liur Ac,iIlIIt )n i'i@ d your ma be �.n�V':��p�e � td) PawObi��,. riu",�a��p� Ure,, r;�p tlt d &t..." V"�p�' From: Tack, Timothy Sent: Monday, February 6, 2023 8:30 AM To:.bryan@bthdevelopment.com Cc: Shutt, Thuy <ShuttT@bbfl.us> Subject: FW: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Good Morning, We received the email below from the USPS indicating that they will need additional time and information from the two RFP/RFQ respondents in order to review the proposals in a consistent manner to present their comments and recommendations to the CRA Board. I will forward the standard Postal RFP lease template to you as soon as we receive it. As a result, the developers' presentation will not be scheduled for the February 13, 2023 CRA Board meeting. If you have any questions or comments, please feel free to contact me at the office. Thanks, 274 From: Hancock, Richard A - Greensboro, NC <Richard.A.Hancock2@usps.gov> Sent: Monday, January 30, 2023 2:53 PM To: Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Cc: Weiss, Brian <Brian.Weiss@Ill.com> Subject: Re: Boynton Beach, FL Downtown Station - USPS Retail 401-411 Boynton Beach Blvd Proposals Hi Thuy, Good afternoon, thank you for taking the time to speak with me regarding the proposals for the new retail Postal facility at 401-411 Boynton Beach Boulevard. Per our discussion the Postal service requests additional time to review the proposals once they are revised to answer some additional questions. We will be presenting a standard Postal RFP lease template for both Developers to format their offers. Our Design and Construction team will be available to answer any questions the Developers may have and will be providing comments to both proposals. Once we have received the revised offers, we will present to the Board our comments and recommendations. Please contact me with any questions or if you need additional information. In addition, we will present a simple lease extension to remain in the current location once the CRA takes possession. Thank you, Rick Richard Hancock Real Estate Specialist USPS Facilities PO Box 27497 Greensboro, NC 27498-1103 336-665-2848 336-324-7891 (Cell) richard.a.hancock2@usps.gov 275 Bryan Hussey Brvan&BTHdeveloI)menl: cam 3730 Powerline Road Port Lauderdale, FL 33309 (934) 331-1014 10 276 Meeting Minutes CRA Board Meeting Boynton Beach, FL May 9, 2023 . . ....... .. B. Discussion and Consideration of the Responses to the RFP/RFQ for the CRA - owned Property located at 401-411 E. Boynton Beach Boulevard Mr. Timothy Tack, Assistant Director, explained the letter of intent that was received by the USPS. He stated that they have met the RFP/RFQ requirements and explained that they are rejecting both proposals as provided. He said that the Board will need to review all proposals and they can select a proposal today or at a subsequent date. Chair Penserga stated that there is insufficient information for the Board to move forward. He said that he is interested in hearing the presentations tonight, but that he is not prepared to move forward right now. Vice Chair Turkin asked why the bids are not viable. Mr. Tack explained that there was a concern with some items that was not provided. Vice Chair Turkin stated that he would like to wait on a decision as well. Board Member Hay agreed. Board Member Kelley asked if they are giving the two potential proposals a chance, and what new information are they expecting to receive. Mr. Tack said that what is presented right now is not acceptable. Board Member Kelley asked if we reject the proposals and we start over again, does that bar these applicants from reapplying. Ms. Rossmell stated that it would be cleaner to reject the proposals and start over. She added that there is nothing prohibiting them from applying again. Board Member Kelley asked about the timeline difference if we start over again vs. working with the current applicants. Ms. Shutt said that if there is new info proposed today, they would have to review it with the Post Office again. She explained the process if they started over, which would take 3 to 4 months. She said that they can be directed to look at different outlets. Chair Penserga asked if Board Member Kelley was suggesting that they start new and not listen to the proposals. Board Member Kelley responded yes. Vice Chair Turkin asked if it is within our scope to hire a general contractor and get the job done, 4 277 Meeting Minutes CRA Board Meeting Boynton Beach, FL May 9, 2023 Ms. Rossmell stated that there are many restrictions with the CRA, but they can look into the options. Chair Penserga stated that they can be a coordinator of sorts, and that he believes they could manage a job of this scale. Ms. Shutt explained the different options they have. Chair Penserga asked if they could get the information in by next meeting. Ms. Rossmell responded yes. Board Member Hay expressed concern about the commitment level, and he would like to look at the options discussed. Chair Penserga said that the current applications are insufficient, so at the next meeting they will assess all the options. Motion: Vice Chair Turkin moved to reject all bids. Board Member Kelley seconded the motion. The motion passed unanimously. Point of Order: Mr. Michael Weiner introduced himself, as a part of the team who made one of the bids. He asked if the cone of silence is over. Ms. Rossmell said that the cone of silence is over, after the motion is passed. She further explained the cone of silence. She apologized for not advising the Board to open public comment and recommended reopening to allow for it. Chair Penserga said the Board does not want to hear the presentations. Motion: Vice Chair Turkin moved to rescind the previous motion, to allow for public comment. Board Member Kelley seconded the motion. Public Comments: A discussion ensued about cone of silence and public comments. Chair Penserga opened public comments. 278 Meeting Minutes CRA Board Meeting Boynton Beach, FL May 9, 2023 Brian Hussey, BTH Development & Partners, introduced himself as one of the bidders. He said that they came out to offer further clarification and that the Post Office's interpretation was not fully understood. He explained the change to the site plan. He spoke about their proposed budget and changing market. Michael Weiner said that he only wanted to know whether they could speak to the Board Members individually following the meeting. He stated that both teams are facing the same set of problems. He commented that no one wants to see the Post Office go away but they need to deliver a message, and he believes they will continue to hit up against the Post Office barrier. Steven Grant joined virtually. He said that he uses the Post Office regularly as an attorney and the new site does not allow for distribution. He stated that a distribution site allows for better delivery. He recommended the CRA speak with the USPS again to see if they can afford another distribution site, to replace the site that they are trying to get rid of. Steve Miller joined virtually. He said that he works in the building north of the proposed location and it does not appear that the truck can back into the loading dock based on the design. He recommended a better location on 225 W. Boynton Beach Boulevard, which he believes is owned by the CRA. He also recommended a vacant lot across the street for a parking lot. He referenced drawings and photographs that he submitted. Chair Penserga closed public comments. Motion: Vice Chair Turkin moved to reject all bids. Board Member Hay seconded the motion. The motion passed unanimously. Vice Chair Turkin said since he was late, he wanted to disclose that he spoke to Mr. Anthony Barber regarding Item 13C. Additionally, he asked to add Homing Inn to Future Agenda, particularly how they can assist the project. Ms. Shutt explained the process for a request for assistance. She said that she can reach out to them to see what they need. Chair Penserga recommended to direct staff to reach out to Homing Inn for help. C. Project Update of the Purchase and Development Agreement with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue (TABLED 02/13/2023) Motion: Board Member Kelley moved to remove the item from the table. Board Member Hay 279 Meeting Minutes CRA Board Meeting Boynton Beach, FL June 13, 2023 Board Member Cruz said she is open to having a joint workshop. Consensus was reached to direct staff to identify a date for a joint workshop. Ms. Shutt anticipates the meeting would occur in September. D. Discussion and Consideration of the Options for the CRA -owned Property located at 401-411 E. Boynton Beach Boulevard Mr. Tim Tack, Assistant Director, introduced the item. He reviewed the options for site development including Invitation to Bid (ITB), Request for Proposals (RFP), Invitation to Negotiate (ITN), Letter of Interest (LOI), and Public -Private Partnerships (P3s). Board Member Kelley asked if the USPS has anyone interested in going the LOI route. Ms. Shutt said they do not have a development partner in this region. Ms. Shutt said they would like to cast a broader net if they go with an RFP, to include more entities outside of Florida. She said previous proposers could opt to submit another proposal. She stated they can entertain LOIs or try more public advertising. Chair Penserga said his preference is an RFP with a pre -submission meeting. He does not want to repeat the mistakes of the past. They need to be clear what the USPS requires and asked for it to incorporated in an RFP. Board Member Kelley agreed about the RFP. Chair Penserga asked when the cone of silence would take effect. Ms. Rossmell said from RFP issuance until a decision is made. Board Member agreed with Chair Penserga and supports an RFP with a pre -submission meeting. Vice Chair Turkin said he is ok with the consensus. Board Member Cruz supports an RFP. Public Comments: Chair Penserga opened public comments. No one came forth to speak. No virtual comments. Chair Penserga closed public comments. Motion: Board Member Cruz moved to approve Option 1 as recommended by CRA staff. Board Member Kelley seconded the motion. The motion passed unanimously. E. Project Update on the Bride of Christ Daycare Center at NE 10th Avenue (TABLED 05/09/2023) 280 JJ . . . . . . .. BOYNTO BEA0 IZA, MOM (",',,0MMUNW REDEVEL01-IMEN F'AGEINCY BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS FOR THE UNITED STATES POSTAL SERVICE BOYNTON BEACH D Location: 401, 407 & 411 E. Boynton Beach Boulevard Issue Date: July 28, 2023 Submittal Deadline: September 26, 2023, no later"' The Boynton Beach Community Reclevelgq;pent Agen Proposals and Developer Qualifications (R NM -Th p W project site located at 401, 407 & 411 E. Bd n referenced and identified on Attachment eri collectively referred as the "P 2: /W STATION PROJECT CRA) is issuing this Request for e ac emznh ion and redevelopment of the le'ard, Boynton Beach, Florida; as ap/Parcel Map, and hereinafter The BBCRA will accept sea'111 rop �, I f))& located in City Hall at 100 E. Ocean Avenue, 4 Ih "tely/m "0510P floor, Boynton Beach, FL lj�q�"O'ro'lrhl OR BEFORE September 26, 2023, no later than 2:00 p.m. Eastern Sta 1111 t tzo determined by the time stamp or clock at the BBCRA's reception are esponsc.10 P/Jh13 ("Proposals") received after the date and time set forth above OT BE ACC ED FOR CONSIDERATION. All Proposals will be date and time stamped by t CRA. Fa or emailed Proposals will not be accepted. The RFP/RFQ documents, includi I I /r d attachments, must be obtained from the BBCRA office or website at www.bu beachcra.corn (Select RFPs/RFQs/ITBs from the Business & Development top drop down menu). 1. Property Disposal and Progect Description This RFP/RFQ is being issued for a project known as the United States Postal Service Boynton Beach Downtown Station Prowect (the "Project"), and is seeking Proposals forthe acquisition and redevelopment of a BBCRA-owned property located as described in Attachment "A," Aerial Map/Parcel Map (the "Project Site"). Due to redevelopment of the existing Downtown Station post office, the United States Postal Service (USPS) is relocating its retail operations to 401, 407 & 411 E. Boynton Beach Boulevard, Boynton Beach, FL 33435, a property owned by the Boynton 1 OF 110 281 Beach Community Redevelopment Agency. USPS is unable to purchase the land directly and is looking for a developer to purchase the land and construct a new retail post office with a loading dock and parking lot. The Project Site is approximately .383 acres and it is currently zoned C-3 (Community Commercial) with a Local Retail Commercial (LRC) Future Land Use Classification. The property is located within the Boynton Beach Boulevard District, which is described in the 2016 BBCRA Community Redevelopment Plan (the "BBCRA Plan"). The BBCRA Plan may be accessed online at htlt s: www.bo ntonbeachcra.com home .show ubVusheddocument I.4 63729628993:x.970000 12........//........................................................................................................................................../............................./............................I................................................................................................/............/................................................................................................................... (see pages 55-70). It carries a recommended Future Land Use of Mfted-Use Medium with a corresponding Zoning designation of Mixed -Use Core. The re designations provide for a density of forty (40) units per acre w height of seventy-five feet (75'). Under defined circumst increased by twenty-five percent (25%) if a proposed d- p under the City of Boynton Beach's Workforce Housin j Bina proposer to review the City of Boynton Beach Land lopm plan and design guidelines and limitations. Additionally, the Project Site is located vy' (TOD) and Transportation Concurrency Exe is also located in the PBC Qualified Opp information may btain All Proposals and Projects' j beVdiN'", The BBCRA Plan may be acces/the BBC 2. Communi /Econorf% r�ettIII he des n online ded land use and zoning <imum allowable building Vices, imill ,"able density may be ment mertain requirements nce. It is the r�nsibility of each ��tegulations, and applicable site I Transit Oriented Development hap,the City of Boynton Beach and BC Qualified Opportunity Zone at hIlpl maRs.co. p aIrn with and in furtherance of the BBCRA Plan. website: www.bo�/ntonbeachcra.com. The City ofon Beach (fes- ,), with a population of eighty thousand (80,000), is the third largest city in Pa each Co Florida. It is located approximately forty-five (45) miles north of Miami and fiftee lon ) glit, south of West Palm Beach. This puts it in the heart of southeast /i Florida's rapidly growl ,�=county Miami-Dade/Broward/Palm Beach metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (1-95) and the Florida Turnpike. It also has a market of more than six (6) million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri -Rail regional commuter rail system. 3. Survey and Appraisal An aerial boundary and parcel map along with a copy of the property survey are included with this RFP-RFQ as Attachments "A," Aerial Map/Parcel Map and "B," Survey of BBCRA Owned Properties. All appraisals and surveys of the subject properties that make up the Project Site are 2 OF 110 282 available in electronic form on the BBCRA's website, .q Ips°// r r�nr..lt ayiri. �airilk l . it .:. coir /Ib,u, iii ss- , r llc l it . im. lr s-ir. s„-il.tbs. Proposers should not rely solely on the information in the appraisal when compiling the financial components of a Proposal. The appraised value of the BBCRA properties should be considered by proposer(s) in the offering price and request for BBCRA incentives. 4. Palm Beach County Impact Fees Development of the property will be subject to Palm Beach County Impact Fees. Please contact the Planning, Zoning and Building Administration Division of Palm Beach County for specific information regarding impact fees applicable to the roject, or go to I . cl iscpve rr information. org/pzb/administration/pages/impact-fe,Opx to download relevant S. Incentives for the Pro*ect A Under Chapter 163, Florida Statutes, the BBCRA is redevelopment within the BBCRA Redevelopmen a BBCRA is committed to meeting the goals and objecti9 Project with policies and may, at the s2/1 discretion Y Increment Revenue (TIR) funding subject ,�d to 6. Pre -Submission Meeting A voluntary in-person pre -sub p.m. (EST) in City Commu Roy meeting is an opportunity', J1 rop 7. Proposer to encour�' and incentivize co dent with the BBCRA Plan. The y e BBCRA Plan and will support the AA,e Board, consider providing Tax r conditions. 'ting°� been scheduled for August 17, 2023, at 4:00 5 at all, located at 100 E. Ocean Avenue. The and BBCRA staff questions about the Project. All entities int 66, fed in re`°/dinhis RFP/RFQ must register with the BBCRA via email by providing t �i � me, addre's elephone number, and an email address to Mr. Timothy Tack, BBCRA Assistan�� ctor, at ckT @bbfLus. Any information concerning addenda, changes, additions, clarificai n s, and other topics related to this RFP/RFQ will be sent to registered proposers u� r ` e registration information provided. 8. Additional Information After the Proposals are received by the BBCRA, the BBCRA may make requests to proposers for clarifications, assurances, orfor other details including, but not limited to, financial and disclosure data relating to the Proposal or proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all proposers will be directed to all proposers. Following submission of a Proposal, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the Proposal and/or the proposer (including the proposer's affiliates, officers, directors, partners and employees), as requested by the BBCRA. 3 OF 110 283 9. Architectural and Design Requirements The Project should incorporate quality architectural design and site development standards that enhance the downtown area and adjacent properties. Proposers should review the BBCRA Plan for Project development and design guidance. Proposals will be evaluated on their adherence and incorporation of architectural and design elements presented in the BBCRA Plan and the City of Boynton Beach Land Development Regulations. At minimum, the Proposals shall include the following requirements: a. Creation of a new retail post office approximately two thousand nine hundred forty-four (3,474) gross square feet with a thirty foot (30') loading dock. Attachment "C", USPS Requirements for additional requirements. b. Parking Lot with the amount of parking spaces requiredevelopment. 10. Required Elements of Proposals. Proposals must contain all of the following docume nd information in Noer to be deemed complete. Proposals not deemed complete maybe ted. hment "D" contains a checklist to help proposers ensure Proposals are complete. a. Provide a general written state me�O'� the gjj ications and background of the proposer including any financial (ince, ng a �, to r. �j b. Provide a completed Ai�� "E", oser(s) Information. c. Provide a certificaf e Secretary of State of Florida and the state in which the corporaft i eadquarter d, if not Florida. d. An ac l��eme% tte stin that the proposer has read and understands all g �� g p p proc s and requir ents of this RFP/RFQ. 40 e. , e. Provide a I '� r ser's key personnel that will be direct) involved in proposed �� p� Y p Y p p Project's develd j/ t or management team, along with their professional qualifications, and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. f. Provide a written list of similar projects developed by the proposer, or companies controlled by its principals, and proposer's team that were completed within the last ten (10) years, including photographs, project addresses, client contact information, dates the projects were completed, and general project description. For projects that are public- private partnerships, list the public partner and their contact information including name, title, address, email, and phone numbers. Provide no less than two (2) and no more than ten (10) projects for this item. If the proposer is comprised of more than one entity in a 4 OF 110 284 joint venture or partnership, each entity must provide the information requested separately. For joint ventures, development and equity partners, the proposer must summarize the actual or proposed amount of financial participation and control of each party within the partnership. If the entity is a subsidiary of, or otherwise affiliated with another organization, the proposer shall indicate such relationship. The proposer shall also list all proposed anchor tenants, in addition to the USPS and, if known at the time of submission, any third -party operators of the development. The proposer shall include the name and a description of the legal entity that would serve as the developer and be party to the Purchase and Develop nt Agreement with the BBCRA. The proposer shall also provide the names and Messes of all persons and entities having a financial interest, mortgagee(s), o� ntor(s) in the proposed ®, development and their roles in the Project and the osin ty. For joint ventures, the proposer must summarize the actual or pro d amount o ncial participation and control of each party within the partn ip. If the entity iubsidiary of, or otherwise affiliated with another organ on, roposer shall indicate such relationship. The proposer shall also list allanchor tenants and third -party operators of the development if knon g. Provide a brief profile for each rri',ber opment team other than the proposing developer, as w s the re�j% ' f the Y personnel who would be assigned to the Project. The proposer shaI`1.,f ide ONS% relations with the BBCRA for each individual team member or firm, ers of its and or its officers. The BBCRA reserves the right, in its sol �� , t quest additional information from any member of the deveo, nt team fete � potential conflicts of interest and to limit or prohibit the p ipation of anam member or firm due to such conflict. h. State whet �� e p t" sed Project is confined to the property offered by the BBCRA or if it utilizes a" t property. If the latter, specify the location, size, use, level of control/commitment of such adjacent property to be included in the proposer's Project and provide documentation evidencing site control or contractual commitment. If adjacent properties intended to be included in the Project are not under the proposer's control, the Proposal should include: (1) A base proposed concept assuming only the offered BBCRA property; and, (2) a proposed concept assuming the inclusion of the additional adjacent property. If the proposer wishes to propose variances from or changes to the requirements of the Land Development Regulations or the City's Comprehensive Plan, the Proposal should include: (1) A base proposed concept without the proposed variances or changes; and, (2) a proposed concept with the proposed variances or changes. 5 OF 110 285 i. Provide a Construction Staging and Sequencing Plan including nature and timing of on - and off-site impacts. Vehicular and Pedestrian Traffic Analysis and Plan for the proposed development demonstrating the proposed Project would not cause unreasonably negative traffic impacts in the context of the Downtown District environment, and any modifications or improvements required to mitigate such impacts to maintain the integrity of the downtown traffic system, which, subject to City approval, would be the responsibility of the developer to fund as part of the Project. j. Provide a detailed description of the proposed Project, MJ text, tabulations and graphics. This should include but it is not limited to a schem ite layout plan; proposed density, intensity, and height; parking locations and all 4, er project component; a breakdown of the proposed total number of resideunit �� unit types, including number of bedrooms and bathrooms, and squa �Sotage forte nit type, whether condo or rental, and level of affordability, e and square foo of commercial din components, total gross building area (not i g 'closed/outdoor areas) and net rentable or salable area per project componeri� er of units, parking spaces, square footages should be provided per le as well as � � taI), conceptual elevations, as well y % Via, as the information indicating co th the fives and requirements of the plan and requirements specifie in �, ��, Architectural and Design Requirements." k. Provide a proform ` ancial lysis in ing a development budget with a detailed breakdown of t J sts, ot all r p� her soft and financing costs, property �E� / ii �� acquisition from the I (and of �/ i rs f additional properties are included in the Proposal),, , rio n a t,,her hard costs and post -construction period sales or other develo' t costs, our i rid uses statement clear) identifying the sources and �j Y Y g amo nd terms of of the proposed debt and equity funding sources to pay for the Project, .° erating c flow detailing projected gross income, expenses, debt service and net cas v, b, bn out by project component, for the development period and at least ten yea operation beginning upon Project completion for a rental project/component(s) and through sell-out for a condominium project/component(s). Include a breakdown of the amount and terms of any proposed funding assistance being requested of the BBCRA, if applicable, and how those funds will be used when combined with other funding sources. A proposer may submit the requested breakdown information under a format of their own choosing but must also complete the Proposed Project Funding Uses and Sources Information form provided as Attachment "F." If the Project is to be developed in more than one phase, clearly present the above information for each independent phase as well as in aggregate for total project. Provide assumptions 6 OF 110 286 and bases for the analysis including comparables and/or other support for estimated rental rates, sales prices, costs, expenses and other elements of analysis. If the Project is proposed to use funding subsidies from the BBCRA or other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project -based subsidies for workforce housing by listing projects and the amount and type of subsidy utilized or other information that would support proposer's ability to secure such financing. m. Provide a description of how the proposer will make attempo utilize local qualified contractors, and sub -contractors, and laborers in the pro d Project as well as pre - apprenticeship or apprenticeship training. Documentais effort will be required as part of the Project monitoring. n. Provide proof of financial capability to c Mete the propose' oject. Financial capability will be demonstrated by submita Curr , l(audited, if available) financial statement of the proposing entity, or underly Y if proposing entity was recently created, which includes a balances et, a three` statement of past income, and a projected one-year income statem ;��curren�I I year for the proposer (and its parent entity if proposer is a subside . In lieu of the above, th °� shall third party evidence of the ability to secure M financing in the for / a prel Binary fi king commitment letter or letter of interest from a lending in ion source of debt or other financing. A firm financing commitment a lending institution or other source of investment financing will be re i " r t closing of the sale of the Project Site, or as otherwise �j ent between the successful proposer and the BBCRA. stipula � - 'yin negoti Ag�� p p Infor n regarding,, y legal or administrative actions, past or pending, that might impact t��pacity of proposer (or its principals or affiliates) to complete the Project must be des d. lbsure of any bankruptcies by any of the above or related entities during the pas j / 10) years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked `confidential.' Financial information will be accepted only from the proposer as part of the submission packet and will not be accepted if it is submitted directly to the BBCRA by an outside entity or institution. o. A signed written statement of intent to purchase the Project Site indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. Any Purchase and Development Agreement ("Agreement") will contain performance-based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, 7 OF 110 287 commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. p. Provide authorization to perform a credit check for each proposer or business entity. The authorization form must be executed by the appropriate officer of proposer entity (see Attachments "G" and "G.i." Disclosure and Authorization to Perform Credit Check forms). q. A list of all civil and criminal legal actions in which each p "Sser entity (and its parent entity if it is a subsidiary) is currently a named party or vy ed party in the past four (4) years, providing the case number, case descri ,the , e of jurisdiction, and disposition (or status) of each case. Propose r(s, y include dditional relevant information. If there are no i/ legal actions to dprovide a writte ement attestin g /� , p "� g to this fact. r. Provide a statement as to whether t ro oser is1 rears of an taxes or other financial s � p Y obligations to the BBCRA, City, or j unicip r state entities. Proposer(s) may include additional relevant informa� If n� arrears of any taxes or other financial obligations to disc��/e, proved ten sment attesting to this fact. s. Provide a PowerPoix If resent n of t/ roposal, consisting of no more than fifteen (15) slides with m : um �r ,, �Ks dedicated to proposer's past history and n, j� experience informati��ff emaining S, will focus on description of the development ��, , of the prec site, program, design, construction, development cost, sched financi �� oo, ac uisition terms, estimated absor tion rates and p �j q p sales` „jng/operation t. Provide ex e° d f ",verifying that the proposer has met with City of Boynton Beach iG Planning and D ment Department staff to review the Land Development Regulation requirements and development review processes applicable to the proposed Project (see Attachment "H," City of Boynton Beach Planning and Development Department Meeting Verification Form). u. All other requirements contained in this RFP/RFQ, including all attachments that request a response or information from the proposer. v. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ (see Attachment "I," Acknowledgement Letter). 8 OF 110 288 11. Submittal Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 on or before September 26. 2023, no later than 2:00 p.m. Eastern Standard Time (the "Deadline"), as determined by the time stamp or clock at the BBCRA's reception area set up on the 1st Floor Lobby. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted Proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivere o"% sealed box or envelope. Faxed and emailed Proposals will not be accepted. one (1) bound original Proposal document must be submitted with a title pa 'istin' name of the RFP/RFQ and the submitting proposer along with one (1) u , ' end but clipp Py of the complete Proposal and one (1) digital copy of the com Proposal in PDF at on a labeled CD/DVD or thumb drive. Proposals shall be ly mar, °on the outside of the envelope or delivery box container as follows: Request for Prop , Is and De _„ r Qualifications %//,, , ,. for the United States Postal Sj j ton Beowntown Station Project Boynton Beach Co � uni lo�ment Agency ity of B each, I rida /�%OI sue D July 28, 2023 Submittal [ lme: S� ember 'M 2023, no later than 2:00 p.m. (EST) c. Completeness. All Prcfmust be cplete upon submittal to the BBCRA. d. Signat jlihe Prop'% ani documents submitted with the Proposal that require a signs must be si d by an individual authorized by proposer to legally bind and represeQposer. Ilk e. Failure to Me I mittal Requirements. The failure to meet the Deadline, submit a Proposal that complies with the form and number of copies requirements, or submit a complete Proposal may result in the Proposal being rejected and returned at the sole discretion of the BBCRA. f. Proposal validity. Proposals shall remain valid and binding on proposers for one hundred eighty (180) days after the submittal date. 9 OF 110 289 12. RFP/RFQ Documents. The following planning and site documents are incorporated as part of this RFP/RFQ and may be obtained from the BBCRA office or,h.t;tps,;;//rru�..l�pyir�.k�rli.lbs,�gl��ir;;;�pirm... l,2,sii.im�.ss„- !gy2.l2R,rneir tLlr-fps--irigs4 bs. • Aerial Map/Parcel Map of 401, 407 & 411 E. Boynton Beach Boulevard (see Attachment "A") • Survey of BBCRA Owned Properties (see Attachment "B") • Development Proposal for USPS Requirements (see Attachment "C") Appraisal Phase I Environmental Report 2016 Boynton Beach Community Redeve In addition, all proposers are encouraged to walk the P performed all necessary inspections on the property 13. RFP The BBCRA staff shall review each Proposal Proposal is complete, and whether it fully RFP/RFQ. A proposer's failure top ide may result in the submissio ///� submitted information fr competing proposers sha In addition to mem and 10, each P, t criteria, whidfo" successfully und''J any other criterion assumed to have etermination as to whether each rjr eview, including whether the rr'ns and conditions outlined in this lete RFP/RFQ response submission MCRA may request clarification of dentiality of proprietary information from it permitted by law. requirements of this RFP/RFQ as described in Paragraphs 9 ur7ased on the information provided and on the following order of importance. As noted below, adequate capability to sed Project is a minimum standard which shall be met before Capability of the Proposer and Development Team. The primary focus of the evaluation shall be on the experience, qualifications, and financial capacity of the proposer (and financial partner, if any is identified and to the extent firmly committed) considering: the proposer's track record of securing financing for (or self-financing) and developing projects of comparable nature and comparable or greater scale and of high quality in terms of their use and architecture; evidence of financing relationships and interest in the proposed Project; other information indicating the proposer's financial capacity which it chooses to provide at this stage; the proposer's reputation in the industry for competence and integrity; and successful completion of public-private development experience, if 10 OF 110 290 any. The capability and track record for high quality design of the architect/design team will also be considered. Note that if a proposer's qualifications and financial capacity are not considered adequate to successfully undertake the Project, the proposer will not be considered no matter what the Proposal's merits are on other criteria. Adequacy of qualifications, relative qualifications, and capacity will be considered comparative criteria weighed along with the other criteria. b. Likelihood of Feasibility. The likelihood of the proposed Project being feasible in a reasonable timeframe, considering: (1) The thoroughness and convincing nature of the propose nalyses, assumptions, and strategies, including: the market, development/co financing, operating, ��j and other elements of the Proposal; (2) Financing commitments, if any; (3) Extent of control of any additional propert (4) Implementation schedule; and, (5) Conditions and contingencies for realizing leasing, and regulatory/approvals„and how I to be incf�"4 in the Project; t such as financing, market/pre- se are to be achieved. c. Financial Return/Effect to BBCRA. '= crib” 'o j/jll Wevaluated for the value of the proposed sale terms, any subsidy req6i - om 'BBCRA, as well as real estate taxes and any other direct or, ,�f arly i� ifiable revenues to the BBCRA that would be generated by the p ct, al " with "�� sideration of the timing and likelihood of receiving these re es and hot direct values or costs that the BBCRA in its ice discretion considers,/v onably be evaluated. (It should be noted that, although re en �'d by the project is an important evaluation criterion, the j G , %r BBCRA is �ito� ,tor negotiate with the proposer who proposes the highest financi ; eturn to th BCRA�// d. Fulfilmeithe CR requirements and objectives for the Project as stated in ParagraPhis d include the operational efficiency, aesthetic quality, and the amenities oft' eject. The proposed Project's ability to contribute to the vitality, amenity, and economic activity of and in the Downtown District; have a high-quality architecture and aesthetic appeal; initiatives beyond what is required and/or that are unique solutions; and the inclusion of adjacent properties to the extent that it will improve the overall quality of the proposed development; will be considered. e. Proposed plan or program to use local contractors, sub -contractors, and laborers in the Project. The plan or program shall include pre -apprenticeship or apprenticeship training and monitoring mechanisms. 11 OF 110 291 After the BBCRA staff reviews the proposals for completeness and evaluates the proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the BBCRA Board at a public meeting. The proposers will present their proposals and their PowerPoint slide presentations before the BBCRA Board at their regular scheduled meetings in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. In the selection of the successful proposer (if any), the BBCRA Board will consider all proposals that meet the minimum submission requirements for review, the BBCRA staff review, the BBCRA Advisory Board recommendation, and/or any other relevant data. A�,' conclusion of the public presentations, a proposer may be selected by the BBCRA Board,.,",ever, the BBCRA Board is under no obligation to select a proposer regardless of their ran an, at its sole discretion, opt to terminate the RFP/RFQ process or continue the prods , o a su went meeting. The existence of a contractual relationship betwee j roposer and thetA is contingent upon successful negotiations between the BBCRA r ° a Bele 'proposer, and execution of an agreement by both parties. Therefore, upon selects cessful proposer, the BBCRA and the successful proposer will then enter i to negotiate for a Purchase and Development Agreement that will contain terms subst" milar t" contained in the successful proposal and this RFP/RFQ. i. Any Purchase and Deve V Agredt/A must be in a form approved by the BBCRA Board and BBCRA le unsJug1 j ii. If the BBCRA and succes os re not able to agree upon a Purchase and Development Agree p g �� 'both parties within ninety (90) days of the ��!% t s a �� selection oIces proposer, proposer shall have the right to terminate the W negotiaThe, A m�/� rminate negotiations at any time for any reason. iii. If th RA sends a"" � repon Purchase and Development Agreement, or sends a Purcha�, d Develop °"t nt Agreement with a communication that informs the proposer that the a ' ent Stitutes the BBCRA's final offer, and proposer fails to return an executed coMo �ij/ rovided Purchase and Development Agreement within 30 days of receipt of such reement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to acceptance of such agreement. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another proposer, re -advertising the RFP/RFQ, electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the BBCRA. 12 OF 110 292 Any transfer of the property from the BBCRA to a proposer for less than market value will be subject to approval of the City of Boynton Beach City Commission. Other proposals may be subject to approval of the City of Boynton Beach City Commission. 14. Tentative Schedule. The following tentative schedule is anticipated for actions related to this RFP/RFQ. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA's website at www.boyntonbeachcra.com. RFP Approval by CRA Board (subject to legal review) Issue Date of RFP/RFQ: Voluntary Pre -Submission Meeting: Question/Request for Clarification Deadline: Submittal Deadline: Presentation to BBCRA Board: Draft Purchase and Development (P&D) Agreeme CRAB Review of P&D Agreement BBCRA Board Approval P&D Agreement: (Note: Dates above subject to change — of changes, if any.) 15. Contact Contact Informato related to this_RFP/R J� 2023 y 28, 2023 t 17, 2023 Aug��o , 2023 Septerrl /r6, 2023 November, 2023 January 9, 2024 February 1, 2024 March 12, 2024 parties will be notified by email 0S questions, and requests for clarifications be directed to the person designated as the procurement ach Community Redevelopment Agency 81 'on Beach, Florida 33435 Phone: (561) 600-9091 Fax: (561) 737-3258 Email:k1 ( Iblb; I us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, and requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than August 28, 2023. All answers to questions, clarifications, and interpretations will be issued in the form of an addenda, which becomes a part of this RFP/RFQ. The proposer must acknowledge receipt of each addenda 13 OF 110 293 by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment "J"). It is the responsibility of all proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer, or to any assumptions made by proposer. Written responses to all written questions submitted shall be maintained by the BBCRA in the RFP/RFQ file. c. Limitations on Communications; Cone of Silence; No acting on proposer's behalf may not contact, between the end of the seventy-two (72) hour period follow. intended award (excluding Saturdays, Sunday /%sd officer, or Board Member of the BBCRA conce °Y g any writing to the procurement officer or as pro d in t this provision may be grounds for rejecting a ng. Proposer or persons he B�se of the solicitation and D/ posting the notice of tate h '11, s), any employee, spect of thi P/RFQ, except in 4/RFP documents. Violation of Further, during the same time per �� oser or �� ons acting on proposer's behalf �� , may not contact any BBCRA Adviso Boa f er, r any other person working on RFQ. behalf of the BBCRA on any matter re phis Communication proh' " d by RFP/ f, or by any other state, federal, or local law or regulation, may e an i i' ual O�irm to be disqualified immediately from participating in the , o r �� process. Any violation of this condition may result in reje,�Jnd/qualification of the proposers Proposal. For pq ' ° ses of this ' ion, j��ons acting on proposer's behalf shall include, but not be %,, limite%° the propose` employees, partners, attorneys, officers, directors, consultants, IobbyistFFM ny actu r potential subcontractor or consultant of the proposer. This "Cone of Sil' N� bbying is in effect from the date of publication of the RFP/RFQ and shall terms��at 1) the time the BBCRA Board selects a proposer, rejects all Proposals, or otherwise takes action which ends the solicitation process; or 2) at the end of the seventy-two (72) hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later. 16. Disclosure and Disclaimer. Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this RFP/RFQ at anytime; b. Modify the schedule associated with this RFP/RFQ; 14 0F 110 294 c. Issue addenda to this RFP/RFQ; d. Request additional information, clarifications, or assurances from one or more proposers or prospective proposers; e. Reject any and all Proposals; f. Refrain from awarding an agreement as a result of this RFP/RFQ; g. Verify the accuracy of any information provided; h. Accept Proposals that deviate from this RFP/RFQ; i. Disqualify or reject Proposals that are incomplete, untimely, or unclear; j. Re -advertise this RFP/RFQ and accept new Proposals; k. Obtain economic feasibility studies or third -party evaluations regard to any part of any Proposal; I. Evaluate the Proposals through any process that compli� the BBCRA Procurement Policy, this RFP/RFQ, and applicable Florida Statutes m. Select one or more successful Proposals or prop o it deems wi 11 in the best interests of the BBCRA, regardless of which Pr sal appears to offe" best monetary value to the BBCRA; / �� n. Waive any required element or condition fouri`�f , , FP/RFQ for all Proposals or for a specific Proposal; 41,111111 o. Waive any formalities associated w 7 I RFQ; ... p. Negotiate agreements, abandon or dra 'IMAIN, /� nations, approve agreements, sr9 and take other similar actid,as a res�.�1� is RF FQ. Any proposer who submirotorr/, �ropos �� n respof' to this RFP/RFQ fully acknowledges all the %r provisions of this disclosud digees to be bound by the terms hereof. In the �i event of any differences betv�r�� is disclosurEand disclaimer and the balance of the RFP/RFQ yi/i%pig , , the provisions of re isclaimer shall govern. If proposer fails to fully comply with all requiremer� this RF ?,Per or proposer's Proposal may be disqualified. 17. Protests. The Bid Protest Po�� ss ava a upon request. Submittal of a Proposal in response to this °'� RFP/RFQ constitutes t�' f nce of this policy. 18. Non -Discrimination. The selected proposer, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the RFP/RFQ the BBCRA, the Proposal, any agreement resulting from this RFP/RFQ, or the Project. 19. Permits, Taxes, Licenses and Laws. The successful proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, 15 OF 110 295 ordinances, rules, and regulations applicable to responding to this RFP/RFQ and carrying out the Project. 20. Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this RFP/RFQ to be of non -confidential and/or non- proprietary in nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a proposer believes any portion of a proposal is exempt from public records disclosure, the proposer must identify the portion of the proposal it b lieves it is exempt, state the reason for exemption, and request the BBCRA exempt it from p j it records disclosure. The BBCRA will exempt potions of a proposal from public record losure only to the extent permitted by law. 21. Public Records. The BBCRA is public agency subject to Chapter 119, a Stat 0 s. The successful proposer shall comply with Florida's Public Records Law. Specificalsssful proposer shall: a 70, c 0 Keep and maintain public records the BBCRA in order to perform the Provide the public with a that the BBCRA would/ provided in chapter Ensure that public public recor W Meet ��i fequir all pub% col destroy a��0 t records sto 4 G compatible wit rdinarily ecessarily would be required by r/recor'on the same terms and conditions and at a cost that does not exceed that rwise provided by law; Yat ardl@ftpt or that are confidential and exempt from re not disclosed except as authorized by law; and, r ret ffing public records and transfer to the BBCRA, at no cost, p 'ession of the proposer upon termination of the contract and 7 blic records that are exempt or confidential and exempt. All J nically must be provided to the BBCRA in a format that is nformation technology systems of the BBCRA. IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 E. Ocean Avenue, Boynton Beach, Florida 33435, .:.....b� I Io�s . .. .._., 22. Public Entity Crimes Statement. 16 OF 110 296 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this RFP/RFQ, propose or�J#st complete and attach irAttachment "K" Public Entity Crimes Statement. 23. Drug Free Workplace Certification Preference shall be given to proposer(s) with drug frei described in Section 287.087, Florida Statutes. Whe equal with respect to price, quality and service a c subdivision for the procurement of commodities from a business that certifies that it has implemente given preference in the award process. In ij to rece complete and submit with its Proposal tharg, ttr/m%�,00 Workplace Certification. VOlb� /p�k rk prograni'41/1 der the standards two (2) or mor4l/�,oposals that are ,x p /ed the BBCRA or by any political al services, a proposal received g -free workplace program shall be h preference, the proposer shall iti n, Attachment "L," Drug Free 24. E-Verif In any agreement resultin this RFQ, roposerwill be required to warrant, for itself and its subcontractors, co nce �71 immigration laws and regulations that relate to their employees. Proposer" and 3ckn ledges that the BBCRA is a public employer that is subject to the E Pts as set forth in Section 448.095, Florida Statutes, and that the provisions Sec. ply to such an agreement. 25. Authorizatill r Rel ase ''Information ;1 h RA checking references and contacting prior stakeholders Proposer consen concerning past pro A I poser has completed. Bidders must complete Attachment "M" Authorization for Rele of information. 26. Non -Scrutinized Entity By submitting a bid, bidder certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. Proposers must complete Attachment "N," Certification of Non -Scrutinized Entity. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 17 OF 110 297 LIST OF ATTACHMENTS: A. AERIAL MAP/PARCEL MAP B. SURVEY OF BBCRA OWNED PROPERTIES C. USPS REQUIREMENTS i. Requirement Overview ii. Facility Planning Concept Summary iii. Development Proposal iv. USPS Lease Form D. PROPOSAL CHECKLIST / E. PROPOSER(S) INFORMATION F. PROPOSED PROJECT FUNDING USES AND SOURCES INF ION G. DISCLOSURE AND AUTHORIZATION TO PERFORM CR T CH�% % P i. AUTHORIZATION TO PERFORM CREDIT C ��( (BUSINES H. CITY OF BOYNTON BEACH PLANNING AND D OPMENT DEPART VERIFICATION FORM I. ACKNOWLEDGMENT LETTER J. ADDENDA ACKNOWLEDGEMENT K. PUBLIC ENTITY CRIMES STATEMEJj L. CERTIFICATION OF DRUG FREE WO � LAU-1 M. AUTHORIZATION FOR REL E OF IN, // IONS%""" N. CERTIFICATION OF NON4UMI1NIZED PANY NCIPAL OWNERS) MIEETING 18 OF 110 298 ATTACHMENT "A" AERIAL MAP/PARCEL MAP 19 OF 110 299 7/14/22, 8:58 AM PAPA Maps MA AM,. Bill, uY V, y g +r L,4 f p 1 r ^' „i ,�s o s.Vrrr aSi„nN,'n„Gsa✓r�i�mmr� d Search by Owner, Address or Parcel 1B111 0 A s� 1 O View Property Record Owners BOYNTON BEACH CRA Property Detail I1...w af:iion 401 E BOYNTON BEACH BLVD 1Iudiii 1,,,IIm111'rp,:y BOYNTON BEACH lai re11 No08434521180000060 Subdivision n ARDEN PARK ADD Brrrult 32246 P"<qe 398 `.,,Ale IIIa:Ce, FEB -2021 100 E OCEAN AVE FLOOR Ivlalill inq 4 Add `°A`" BOYNTON BEACH FL 334354515 Us, I ylrre 1 100 - STORES II o nall 2062 ;rliud�ur4'� I �aq. Sales Information Sales Date Price ''..FEB -2021 917000 SEP -2013 10 SEP -2010 10 JAN -2006 275000 Appraisals Tax Year 2021 1117'Ipro veirirmil7tValue $63.,670 '. and V,allu e $133, I I2 I"art nlllVa 1111k rP_ Valllue $196,782 All values are as of January I st each year Assessed/Taxable va�v/!/Itav Tax Year 20�� A, ,r^�,nrl alliar;^ vr1a^ilrllron VuoroiulY6 11j"ahllr. Value $ 191, Taxes Tax Year 2021 Ara V;,doi-a�rn $4,094 -. I Ad Vallloi-rrn $960 1 101111 ax $5,054.,,.' 21 OF 110 301 https://maps. co. pal m-beach.fl. us/cwg is/papa. html?gval ue=08434521180000060 7/14/22, 8:59 AM PAPA Maps D0R0THYJA(X,S MA,AMi App -,- Search by Owner, Address or Parcel 00 A ff III ; 1=0 View Property Record Owners BOYNTON BEACH CRA Property Detail 11 wa I on 407 E BOYNTON BEACH BLVD A u iii !,, 1 Im 111 [ y BOYNTON BEACH lairell IPIca.. 084345211 80000051 Subdivision ARDEN PARK ADD Rook 32246 11',gv 398 ',,Alr, Dare FEB -2021 100 E OCEAN AVE Mailhinq FLOOR Addn,A,, BOYNTON BEACH FL 33435 4515 -VACANT COMMERCIAL lype 1000 W I all *Iumro I:r, Sales Information Sales Date Price FEB -2021 917000 SEP -2013 10 SEP -2010 10 JAN -2006 10 JAN -2006 325000 Appraisals Tax Year 2021 11111aplovnirmim valuo $57 11 a I id V411 je $ 156,660 mall Marko V'RhAv $156,717 All values are as of January I st each year Asses sed/Taxable vcilfl) Tax Year 2021 INN A,,,, Vakw $128,8 1 11 XvimlAinin $o Ainn"nP axal.Ilkl Value $ 128,840 Taxes Tax Year 2021 Ad %4oroin $2,925 Non Ad Vallororin $0 10 a 11 11si X $2,925, 22 OF 110 302 https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521180000060 7/14/22, 8:59 AM PAPA Maps D0R0THYJA(X,S MA AM,. mw Bill, Search by Owner, Address or Parcel 00 A ff III ; 1=0 View Property Record Owners BOYNTON BEACH CRA --1111, � .............. Property Detail 11 wa I on 411 E BOYNTON BEACH BLVD I u iii 1,, 1 Im 111 [ y BOYNTON BEACH lairell IPIca.. 08434S21180000040 Subdivision ARDEN PARK ADD 1 32246 P<qe 398 K,,Alr, IIIaCe, FEB -2021 100 E OCEAN AVE FLOOR Mailhinq 4 Addn,A,, BOYNTON BEACH FL 33435 4515 Us, I y 'w I 100 - STORES 11 o I aII ....... . ............. Sales Information Sales Date Price FEB -2021 917000 SEP -2013 10 SEP -2010 10 JAN -2006 10 JAN -2006 325000 Appraisals Tax Year 2021 III I proveirioni value $133,960 11 ;and Valiue $177,716 1 ol,111 Maid"m value $311,676 All values are as of January I st each year Assessed/Taxable V " k Tax Year 20 , Vall up $ 3 PC; I Yr,iriIridian AnmunC azul ll value $311, Taxes Tax Year 2021 A61 Valorr^rn $6,613 I Ad W11ramirin $1,550 I wall lax .................... . . // ........................................................ $8,163,, 23 OF 110 303 https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521180000060 ATTACHMENT "B" SURVEY OF BBCRA OWNED PROPERTIES 24 OF 110 304 ea".axa �u A....� ...w.._ww,. .........._. __� ,.,.,. �.�, m__..µ LO g 0 M H'Jtl38 N(71NA08 5N3°Jd1N3Wd0�3A343211J.INfiWWO� `JNIddtlW OM/ ONU 3AN(S ltlNOlSS3�OFld H ee« �7t wsd v r m and nanans odor aNv navaNnoa a� �a_ �yy eeandN �n a Wes W ax �Q6g&�� <�� exux x.x� x�o exnxexn�oRuxeu^exxnnxxxnxn p��eexxnx a� g�'"�� tl�aG �� a�aF �d dd_p�c�odmWLL�W��.�»oa:��IWme��s2a��o,a„��aaaa �aov"so g�o s � zHI a 3AV dVOallba L _ a 9�N1 9 s" I Itl� riJ I b I J f 1 CSI I Q 14 O I 511 I O I '.IxAxextixa '„jjj� V ZIP (e)o93rc ioi(muna {I7 !” y i a e4 � vi; �. yl I x 9 ^"•"(a / fur ae W "SS y � g i a �°',�e Wy o 4 r� $a "d 6g �0� a � s EI / ✓�� '�" � �IMF o /� e� -Mix 1. �;5� �h =3� AR r a ` 8 W µ r lry y SIT, wi ,�'b .as `�'¢�,�w�¢�� — — ._� 1v �, _ - - a, Yn3 s _ aac "v> �"l .N �� I a �1 1 I i ATTACHMENT "C" USPS REQUIREMENTS 26 OF 110 306 w No M w i �_ O N Cf) U c a � U O m (a uJ X U) N co OE Q Q a c L LL a) (n L N M Q m U p u1 w No M w i ATTACHMENT "C.i." REQUIREMENT OVERVIEW 29 OF 110 309 J LL N m O °��cn00 �-) o (L) U)h �mU) c� 0 7Co >m 0)Co mwQ}, Cn U N C i co �' Cn N O Co N 0 c O c�5 Co � 0)O O � � L Q U 0 77D O 0O W >+ > �-� O N i U) - m -a A � L I) O C Q U � �O O � ON to Cf) CL, - 0 -0 L U) co ■ N p Ca>+ a Ln U N co � Co co a�4�� AJ c NLL M > a A, -0 Nm N CO W ^, O Ln O L L co C: :3 ■ Z 0 co m O Q � CD U o CD 0 m a co W C; 0 M w .. d O N E N O p co E N 4.1 N N d X p a Q N � Q Q (D N U) M, •� N NN ry c co W C; 0 M w ATTACHMENT "C.ii." FACILITY PLANNING CONCEPT SUMMARY 31 OF 110 311 m ME a m MOMMEN CN IN I Ro iz, z 'R On, w 1, d/i ANNE., ASID/l/b/ Fl/0/pil" F 33MF IV Pool, cr 3n 0/0 cv, z z "N" tj cc co LL C.) j 4 Y 0 0 va W 'A .j 121 v z a E 0 z 0 0 0 0 CL 2 (1, 0. 0, 0) 0, 5 UJ U W (z CN IN I m r. 0 0 0 u Lr, w I CD N ATTACHMENT "C.iii." DEVELOPMENT PROPOSAL 34 OF 110 314 w Appendix 2 U.S. Postal Service Lease Proposal Boynton Beach Relocation Thuy Shutt, AIA, FRA RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. Boynton Beach, FL 33435 June 28, 2022 Re: 401-411 E. Boynton Beach Blvd., Boynton Beach, FL Dear Ms. Shutt, JLL ) , . On behalf of the United States Postal Service (USPS), Jones Lang -' alleased to submit this Letter of Intent (LOI) to the Boynton Beach CRA. Due to the pending le of the c � � USPS location, USPS needs to relocate its retail operation. To continue to best sery community, U j eeks a new location as close as possible to the downtown hub. The CRA -own operty at 401-411 nton Beach Blvd. is an ideal site. However, because USPS is unable to chase t ; and directly and construct a new building itself, they are respectfully requesting the CRAB ista with the following solution: for the CRA to utilize Option II of its LOI Policy to issue a Reque; osals to qualified parties to purchase the CRA -owned parcel and construct a freestanding building a USPS will lease on a long-term basis. Following are the details of this requirement: 1. USPS Building Requirements: Premises Size: 3,490 S11%,f Premises Type: 1 �/j E/7 Docks Required One (1) dock Parking: / 22 Spaces 01, 2. Form of „se. As a fed e Inti ty, �PS is required to utilize its lease form. 3. Rental Typ'�� Yrs PS seeks modified gross lease, whereby the landlord would have responsibility for maintaining `uildin , d grounds. 4. Space Condition: U�will provide a complete design which the landlord shall use to construct the building shell. USPS will build out the interior itself. 5. Lease Term: 120 Months (possibly longer), with two (2) five-year options to renew. 6. Tenant's Broker:Jones Lang LaSalle is Tenant's exclusive broker and representative. Jones Lang LaSalle is not an agent or subagent of the Landlord. Landlord shall pay Jones Lang LaSalle one full real estate commission equal to 4% of the lease value, due and payable at lease execution. Please feel free to contact me with any further clarification or questions in order to help you expedite your response. Page 1 of 3 36 OF 110 316 U.S. Postal Service Lease Proposal Boynton Beach Relocation Sincerely, cc: Richard F - Steve Rol Q,))JLL /J"'e;�ko Page 2 of 3 37 OF 110 317 Sarah Kutner, Senior Transaction Manager Jones Lang LaSalle Email: Sarah.Kutner@am.jll.com Tel: (202) 719-6135 cc: Richard F - Steve Rol Q,))JLL /J"'e;�ko Page 2 of 3 37 OF 110 317 zee 3z li OV S WiWOS .0— W—Q� LWWI AONVNIA HOV38 NO1NA08 iZ)AiIHDaV- CONVIG 9 9SOP 03SOdO?Jd 2 - A N, 0 0 1 N H L-1 L L L L,,] L J L-1 L -1 n J L L L-1 L n J n L 0 1 Z 6 OE.z L –i -J-` < LL, z co a. Z so OOz G� o EIL F— z 011, O wa IR Ar "J7111111, A ------------- --------------- O LU pp < co I °Y N� �n e } a o I LD z < EL LL e6 3N �V _ wP 8888-SC6CC ze 3z 'li'HOV 9 NO1NAOS X HOtl38N —0. 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FoOlo-, v �< > <° w» ATTACHMENT "C.iv." USPS LEASE FORM 55 OF 110 335 Appendix 3 56 OF 110 336 UNITEDSTIATES L SERVIC& Facility Name/Location Lease (Single -Tenant Form) County: Lease: Q90000674655 This Lease, by and between [Landlord Entity to Be Entered], ("Landlord") and the United States Postal Service ("USPS" or "Postal Service"), is made as of the Effective Date. The "Effective Date" shall mean the date the Postal Service executes this Lease. In consideration of the mutual promises set forth and for other good and valu/onside ration, the sufficiency of which are hereby acknowledged, the parties covenant and agree as follows; 1. PREMISES: Landlord hereby leases to the Postal Service and the following premises (the "Premises") located in a Concrete building (the "Building") situated upon the real property with an Assessor' described in Exhibit A attached hereto and by this reference i c consists of approximately square feet of net inter spa Exhibit C and incorporated herein by this reference.i�,.. The Postal Service shall have the right to use any ap and the Property, including sidewalks, driveways, dr areas, and parking areas, wherever located in or on t appropriate to support its intended use of the Premise not make any changes to the size, locatio, re, user areas of the Property which impair the /s to or Service and/or its customers, as rea bly det fined 2. TERM: The Lease shall be effecti` Postal Service, including the a ment ri, ion Date") only after Landlord' � Lease. The Commenc t Date W written notice may al elude set d4 Landlord fails to obje he dates in the parties. The Lease s�� xpire on Date. If this Lease is exten eases from Landlord, the a street" ess of Number o Oi and legally herein the "�Liperty"). The Premises !r additional space, if any, as shown on ppurtena/" and easements benefiting the Premises trance2� , its, access lanes, roadways, service tWPostal Service deems necessary or I e Its rights under this Lease. Landlord shall ce any installations upon the sidewalks and parking llity of or ease of use of the Premises by the Postal fine Postal Service. o �te but the term of this Lease and the obligations of the charges or rent under this Lease, shall commence "Commencement 9 ( ;ommises to the Postal Service in accordance with the terms of this jed by written notice from the Postal Service to the Landlord. Such or th fenewal option terms based on the actual Commencement Date. If i notice within 10 business days, such date shall be final and binding on last day of the th calendar month following the Commencement extended period shall also be referred to herein as the "term." 3. RENT: The Postal Service wiftf 4' Landlord an annual rent of: $ ("Rent"), payable in equal installments at the end of each calendar month during the term. Rent for a part of a month will be prorated according to the number of days of the month occurring during term. Rent shall be paid to: 4. RENEWAL OPTIONS: The Postal Service shall have the right to the following renewal options: Period Annual Rent Month Month Market Value OCYA August 2017 Page 1 of 2 UNITEDSTIATES L. SERVICE. Facility Name/Location Month Month Market Value Lease (Single -Tenant Form) County: Lease: Q90000674655 provided that notice of exercise of each such renewal option is sent in writing, to the Landlord at least 30 days before the end of the initial Lease term and each renewal term. All other terms a conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. 5. OTHER PROVISIONS: When used herein the term 'lease" or "Lease" ' , bd provisions, modifications, riders, layouts, and/or forms which were a, Pon of this Lease. • General Conditions to USPS Lease • Real Estate Conflict of Interest Certification • Addendum • Maintenance Rider Landlord Responsibility • Tax Rider Percentage Reimbursement of P • Utilities, Service, & Equipment Rider • Subordination, Non -Disturbance and Attorn • Renewal Option Rider (Market Value) 6. TERMINATION: There shall be no August 2017 I of the following additional to execution and made a part n ri jW, except as otherwise provided in this Lease. Pa" i Follows] Page 2 of 2 338 UNITEDSTIATES L. SERVICE. Facility Name/Location Name: Witness IVQI IIC. Witness Provide for Execution State of County of I, the undersigned Notary Public me this day and acknow04!1`si Witness my hand and My Commission (Affix Seal) Signature Page County: Lease: Q90000674655 LANDLORD and State aforesaid, certify that personally appeared before of the foregoing instrument for the purposes therein expressed. day of Notary's Printed or Typed Name POSTAL SERVICE By: Name: DAVID ROUSE Title: Contracting Officer Date: August 2017 Page 1 of 1 Notary Public 339 I RTES POSTAL . '`ICE Facility Name/Location County: Lease: Q90000674655 Instructions Instructions for Execution and Providing Supporting Documentation for Types of Landlord Entities Individual, Administrator, or Trustee a. All co-owners and all other persons having or to have a legal interest in the p arty must execute the Lease. If the Landlord is married, the spouse of the Landlord must also execute the e. The Landlord must submit adequate evidence of title. MM b. Where the Landlord is an administrator or an executor of an estate, t�, m - e furnished a certificate of the clerk of the court or certified copy of the court order showing the a o ntment ,�t administrator or executor, together with a certified copy of the will of the deceased. If themwill, or in t� ent the will of the deceased does not specifically authorize the administrator or executor to enter� contract to lease the proposed quarters, it will generally be necessary to furnish,,, dditiVY/gIr/er fthe above named items, a certified co of the court order authorizing such administrator ore ° �� or t into a lease with the Postal Service. PY 9,, c. Where the Landlord is a trustee, a certified copy of the instrurrm%e'�4eating the trust must be furnished together with any other evidence necessary to establish thstee's auth� 19 „to lease. , Partnership j/// /jj a. All co-owners and all other persons havin or to ha2�� interj// �'/in the property must execute the Lease. If �, the Landlord is married, the husband ,� the L rd must also execute the Lease. The Landlord must submit adequate evidence of title. f fig b. If the Landlord is a general parte ip, ea, ember ��t sign. �'' c. If the Landlord is a limited p artne a rs must sign. Corporation /�� 0/// a. Where the Landlor a corporate / eas% d lease agreements entered into must have the corporate seal affixed, or in plac ��eof, the stat 1, that the corporation has no seal. b. Where the Landlord i'%9 orporation municipal corporation, non-profit organization, or fraternal order or society, the Lease must be acc ° nied b �� cumentary evidence affirming the authority of the signatory, to execute the Lease to bind the cor°'�' p p p g y ��%� � unici al corporation, non-profit organization, or fraternal order or society for which he (or they) purports t N The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers who are authorized to sign the Lease must appear in the document. Limited Liability Company (LLC) a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is an "LLC', the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind the "LLC', for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the formation documents for the "LLC', including, without limitation, the certificate of formation and limited liability company agreement. Such documentary evidence, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers or members or agents who are authorized to sign the Lease must appear in the document. K11 If August 2017 Page 1 of 2 I"U"D RTES POSTAL . '`ICE Facility Name/Location County: Lease: Q90000674655 Instructions Limited Liability Partnership (LLP) a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is a Limited Liability Partnership, the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind Limited Liability Partnership for which he (or they) purports to act. The usual evidence required to estabch authority is in the form of extracts from the formation documents for the limited liability partnership uding, without limitation, the certificate of formation and limited liability partnership agreement Suc e 1� tary evidence, must contain the essential stipulations embodied in the Lease. The names and official es of fficers or members or agents who are authorized to sign the Lease must appear in the docum��, Trust j �j a. All co-owners and all other persons having or to have a lege re, ,! the property must execute the Lease. The Landlord must submit adequate evidence of title. � � b. Where the Landlord is an administrator or an exe clerk of the court or certified copy of the court orA together with a certified copy of the will of the decd; deceased does not specifically authorize the admin proposed quarters, it will generally be ry to copy of the court order authorizing syr; astral c. Where the Landlord is a with any other evidence of an estate( ere must be furnished a certificate of the the a pent of the administrator or executor, no/I, or in the event the will of the 3t01� thuutor to enter into a contract to lease the in addition to the above named items, a certified %executor to enter into a lease with the Postal Service. of the' 11, rument creating the trust must be furnished together St's authority to lease. 341 August 2017 Page 2 of 2 UNITEDSTIATES L. SERVICE. Facility Name/Location Real Estate Conflict of Interest Certification County: Lease: Q90000674655 R To avoid actual or apparent conflicts of interest, the United States Postal Service ("Postal Service") requires the following certification from you as a potential Landlord/Licensor/Supplier/Contractor to the Postal Service. Please check all that apply in item A below. Further, please understand that the Postal S vice will be relying on the accuracy of the statements made by you in this certification in determining w�to proceed with any possible transaction with you. I, hereby certify to the [PRINT: name of potential Landlord/Licensor/Supplier/Contractor] A. (Check all that apply) I am: (i) A Postal Service employee; (ii) The spouse of a Postal Service employee; (iii) A family member of a Postal Service e (iv) An individual residing in the same hous`, (v) I am one of the individuals listed in (i) thr business organization leasing or licensing space Service; OR (vi) None of the above. B. (Complete as applicable): i. I have the following. ob th the (Title) ��i%D ii. My spouse wh� rks for the (Title) iii. My family membe works f( (Title) iv. My household member OF (Title) Service: as follows: s; (Relati6� ip) ostal �� e employee; (iv///, a controlling shareholder or owner of a i,,King ,-Pease or license space to the Postal %, (Location) ire holds the following job: (Location) Postal Service holds the following job: (Location) rks for the Postal Service holds the following job: (Location) C. If you have checked "none of the above" and during the lease or license term or any renewal term, you do fall into any of the categories listed in A (i) through (v) above, you shall notify the Postal Service's Contracting Officer in writing within 30 days of the date you fall into any of the such categories and shall include an explanation of which of the above categories now applies. D. The person signing this certification has full power of authority to bind the potential Landlord/Supplier/Contractor named above. August 2017 Page 1 of 2 ATE SES Real Estate Conflict of Interest Certification SERVICE. Facility Name/Location County: Lease: Q90000674655 Executed this day of , 20 BY: [Insert Signature] BY: [PRINT: name of entity or persj Title: [Insert title] [INTERNAL USE ONLY: 1) If A(vi)'none of the above' is sel f sto i form with the lease/license. 2) If other items are selected, submit form to Ethics.helpausps.goy. File toll ,,' thics determination with the lease/license.l " K11 K August 2017 Page 2 of 2 UNITEDSTIATES L. SERVICE. Facility Name/Location Provide Floorplan August 2017 County: Lease: Q90000674655 Exhibit A [Legal Description of Property] Page 1 of 3 Exhibits 344 UNITEDSTIATES L. SERVICE. Facility Name/Location August 2017 County: Lease: Q90000674655 Exhibit B Parking Area (if Applicable) Page 2 of 3 Exhibits 345 UNITEDSTIATES L. SERVICE. Facility Name/Location August 2017 County: Lease: Q90000674655 Exhibit C Page 3 of 3 Exhibits UNITEDSTIATES L. SERVICE. Facility Name/Location County: Lease: Q90000674655 Addendum If there is any conflict or ambiguity between any items of the Lease or this Addendum, the terms of this Addendum shall control. ANY APPROVED CI K11 VA August 2017 Page 1 of 1 UNITEDSTIATES L. SERVICE. Facility Name/Location 1. APPLICABLE CODES AND ORDINANCES General Conditions to USPS Lease County: Lease: Q90000674655 The Landlord shall comply with all codes and ordinances applicable to the ownership and operation of the Building and Property without regard to the Postal Service tenancy and obtain all necessa building permits, certificates of occupancy, and similar related items at no cost to the Postal Service. The Pos ervice agrees (i) to comply with all applicable codes and ordinances to the operations of the Postal Service Premises, to the extent enforceable against the Postal Service, and (ii) when the Postal Service 9 � �� !ts contractors (other than Landlord) is performing work at the Premises, the Postal Service will be% pon � for obtaining applicable permits and related items and to pay the associated costs. Nothing '"'M in shall be�trued as a waiver of the Postal Service's sovereign immunity. 2. LANDLORD'S INTEREST a. Landlord represents and warrants to the Postal Service that as 9� ; Effective Date, (i) Landlord owns and holds fee title in and to the Building, the Premises and thePiRIMI/ erty; (ii) e no encumbrances, liens, agreements, covenants in effect that would materially interfere wif01 al St,e��pIbili e! to operate its operations, ° i materially impair the Postal Service s rights under thi as, nalcrease the Postal Service's obligations under this Lease; and (iii) Landlord is unaware of any % ming condemnation plans, proposed special assessments or other adverse physical cod ' Ss relai, e Property. The term "'Landlord" as used herein shall mean only the owner or owner s,�j /�,/ ques ; of the fee title (or a tenant's interest in a ground lease) of the Property. %�� ,,, ,,, ,, b. If this Lease provides for paymen' i� r ,��nor more to Landlord, claims for monies due or to become due from the Postal Service u may be assigned by Landlord to a bank, trust company, or other financinginstitution, inclucj' era ting� agency, and may thereafter be further assigned and reassigned to any such institution. assign o' ' nment must cover all amounts payable and must not be made to more than one party �, fime, excep t ass i'ment or reassignment may be made to one party as agent or trustee for two or mo les particlp ,%i in financing this Lease. No assignment or reassignment by Landlord will be recognized as valid finding upo ' e Postal Service unless a written notice of the assignment or reassignment, together wi�ue co �f the instrument of assignment and other reasonable documentation, including without limitation, a�� ed with: 1. the Postal Service's Contracting Officer; and 2. the surety or sureties, if any, upon any bond. c. Assignment by Landlord of this Lease or any interest in this Lease other than in accordance with the provisions of this clause will be grounds for termination of this Lease by the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the Premises by Landlord, provided that: 1. such transfer is subject to this Lease; 2. a copy of the recorded deed or other official transfer instrument evidencing the transfer is provided to the Postal Service; and 348 August 2017 Page 1 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 3. Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to the Postal Service within 15 days after the date of transfer. In addition, both the original Landlord and the successor landlord shall execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the Postal Service within 15 days f�receipt of such form from the Postal Service. If due to the death or dissolution of the original Landlord enting the execution and delivery of the Certificate of Transfer of Title to Leased Property and Lease As J'I and Assumption form, the Postal Service may reasonably request such other documentation K id the transfer and ownership by the successor landlord, including but not limited to, a W-9 and aria_ eemen ��demnifv and hold harmless the Postal Service with respect to any claims by other p entitlement to the Rent. The Postal Service shall be ent Landlord until it has received the foregoing from Landlo Postal Service has an interest to Landlord's successor c assignee expressly assumes Landlord's duties and cov Landlord shall be released from all liability towar the P act, occurrence or omission of Landlord's succ i Lease. Nothing herein shall be deemed to relie �j a occurring or accruing up to and including the dat"4 sup exercise any and all remedies for a Landlord defa election of the Postal Service. Notw' ��j g any leased space projects, this Leas y onl �� assig commencement of the fixed tef nless D. r written 3. ASSIGNMENT. HE"FOSTAL SERVICE %°✓ The Postal Service m� blet all of ; pa consent of Landlords h consent not/ e shall not be relieved fr ny obligatio ` 'jnd fails to respond in written r des after receipt by Landlord of�� l os ervi such sublease or assignment, icable. 4. ALTERATIONS AND RESTORATION irtiesvnership int eNN n the Premises or led � �� ontinue to pay regive all notices to ndlord , II deliver all ch funds in which the ne ovided Landlord's successor or Ana ° r this Lease as required hereunder, >stal a arising from this Lease because of any g currin the transfer of Landlord's interest in this � �� j��any li ty for its acts, omissions or obligations nd the Postal Service shall be free to st eit� the Landlord or a successor landlord, at the to the contrary contained herein, in the case of new or ownership of the property transferred following nsent is obtained from the Postal Service. e� mj a Premises or assign this Lease only with the prior written un easonably withheld, conditioned, or delayed, but the Postal Service er this Lease by reason of any subletting or assignment. If Landlord t to sublease or assign from the Postal Service within 10 business days ce's written request, Landlord shall be deemed to have consented to a. The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures and install flags or signs in or upon the Premises or common areas; which fixtures, additions, structures, flags or signs so placed in, upon or attached to the Premises or common areas shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service at any time and from time to time, including, without limitation, at the end of the term or any renewal term, subject to the provisions of Section 4b below. b. Upon expiration or termination of this Lease, the Postal Service shall remove its personal property and restore the Premises to a "broom clean" condition with any systems and structures for which the Postal Service is responsible (under the Maintenance Rider attached to this Lease) in working order. Except as provided to the contrary in the immediately preceding sentence, the Postal Service shall not be responsible to restore any condition due to reasonable and ordinary wear and tear, damages by the elements, or by circumstances over which the Postal Service has no control. The Postal Service at its sole option may, prior to the expiration or termination of the 349 August 2017 Page 2 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 Lease, remove any or all of the alterations or improvements or elect to abandon the alterations or improvements in or on the Premises. If the Postal Service elects to abandon, the abandoned alterations and improvements shall become the property of the Landlord and the Postal Service shall be relieved of any liability in connection therewith; provided, however, if following expiration of the Lease the Postal Service enters into a new lease agreement with Landlord to remain in the Premises, the Postal Service shall have continued responsibility for maintenance of such alterations or improvements which were installed by the Postal Service duringt rm of this Lease (and not by Landlord) in accordance with the Maintenance Rider attached to this Lease. 5. DAMAGE AND DESTRUCTION a. Obligation to Repair. If all or any portion of the Premises, parkin reas, or any"' j on areas of the Property providing access to the Premises or access to the parking area damaged or dest by fire or other casualty, Acts of God, of a public enemy, riot or insurrection, alism, ther similar tsualty (each, a "Casualty"), Landlord shall, subject to the provisions of this „n, P ptly commence and diligently pursue to completion the repair of such damage so that the Premises and" '.ing areas, or any common areas of the ®i Property providing access to the Premises or access o the parkins are restored to a condition of similar quality, character and utility for the Postal Service's and to t, stal Service's reasonable satisfaction. Landlord shall not be responsible for (i) repairing or r �, 0 remis� o the extent the Casualty in question ®jam, results from the negligent act, omission or negligence,,he P ce or its employees (in which event that portion of the costs of repairs for damage dir ctly caus neg I nce of the Postal Service shall be the responsibility of the Postal Service), (ii) r r rest °�'any improvements, alterations, or additions installed by the Postal Service, or (iii) any furniixtur equip Vit, or other personal property of the Postal Service. b. Time Period to Repair. (i) If the damage fro asud,W such that the Postal Service reasonably determines the Premises is tenantable (i.e. suitable f er use and occupancy in the then ordinary course of its business being conducted on t ® to of the ��' alty_Postal Service shall so notify Landlord not later than 3 days following the Casual ndlord shall `�' mit tone Postal Service a copy of its construction contract for the repair or evidence of its filing plications f '� ecessary building permits and/or other required governmental approvals (as applicable) for the rep�ithin 30 ys after the date of the Casualty, and shall complete the repair to the reasonable satisfaction of th��st rvlce within 90 days after the date of the Casualty. Nothing stated herein is intended to relieve Landlord o tinuing obligations under this Lease, including, without limitation, Landlord's obligations to comply with law an ' or maintenance under this Lease. (ii) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is untenantable (i.e., not suitable for the Postal Service's use and occupancy in the then ordinary course of its business being conducted on the date of the Casualty), the Postal Service shall so notify Landlord not later than 3 days following the Casualty. If the Postal Service gives such notice that the Premises is untenantable, Landlord shall submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of applications for necessary building permits and/or other required governmental approvals (as applicable) for the repair, within 90 days after the date of the Casualty, and shall complete the repair within 270 days after the date of the Casualty. Nothing stated herein is intended to relieve Landlord of its continuing obligations under this Lease, including, without limitation, Landlord's obligations to comply with law and for maintenance under this Lease so that the Premises, if tenantable following the Casualty, remain tenantable. c. Postal Service's Remedies. If Landlord fails to meet any of the deadlines set forth in subsection b(i) or (ii), as applicable, then the Postal Service may (i) perform the repair (by contract or otherwise) and recover the cost plus a reasonable administrative cost and/or interest, by offsetting Rent and other payments and reimbursements due or 350 August 2017 Page 3 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 to become due to Landlord under this Lease and/or any other lease with Landlord, or (ii) terminate the Lease upon 30 day's prior written notice with a termination date effective as of the date of such Casualty. d. Abatement of Rent. Rent and all other payments and reimbursements due or to become due to Landlord under this Lease shall abate, in whole or in part, commencing on the date the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing acces �' the Premises, or parking areas or access thereto are untenantable or unfit for the Postal Service's use or occ cy and continuing until the Premises, common areas providing access to the Premises or parking are once again tenantable or fit for the Postal Service's use or occupancy, as applicable. The Rent and all othe mand reimbursements due or to i, become due to Landlord under this Lease shall abate from time to ti i , �propo �� the part or parts of the Premises not reasonably capable of such use and occupancy ort agree to whiess to the Premises or parking for the Premises is reduced. The Postal Service shall at _ t to continue the � tion of its business on the Premises following a Casualty to the extent reasonably p f able c /° 'stent with lifafety and good business practices. No exercise by the Postal Service of its ri° A ren Cement as stated above is intended to extend the time periods for producing the contracts for repair an completion of construction when the Premises are deemed to be tenantable or untenanta', a by the Pose ervice as described hereinabove. By way of example, and not in limitation, in the event that a Ca �i ccurs an damage from the Casualty is such that the Postal Service reasonably determines that a port // 0141 t j iseuitable for the Postal Service's use and occupancy in the then ordinary course of its business, n w �i��/ abate for the untenantable portion as described above, the Landlord shall remain ligated tto the ostal Service a copy of its construction contract for the repair or evidence of its f'ilding,, its, if applicable, for the repair, within 30 days after the date of the Casualty, and complete th air t e reas �le satisfaction of the Postal Service within 90 days after the date of the Casualty.j,, 6. INSURANCE a. Postal Service's Ins rd atl wledges that the Postal Service does not routinely purchase commercial insurance alntain a rate' ount for potential claims, as is required to technically be considered "self -ins ' Rather, the tal Service is authorized to pay proper claims against it out of its general revenue fund and avai credit, and i ubject to suit for damages. Liability claims against the Postal Service are o„ governed by the FederalClaims 39 U.S.C. §409(c), with the specific provisions being set forth at 28 U.S.C. §§1346(b), 2401(b), �� 67 80. With respect to the issue of Workers' Compensation coverage, pursuant to 39 U.S.C. §1005(c��1j ederal Employees' Compensation Act ("FECA"), 5 U.S.C. §§8101 et seq., is the exclusive remedy for all poste employees who sustain personal injuries on the job. While the Landlord is hereby waiving its standard insurance requirements for the Postal Service, if at any time the Postal Service assigns or subleases any portion of the Premises in accordance with the terms of this Lease to a non-governmental entity, Landlord has the right to impose its reasonable insurance requirements on the assignee and/or subtenant which are based on the assignee's and/or subtenant's proposed use of the Premises including the requirement that the assignee and/or subtenant reimburse Landlord for any increase in insurance premiums incurred by Landlord as a result of the assignee and/or subtenant's proposed use for the balance of the Term and any extensions, all as a condition of the assignment or sublease. b. Landlord's Insurance. Landlord shall, at its own expense, obtain and keep in full force and effect, the following insurance from an insurance company with a Best's rating of at least A and a Best's financial performance rating of at least 7. The insurance required to be carried by Landlord under this Section shall be referred to herein as "Landlord's Insurance." Upon request, Landlord shall provide the Postal Service with a copy of the certificate of insurance and premium bill evidencing Landlord's Insurance, together with the appropriate form stating Landlord's insurance policy(ies) has been endorsed. 351 August 2017 Page 4 of 13 UNITEDSTIATES L. SERVICE. General Conditions to USPS Lease County: Lease: Q90000674655 (i) Liability Insurance. Bodily injury, personal injury and property damage insurance, naming the Postal Service as an additional insured, insuring against claims of bodily injury or death, personal injury or property damage, arising out of or in connection with Landlord's acts or omission upon, in or about the Property, with an each occurrence limit of not less than $2,000,000 and a general aggregate limit of not less than $2,000,000. Landlord's Insurance shall be primary with respect to any claim covered under such insurance and arising out of events that occur outside the Premises. Landlord shall have the right, b t the obligation, to increase the amounts or limits of insurance to such amounts as Landlord deems yeas ly necessary. Landlord may, at Landlord's option, carry insurance required under this Section under�I rella policy or policies for coverage amounts exceeding $1,000,000, provided that such u br po�% r policies otherwise comply with the requirements of this Section. oo, (ii) Prosy Insurance. Insurance covering loss or damage a Premises and t �joperty by reason of fire (extended coverage) and those perils included within the sificatf "Special F r m Causes of Loss" insurance (with other appropriate endorsements), which i;anbe in the amount of at least 90% of the full replacement value of the Premises (exclusive of ex� footings, and foundations) as determined by insurance company appraisers or Landlord's fisurance bro' ,tee (iii) Flood. Earthquake. and Tornado Insurverinq ' s or damage to the Premises and the Property by reason of flood, earthquake, or Lornawhic e shall be in the amount in line with N insurance carried by comparable propert owners 'araboperties within the vicinity of the Property. 7. HAZARDOUS/TOXIC CONDITION AU a. Definitions. As used in these, t s have the following meanings: "Environmental Laws" me der, j/ protection of human heal Hazardous Materials i e air, su� remediation of, licen I manufacture, handling of HazardousMVI'ft rials; (ii) all (iii) the Comprehensive nmental// §9601 et seq.; the Hazardo� Conservation and Recovery A� Act, as amended, 33 U.S.C. §1 Mto or local statutes, laws, ordinances, rules or regulations, relating to waa� including but not limited to (i) all laws relating to the release of 6� roundwater or land, or relating to the reporting, investigation or cesstng, distribution, use, treatment, storage, disposal, transport or s pertaining to the protection of the health and safety of employees; and sponse, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Transportation Act as amended 49 U.S.C. §1801 et seq.; the Resource nded 42 U.S.C. §6901 et seq.; and the Federal Water Pollution Control et seq. "Hazardous Materials" mean (i) any toxic substance or hazardous waste, substance or related material, or any pollutant or contaminant that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any and all Environmental Laws; (ii) petroleum, radon gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; and (iii) any substance, gas material or chemical that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any Environmental Laws. "Environmental Contamination" means the presence of any Hazardous Materials which includes the presence of friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building, at levels that require reporting to the enforcing environmental regulatory agency and/or environmental response action (s) under applicable Environmental Laws. 352 August 2017 Page 5 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 "Asbestos -Containing Material" (ACM) means any material containing more than 1 % asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. b. Landlord Disclosure. The Landlord shall disclose in writing to the Postal Service with regards to the Property: (i) the known presence of Environmental Contamination; (ii) the know esence, location and quantity of all ACM or presumed asbestos containing material (PACM) which includes al rmal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring mat „ Mess such material has been tested and identified as non -ACM; and (iii) any known information concg 1 g �, esence of lead-based paint, radon above 4 picoCuries/liter (pCi/L), and lead piping or solder in dr i` g water"�°Wms. �C c. Landlord Certification. By execution of this Lease, t "andlord certifies thMe the best of its knowledge and excluding any written disclosures per paragra B, the, perty is (i) of Environmental Contamination; (ii) there are no undisclosed underground sto an associated piping on, in, or under the j% premises or property; (iii) there are no ACMs, radon, lead -base d"°° % W l r lead piping or solder in drinking water systems, or in or on the Property; and (iv) Landlord h s an `�% not receive r is Landlord aware of, any notification or /ice other communication from any party concerning% ental c l on, or violation or potential violation of po any Environmental Law, regarding the Property or its l/j Lanbecomes aware of any such conditions, potential conditions, or violations of any Egonm garding the Property or its vicinity defined / herein, subsequent to Lease commenceme Landlord,,,, sclose a new information to the Postal Service as soon as possible, and under no circumsr tha usiness days after first becoming aware. d. Environmental Conditiof(lf the PrAffiises. (i) Unless due to the negligence of thdfq�/'°tervice;�°°�ter the Lease Commencement Date or any renewal thereof, Environmental Con on i Zy time identified on the Property, upon notification by the Postal Service, Landlord agreed suc , /�vlronmental Contamination to the extent required by Environmental Laws. Prior to perfor ny work, �� lork�,,�t seek and receive written approval by the Postal Service fii Contracting Officer 110 Landlord's c actor and scope of work, and such approval will not be unreasonably withheld. The foregoin i�withstandin, e Postal Service shall pay a portion of the costs of remediation of Environmental Contamin� 111tly by the negligence of the Postal Service. (ii) If non -friable ACM is subse4 ' wfound in or on the Property or the Building which reasonably should have been determined, identified, or k n to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense, an asbestos survey of the premises pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If friable ACM is subsequently found in or on the Property or the Building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees at Landlord's sole expense, to remove and/or abate the friable ACM. (iii) In performance of any work under this Clause, Landlord and Landlord's agents, contractors, and consultants ("Landlord's Agents") shall provide all information and data obtained, generated or learned as a result the work, including all verified lab data and all consultant reports, studies and analysis to Postal Service as soon as they become available, but no later than the 7 business days after receipt. In addition, if requested by Postal Service, Landlord and Landlord's Agents shall promptly make available to Postal Service access to all raw data, whether or not verified. Landlord also shall provide Postal Service with copies of all correspondence, information and documents submitted by or received by Landlord or Landlord's Agents from any third party or any governmental authority relating to the work promptly upon its receipt and/or submission by Landlord or Landlord's Agents. Postal Service shall be permitted to have representatives present during all work, and Landlord and Landlord's Agents 353 August 2017 Page 6 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 shall provide to Postal Service samples, copies of the results of on-site testing and visual inspections, and access at all reasonable times to all samples and tests taken or conducted. If non -friable ACM, whether disclosed by the Landlord prior to execution of this Lease or subsequently found in or on the Property after execution of this Lease, should become friable due to any cause other than the negligence of the Postal Service, the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM shall be performed by the Landlord at the Landlord's sole cost and expense. If ACM in or on the Pr rty or the Building was rendered friable due to the negligence of the Postal Service (including any such neglig�of the Postal Service under any prior lease or leases of the Premises), the Postal Service shall be liable for ,. 'moval, abatement, containment, repair, remediation, replacement or environmental response to such frig the Postal Service's sole cost and expense. The parties agree as follows: (1) neither of the followin/s icons the negligence of the Postal Service: (a) reasonable and ordinary wear and tear and (b) damag �� the elemenby circumstances over which the Postal Service has no control; (2) to the extent a failur the Postal Servic %� aintain the improvements containing ACM in accordance with the Postal ice's o ations under Maintenance Rider in the current or a prior lease of the Premises causes asbestos i M i ' ' Premises to become friable, such failure shall constitute the negligence of the Postal Service hereunder," ./ ostal Service shall be liable for the removal, abatement, containment, repair, remediatio li replacement nvironmental response to such friable ACM at the Postal Service's sole cost and expense; and (� �''�% extent a °e by the Landlord to maintain the improvements containing ACM in accordance with th j a'bliga under the Maintenance Rider in the current ora prior lease of the Premises causes ashes r ' in A ii, remises to become friable, such failure shall constitute the negligence of the Landlor hereun �, a Laa rd shall be liable for the removal, abatement, containment, repair, remedijacemel environmental response to such friable ACM at the Landlord's sole cost and expense. /%� J (iv) If the Landlord fails to remove,"� herw' '' 'accordance with Environmental Law, any friable asbestos materials or Environmental , ation, s to complete an AHERA asbestos survey and O&M plan with such diligence as ure i �mpletion within the time specified in Postal Service notice to Landlord (or any extension thereoant the sole discretion of the Postal Service), or fails to complete the work within said time, rovided in' Mai nce Rider, the Postal Service shall have the right to perform the work (by contract or rwise), and w� old the cost plus administrative costs and/or interest, from rent payments due or to become due become du�f nder this Lease (or from other amounts owed to Landlord by the Postal Service or federal gove �omp - on of the work by Postal Service shall not relieve Landlord of its responsibility to perform the' in j uture. In addition, the Postal Service may proportionally abate the rent for any period the premises, or an�N°% ereof, are determined by the Postal Service to have been rendered untenantable or unavailable to it reason of such condition. Alternatively, if Landlord fails to prosecute the work as required and the Postal Service Contracting Officer determines that the premises are untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law. e. Landlord Indemnification of Postal Service. Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from and against any and all claims, losses, damages, actions, causes of action, expenses, fees and/or liability resulting from, brought for, or on account of any violation of this Clause or in any way arising out of or connected to Environmental Contamination on the Property, except that Landlord shall not be required to indemnify the Postal Service for, and to the extent of, that portion of the Environmental Contamination caused directly by the negligence of the Postal Service. f. Rights to Contribution. Nothing stated herein is intended to limit the right of the Landlord or the Postal Service to make claims for contribution or cost recovery under applicable laws against each other or any other persons or entities responsible for such Environmental Contamination. 354 August 2017 Page 7 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location & DEFAULTS General Conditions to USPS Lease County: Lease: Q90000674655 a. Default by Postal Service. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by the Postal Service: (i) The failure by the Postal Service to make any payment of Rent or any o/"npayment required to be made by the Postal Service under this Lease, as and when due, where such f shall continue for a period of 30 days after Landlord notifies the Postal Service in writing of such failurj (ii) The failure by the Postal Service to observe or perform any of o�s of this Lease to be observed or performed by the Postal Service, other than the payment of s due he er, where such failure shall continue for a period of 30 days after written notice thereof fro ndlord to th tal Service; provided, however, that if the nature of the Postal Service's default is that more than 3�� Ys are reasonably required for its cure, then the Postal Service shall not be ed to /in default if t e Postal Service commences such cure within such 30 day period and th e er d) tly pursues such cure to completion. b. Default by Landlord; Remedies. The occurrence default and breach of this Lease by Landlord: (i) Lar, this Lease required to be observed or performed by of the Postal Service within 30 days after written noti( however, that if the nature of Landlord's defa It does Service's operations in the Premises (as '�% ,1, ly 30 days are reasonably required for it e, in Jf at commences such cure within such ays, the fte / % 1 such cure not later than 60 days fr /� e da representation or warranty made by L as fa( hereunder. In the event of a by L Lord, the shall have the right to an �� /20, j�of Ilowin provided at law or in e or elsewapp here/i a) t from the Rent next f 111"', due; due; (b) to ptPostal rtion Lely thereof, are reasonabl��rmined by Ser of any one or°*,12a of the following events shall constitute a ailure to ° Eve or perform any of the provisions of �111re su Eve is not cured to the full satisfaction '' ,1/ the �� vice to Landlord of said failure; provided, I ,�j mate Illy adverse impact upon the Postal et ed by the Postal Service) and is such that more than dlo hall not be deemed to be in default if Landlord dili% ly pursues such cure to completion, and completes ly pursues initial written notice to Landlord; or (ii) if any � any material respect when given or deemed given 'ostal Service, at its option, without further notice or demand, I remedies in addition to all other rights and remedies remedy such default or breach and deduct the costs thereof bate the Rent for any period the Premises, or any part lice to have been rendered untenantable, or unfit for use and occupancy, by reason of 941j detault W; reach; (c) to seeK money damages for loss arising trorn Landlord's tallure to discharge its o� th� ase; provided, however, that the Postal Service shall not seek or demand any consequential, punitive or damages arising from Landlord's default; and (d) to terminate the Lease. Nothing herein contained shall re ve Landlord from its obligations hereunder, nor shall this Section be construed to obligate the Postal Service to perform Landlord's repair obligations under this Lease. The notice and cure provisions in this Paragraph (b) are for general defaults by Landlord not otherwise expressly addressed in other sections of this Lease, and therefore, to the extent of any conflict between the provisions of other sections of this Lease and this Paragraph (b), the provisions of other sections of this Lease shall govern. c. Force Majeure. In the event that either party shall be delayed or hindered in or prevented from the performance of any covenant, agreement, work, service, or other act required under this Lease to be performed by such party (a "Required Act"), and such delay or hindrance is due to causes entirely beyond its control such as riots, insurrections, martial law, civil commotion, war, acts or threats of terrorism, fire, flood, earthquake, delays by governmental authorities or other casualty or acts of God (a "Force Majeure Event"), then the performance of such Required Act shall be excused for the period of delay, and the time period for performance of the Required Act shall be extended by the same number of days in the period of delay. For purposes of this Lease, the financial inability of Landlord or the Postal Service to perform any Required Act, including (without limitation) failure to obtain adequate or other financing, shall not be deemed to constitute a Force Majeure Event. A Force Majeure Event shall not be deemed to commence sooner than 15 days before the date on which the party who asserts some right, 355 August 2017 Page 8 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 defense or remedy arising from or based upon such Force Majeure Event gives written notice thereof to the other party hereto. If abnormal adverse weather conditions are the basis for a claim for an extension of time due to a Force Majeure Event, the written notice shall be accompanied by data substantiating (i) that the weather conditions were abnormal for the time and could not have been reasonably anticipated and (ii) that the weather conditions complained of had a significant adverse effect on the performance of a Required Act. To establish the extent of any delay to the performance of a Required Act due to abnormal adverse weather, parson will be made of the weather for the time of performance of the Required Act with the average of t receding ten (10) years climatic range based on the National Weather Service statistics for the nearest we reporting station to the Premises. No extension of time for or excuse for a delay in the performance of a R 're will be granted for rain, snow, wind, cold temperatures, flood or other natural phenomena of normal) sity fore' ocality where the Premises are located. 9. CLAIMS AND DISPUTES a. This Lease shall be governed by federal law, including but not"��o, the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109) (the "Act"). blauseept as provided in the Act, all disputes arisinge1dr� ng to',�Lease must be resolved under this eq c. "Claim," as used in this clause, meandemel 6r written assertion by one of the contracting parties seeking, as a matter of right, the pay of m y in a certain, the adjustment or interpretation of contract terms, or other relief arising under eating to % is Lease., wever, a written demand or written assertion by the Landlord seeking the payment of exc is not a claim under the Act until certified as required by subparagraph d below. A voucher, or of a ine request for payment that is not in dispute when submitted is not a claim and V Ct. ubmission may be converted to a claim under the Act by complying with the submission and qui'' nts of this clause, if it is disputed either as to liability or amount or is not acted upon in a re ,'able time. d. A claim by the LandWil ust be man writing and submitted to the Postal Service Contracting Officer for a written decision. A claim ?� e Postal tvice against the Landlord is subject to a written decision by the Postal Service Contracting Officer. a d claims exceeding $100,000, the Landlord must submit with the claim the following certification: % "I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the Postal Service Contracting Officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord -certified claims over $100,000, the Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The Postal Service Contracting Officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. Kms: August 2017 Page 9 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid fro 1. the date the Postal Service Contracting Officer receives the claim 2. the date payment otherwise would be due, if that date is later i. Simple interest on claims will be paid at a rate determined in a j. Landlord must proceed diligently with performance of this L claim, appeal, or action arising under this Lease, and comply Officer. ed nce with the certified if required); or 4'final resolution of any request for relief, ision of the Postal Service Contracting k. In the event of an alleged Postal Service default vV tal Se has vacated the Premises, Landlord shall in all events have an affirmative obligation to obk ano j ��;' t fo�the Premises at a fair market rental and to otherwise mitigate its damages. In no event shall th�� s ervl r Landlord be liable for any consequential, punitive, or special damages under this L '�'�� e part] ree that this restriction shall not apply to liquidated damages, if any, provided for in any w tter?ther ri,.or attachment to this Lease. 10. GENERAL a. Quiet Enjoyment. WitPostal Service may have by statute or common law, Landlord covenants and agrees thi at ostal Service is not in default under this Lease, and for so long as this Lease is in full for 'd effect,j, ostrvice shall lawfully and quietly hold, occupy and enjoy the Premises during they of this Leasm an�after Landlords delivery of the Premises to the Postal Service until the end of the term, w t disturbanc Landlord or by any person having title paramount to Landlord's title or by any person claiming bjough or ,ler Landlord. b. Exterior of Building. Land] 1 not place, or allow any other person or entity to place, any advertising, bas reliefs, murals or other decoratio on the exterior walls of the area in which the Premises is located nor shall Landlord place, or allow any other person or entity to place any additional landscaping or plantings in such area in excess of that landscaping or planting in existence at the commencement of this Lease. Nothing stated herein is intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this Lease as needed. c. Recording. Not Applicable d. Subordination, Non -Disturbance and Attornment Agreement. If there is now or will be a mortgage on the property which is or will be recorded prior to the Effective Date, the Landlord must notify the Postal Service of the facts concerning such mortgage. This Lease will be subject and subordinate to the lien of all existing mortgages or deeds to secure debt encumbering the property, provided that Landlord has obtained from such holder of any existing mortgage a Subordination, Non -Disturbance and Attornment Agreement in the form attached hereto. e. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 357 August 2017 Page 10 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 f. Interpretation. Section headings are not a part hereof and shall not be used to interpret the meaning of this Lease. This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. g. Incorporation of Prior Agreements; Amendments. This Lease contains % greements of the parties as of the date hereof with respect to any matter mentioned herein. No prior agreem ,i rrespondence or understanding pertaining to any such matter shall be effective to interpret or modify the,J sof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the mo is tion. LaA d specifically acknowledges that the Postal Service's employees at the Premises do not have a rlty to modifease or to waive the Postal Service's rights hereunder. h. Waivers. No waiver by the Postal Service or Landlord ofahw� vis' � ' ereof shall be deemed a waiver of any other provision hereof and no waiver of any breach hereunder b" Service or Landlord shall be deemed a waiver of any subsequent breach by the Postal Servi e or Landlor�� e same or any other provision. A party's 4 consent to or approval of any act shall not be deem der unne ry obtaining such party's consent to or approval of any subsequent act. No waiver shall be c�� sl is�' ruing, executed on behalf of Landlord or the Postal Service by the person to whom notices Alto i. Holding Over. If the Postal Service of the term, with or without the written with the exception that the Postal Sggq expiration or termination of the Le reasonable, discretion) of the leasehc lease extension, the rent p� parties for the new lease as rent for the new lease as exten terminate the Lease g the holdo) hereunder to Landlord. 'I re by the personal property therefrthe en Service. ��f�r osses"'� of the Premises or any part thereof after the expiration senti/ andlor"juch occupancy shall be on all the terms of this Lease will c ' Inue to �jeither the last rental rate in effect prior to the the �' jy(as determined by the Postal Service in its sole, but ever Is er. If the parties agree to and execute a new lease or a over period will be adjusted to reflect the rate negotiated by the iothe difference, if any, will be paid to Landlord along with the new or ited to the Postal Service, if applicable. The Postal Service may eriod upon 60 days' prior written notice to Landlord without any liability al Service to deliver keys to the Premises to Landlord or to remove its he Lease term shall not be construed as an act of holdover by the Postal j. Successors and Assigns. Su*ct to the provisions of this Lease, this Lease shall be binding upon and benefit the parties, their personal representatives, successors and assigns. k. Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonable prior written notice for the purpose of performing maintenance or repairs that are the responsibility of Landlord under this Lease. The Landlord's right of entry hereunder shall be exercisable only during normal business hours and only on the terms set forth below. All other access to the Premises, including but not limited to showing the property to potential buyers, and within 30 days of the end of the Lease term, showing the property to potential tenants, shall be at the sole discretion of the Postal Service. In the event of emergency requiring access after-hours, Landlord must call the Postal Inspection Service at 1-877-876-2455 Option 2 "Emergency" prior to entry. When entering or performing any repair or other work in the Premises, Landlord, its agents, employees and/or contractors (i) shall identify themselves to the Postal Service's personnel immediately upon entering the Premises, and must be accompanied by a Postal Service employee when not in public areas; and (ii) shall use commercially reasonable, good faith efforts not to materially or unreasonably affect, interrupt or interfere with the Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises. In the event of substantial, material or unreasonable interference, the Rent and other payments and 358 August 2017 Page 11 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 reimbursements due or to become due under this Lease all shall be equitably abated if the interference continues for more than 24 hours. In the event such interference shall continue for longer than 6 months, the Postal Service shall have the option to terminate this Lease or continue to operate with rent abatement until the interruption ceases. Notwithstanding the foregoing, in the event that, as a result of any substantial, material or unreasonable interference, the Postal Service is legally required to move any of its business operations, then Landlord shall reimburse the Postal Service for the actual reasonable costs incurred in con nec4dh, with such move. I. Calendar Days. All references herein to "days" shall mean calendar day��s specified to the contrary. m. Counterparts. This Lease may be executed in counterparts, whi/ t6"§ether s/ onstitute a single instrument. The parties agree that if the signature(s) of either Landlord or the P I Service on ��t1i ease or any amendments, addendums, assignments, or other records associated with this e is not an origin is a digitally encrypted signature, then such digitally encrypted signature shall be ash rceable lid and binag as, and the legal equivalent to, an authentic original wet signature penned man ��.by g, gnatory. n. Notices. Whenever a provision is made under this LeE where it is deemed desirable or necessary by either " to the other party, it shall be in writing and sent by (i) ii Mail Express (overnight), in each instance to the addr" advise the other from time to time. Notices to Postao name and location in such notices. Notic �'�hereur after the date of certified mailing or th / bu ss dad whether the addressee rejects, ref to sign, Jails to To Landlord at: With a copy To the Postal Service at: s for an / and, notice or declaration of any kind, or ive or s' any such notice, demand or declaration mail'' ified, postage prepaid or lu by Priority S � f��w or at such address as either party may sha' so include the identification of the facility shall be deemed to have been given three (3) days `er being sent by Priority Mail Express (regardless up such delivery). Contracting Officer 475 LEnfant Plaza SW Rm 6670, WASHINGTON, DC 20260-1862 With a copy to: Postmaster/Installation Head Anything in the foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising Landlord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to Landlord o. Prompt Payment Act. The provisions of the Prompt Payment Act, 31 U.S.C. § 3901 shall apply to all Postal Service payment obligations under this Lease, including any interest or penalties for late payments. 359 August 2017 Page 12 of 13 UNITEDSTIATES L. SERVICE. Facility Name/Location General Conditions to USPS Lease County: Lease: Q90000674655 p. Payment Offsets. As required by 31 U.S.C. 3716, the Postal Service participates in the Treasury Offset Program of the Department of Treasury's Financial Management Service. Payments owed to Landlord from the Postal Service under this Lease are subject to offset in whole or in part to for the Landlord's delinquent tax and non -tax debts owed to the United States and the states and for delinquent child support payments. q. Real Estate Conflict of Interest Certification. As condition to the effectiven of this Lease, Landlord shall complete and return the "Real Estate Conflict of Interest" form attached to thi ' ase at the time of Landlord's execution and delivery of this Lease. If Landlord's certification in such for / e, or Landlord breaches the certification and fails to notify the Postal Service Contracting Officer asj��de�rein, then the Postal Service may (i) withhold rent and all other payments and reimbursements unL dlord r� ies the misrepresentation or the Postal Service waives such conflict of interest, (ii) terminate th ease on a date, orth in the notice to Landlord without penalty, or (iii) exercise any other remedy it m ve for damages o ,,�,nctive relief. The Postal Service may exercise any or all of the foregoing remedie! F 11. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies the ° not and`"� of maintain or provide for its employees any segregated facilities at any of its establishments es no �� will not permit its employees to perform services at any location under its control whe��"egret ' ��ties are maintained. b. The Landlord will insert this clause in fO", is or �e 'ase orders under this Lease unless exempted by V11Secretary of Labor rules, regulations, 1 ders�ued un�. Executive Order 11246. 12. CLAUSES REQUIRED TO IM The following clauses are i the Postal Service's SugtP ENT 'j�„ '//XTUTES, OR EXECUTIVE ORDERS Clause 1-5, Gratuities��.fts (March 2') Clause 1-6, Contingent March 2 Clause 9-3, Davis Bacon Act rc 06)� Clause 9-7, Equal Opportunity,' 2006)2 Lease by reference. The text of incorporated terms may be found in Practices, accessible at � xn or by searching www.usl2s.com. Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9-14, Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (February 2010)4 Clause B-25, Advertising of Contract Awards (February 2013) Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." 1 For premises with net interior space in excess of 6,500 SF. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. 0.11f August 2017 Page 13 of 13 I"U"D RTES POSTAL . '`ICE Facility Name/Location Maintenance Rider Landlord Responsibility County: Lease: Q90000674655 R Landlord shall, except as otherwise specified herein and except for damage resulting from, and to the extent of, the negligence of the Postal Service agents or employees (which portion of the damage arising directly from Postal Service agent or employee negligence shall be the responsibility of the Postal Service), maintain the Premises, including the building and any and all equipment, fixtures, systems, common facilities and appurtenances (including but not limited to parking lots, driveways, sidewalks, t fencing), whether severable or non -severable, furnished by Landlord under this Lease, in good repair a nantable condition consistent with standards of comparable buildings and/or projects located in the vic' "of the Property. Landlord's duties under this Rider shall include repair and replacement, as necessary, �� ,es without limitation: a. Landlord is responsible for inspection, prevention and eradicZKi of vermin, biRd**j�sects, including, without limitation, termites and any other wood -eating insects and airs of any damrWesulting therefrom. b. Landlord is responsible to repair damages resulting from��i�� fid; acts of public enemy, riot or insurrection; and vandalism and damages resulting from fire her casualty (except to the extent such damages were caused due to the negligence Postal Se gents or employees in which case the Postal Service shall be responsible for the port��os..caus� ectly by its negligence). c. Any heating system and air conditioni g, quipme Lt , l fhed by Landlord must be properly sized for the facility, must be in good working o,, com I ement of the term, and must be maintained and, if necessary, replaced by Lai dlor r ensur at it re , ns in good working order and in proper operation such system and equipment ��be cape of coolf, the Premises to 68 degrees Fahrenheit (68°F) and heating the Premises to 78 d s F)m all enclosed portions of the Premises (excluding any rear vestibule) at all times. In I ch syste� nd equipment must provide heat to a minimum of 68 degrees Fahrenheit co to a maximum of 7$ degrees Fahrenheit (7$0F) in all enclosed portions of the Pre s� g a Mi'vicing r vestibule) at all times during the appropriate seasons. Landlord shall be responai for maintaI anof the heating system and air-conditioning equipment, including, refrlg t and filters p0anufacturers recommendation as required for proper operation of the equipment and lor-1, acing the SO,a at the end of its useful life or earlier. Regardless of whether Landlord is required by the Le ��rovide I for a heating system as set forth in the USE Rider, any investigative and remediation cost asso�i / release of fuel from the heating system, including any fuel tank, shall be the responsibility of the L�� d, unless, and to the extent that, the release is caused due to the negligence of the Postal Service agents or employees, in which event the Postal Service shall be responsible for a portion of the investigative and remediation costs associated with the release to the extent such release was due directly to the Postal Service's agents' or employees' negligence. d. Boilers (heating and hot water supply) and unfired pressure vessels provided by Landlord as part of the Premises shall be maintained and, if necessary, replaced by the Landlord in accordance with ASME Boiler and Pressure Vessel Code, Sections IV, VI, and VIII; National Fire Prevention Association (NFPA)-70, National Electric Code; and/or ASME Safety Code No. CSD -1, Controls and Safety Devises for Automatically Fired Boilers; ASME A18.1, Safety Standard for Platform Lifts and Chairlifts; NFPA-54, National Fuel Gas Code; and NFPA-31, Oil Burning Equipment Code, as applicable, or as required by local ordinances. Current safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority which has adopted the American National Standard Institute/American Society of Mechanical Engineers (ASME) Boiler and Vessel Code, must be provided by 0.11 August 2017 Page 1 of 4 I RTES POSTAL . '`ICE Facility Name/Location Maintenance Rider Landlord Responsibility County: Lease: Q90000674655 R Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. e. Any electrical/power system furnished by Landlord must be properly sized f ';the facility, must be in good working order at the commencement of the term, and must be maintaine necessary, replaced by Landlord to ensure that it remains in good working order and in proper ration. f. Whether public or private water or sewer systems are provided id systemj luding potable water) must be properly sized for the facility and be maintained in good w Kg order at all' s during the term and replaced by Landlord as necessary to ensure that the sa main in good work rder as aforesaid, including any inspections that may be required. g. Landlord shall paint all interior and exterior previously painted// � aces as follows: no later than six (6) months following the start of the Lease term, u fainted wl' w , 0 months prior to the Commencement %, Date, and at least once every five (5) years du "` Inuanc , he Lease term unless required more often because of damage from fire or other case . La iu eq Ired to apply only one coat of paint. If additional coats are required by the Postal Servi h sta ice will be responsible for cost of additional coats of paint, including an Cos j �dlord shall coordinate the painting schedule in advance with the Postal Service' ®site, ility m er. The Postal Service will be responsible for moving furniture and equipment away walls % equire vided that Landlord gives the Postal Service at least 60 days prior notice of the n o do s de",mat Landlord shall not conduct any type of painting (interior or exterior) during the ��d��°der 1 and ending January 30 during the Lease term. Any elevators, escfsad urr% 'ters provided by the Landlord as part of the Premises shall be maintained in g forking or rouat the term, and, if necessary to ensure that the same remain in good working and in prope eration, replaced by the Landlord in accordance with ASME A17.1, Safety Code fors, ors, Escala 's, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator Inspectors Manual; ASME Al 7. �fety Co I or Existing Elevators and Escalators; ASME A17.4, Emergency Evacuation Procedure�, I oars; and ASME A17.5, Elevator and Escalator Electrical Equipment. Landlord must ensure tha' ��'nt safety certificates for elevators, dumbwaiters and escalators are issued by an organization authorized t Inspect in accordance with the ANSI/ASME Code for Elevators, Dumbwaiters and Escalators or appropriate federal, state or municipal authority. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes. Any wiring, including, but not limited to, wiring for the Electronic Security and Surveillance Equipment (ESS), Closed Circuit Television (CCTV), Very Small Aperture Terminal (VSAT), Criminal Investigation System (CIS), Intrusion Detection System (IDS), etc., installed by Landlord shall be maintained, and if necessary, replaced by Landlord. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere with, the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors, satellite dishes, telephone handsets, and Point -of -Service (POS) equipment. j. Landlord is responsible for all utilities including all systems and structures and the components thereof which deliver such utility services to the Premises, including but not limited to base building plumbing, pipes, conduit, wiring, and related components located within the facility including, without limitation, behind walls, Otyl August 2017 Page 2 of 4 I"U"D RTES POSTAL . '`ICE Facility Name/Location Maintenance Rider Landlord Responsibility County: Lease: Q90000674655 R under floors and inside ceilings. This excludes additional systems and/or structures that were specifically installed by the Postal Service or its contractors for the Postal Service's particular furniture, fixtures, and equipment (FF&E) needs. 2. Notwithstanding anything herein to the contrary, the Postal Service shall, exc %for damage resulting from, and to the extent of, the negligence of Landlord, maintain the following items at remises if originally installed by the Postal Service: flag poles, dock lifts, roll -up customer service windo II -up doors, scissor lifts, electronic security systems, and lobby and back -door locks. The Postal Service' i clude repair and replacement, as necessary, and shall be fulfilled at such time and in such mann r ' he P�� , Service reasonably considers necessary to keep such items in proper condition during the Le �� rm. The La��d shall be responsible for the portion of maintenance, repair and replacement costs for age to such item �� lting directly from its negligence. / %/% g nce, repair, o'SRI cement arises under this Lease, Landlord 3. Whenever the Landlord's obligation for maintenance Landlord and submit photographs of the complet the time p� rovided in the Postal Service's notice to shall make all repairs promptly but in any event w 00 o i the Po ervice at the address designated in such notice provided by the Postal Service. If Lan d fad'' Ice s` repairs within the time period set forth in the Postal Service's notice to Landlord (except w th wire more time than as provided in the Postal Service's notice to Landlord and or� �� d pro another time period for completion acceptable to the Postal Service), the Postal Service �� rm th`, aintenance, repair, or replacement (by contract or otherwise) and recover the cost d st and/or interest, from the Landlord and from Rent and other payments and reimby ' ments d F bec e due to Landlord, or (ii) terminate the Lease on a /,,,°% date specified by the Postal Se � t 'ord. Notwithstanding the foregoing, in the event of an emergency (as reasonably determig, the Postal ervice), the Postal Service may give Landlord such shorter notice as is praer rcumstances, including by telephone, and if Landlord fails to make such repairs immedi �� ,theq(� Ser - ay immediately perform the maintenance, repair, or replacement na (by contract or otse) and rec41''the' plus any administrative cost and/or interest, from Landlord and , from Rent and oth / ments and bursements due or to become due to Landlord. The Postal Service may abate Rent and all o' ayments or to become due under this Lease for any period the Postal Service reasonably determines", n of the Premises, any common areas of the Property providing access to the Premises, or parkin �i a untenantable or unfit for the Postal Service's use. The remedies provided in this section are non-exclu r nd are in addition to any remedies available to the Postal Service under applicable law. 4. In performing the maintenance, repair and/or replacement obligations under this Lease, Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with section (a) above; and 0 -IN August 2017 Page 3 of 4 I"U"D RTES POSTAL . '`ICE Facility Name/Location Maintenance Rider Landlord Responsibility County: Lease: Q90000674655 c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this Lease; (2) Postal Service employees; and (3) the public. R Landlord must include this clause in all contracts hereunder and requi °1 sion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any contract t st be��med to refer to the contractor. Ott, I August 2017 Page 4 of 4 UNITEDSTIATES L. SERVICE. Facility Name/Location Assessor's Parcel Number: a. Definitions Tax Rider Percentage Reimbursement of Paid Taxes Ad Valorem means according to the value of the property. County: Lease: Q90000674655 R Property Tax Rate is an amount expressed as dollars and cents per , f1' 1,11"JM/,%6A1r, or per $1,000.00 of assessed value or as mills per $1.00 of assessed value as set by authorities < axtions, which is applied to the value of the land, improvements on the land, or both, to determ''some kineal Property Taxes. Real Property Taxes, as used in this clause, shall mean thos % es, includin11 em taxes, special assessments, fees and charges, that are assessed again s or all axable real ��erty appearing on the assessment roll or list in a taxing authority's jurisdiction that ar ��'ntified by a taxing authority for the support of government activities within its jurisdiction, whe� s tivities are general or specifically identified. Real Property Taxes also include administrative c or fees imposed by a taxing authority, including those for the support of its assessme d collectiori�� hies and any future taxes or charges imposed upon Landlord or assessed against th�� hich af�,�i�the nature of or in substitution for real including an tax levied on or mea d a estate taxes, In g y ��,� ��,��my b. Landlord agrees to pay all taxes of any"nclud levied on the Premises. ML Taxes, and fees of every kind and nature �V,1 �� c. The Postal Service will reimburs ndlord Tenant hare) of the total paid Real Property Taxes in accordance with this Tax Rider. Te�� S i�rmined by a fraction, the numerator of which is the square feet of floor area in the premis� ' he denominator of which is the square feet of floor area of all building or buildings in the Propert�� a c��ed from time to time. Tenant's Share was computed as follows: ENTER CALCULATI 1. Landlord may si/ f not more t�' one request for reimbursement in any calendar year, irrespective of the number of taxing autI s incl; and reimbursement will be made not more than one time annually by the Postal Service. 2. No reimbursement will b1 de for fines, penalties, interest or costs imposed for late payment. 3. Reimbursement will be made only for net paid taxes, less Tenant's Share of the maximum discount allowed by the taxing authority for prompt or early payment, regardless of whether Landlord actually received any such discount. 4. Reimbursement will be made only for taxes levied for periods of time within the term of this Lease in accordance with the provisions of this Lease. 5. In order to qualify for reimbursement, the tax bill as issued by the taxing authority must include the Premises. 6. Landlord must provide copies of the front and back of the complete tax bill issued by the taxing authority, along with satisfactory proof of payment. Satisfactory proof of payment shall be (i) a receipt for payment shown on the face of the tax bill, (ii) a copy of the front and back of the canceled payment check, (iii) a statement from a lender verifying payment of the tax, or (iv) other documentation reasonably satisfactory to the Postal Service. 7. Incomplete or improper requests for reimbursement will be returned to Landlord without payment. 8. Landlord must include the city, state, and the Postal Service facility ID # as set forth in the header on this Lease on the request for reimbursement. K�� August 2017 Page 1 of 3 UNITEDSTIATES L. SERVICE. Facility Name/Location Tax Rider Percentage Reimbursement of Paid Taxes County: Lease: Q90000674655 R 9. Landlord agrees to submit a request for reimbursement of taxes within 18 months after the date of payment by Landlord. In the event Landlord fails to submit its request for reimbursement within that time period, the Postal Service is not required to reimburse paid taxes. d. The Landlord must promptly furnish to the Postal Service copies of all notices that may affect the valuation of the Premises for Real Property Tax purposes or that may affect the levy or assess of Real Property Taxes thereon. If Landlord does not timely furnish such notices relating to valuation i ges or the levy or assessment of taxes or fails after being requested in writing by the Postal Service to mee al prerequisite for appeal, and as a result the Postal Service loses the abilityto exercise its right, as state to contest the validity or the 9 stated amount of the taxes, then the Postal Service shall be responsible to r/ rrf urs e L�''d for only 75% of Tenant's Share of the reimbursable taxes due for the year involved. All note Fequired und� paragraph must be delivered within 10 days from the receipt thereof by Landlord in rdance with the dy methods of Section 10(n) of the General Conditions to USPS Lease but to the fol, l , W g addrg4; Contracting Officer 475 LEnfant Plaza SW Rm 6670 WASHINGTON, DC 20260-1862 e. The Postal Service may contest the validity oft io "' , , roperty Tax purposes or of any levy or assessment of any Real Property Taxes by ropriat °�o ings�er in the name of the Postal Service or of the Landlord or in the names of both. No�" ��°' ding a ntest of valuation, Property Tax Rate, levy or assessment, Landlord must pay unde test t Real P ° erty Taxes involved when requested to do so by the i Postal Service. The Landlord, upon sonable� Mice and`, uest by the Postal Service, must join in any proceedings, must cooperate with ® ostal y pleadings pro III st execute and file an documents or leadin s as the Postal Service may require for such g, p he Landlord is reasonably satisfied that the facts and data contained therein are �i La rd will not be responsible for the payment of expenses, penalties, costs, and legal expenses in co '� ' an � st ora appeal proceedings brought b the Postal Service, and the 9 p �j,r Y��i, pP P 9 9 Y Postal Service will rei se the La �� d fo such expenses, penalties, costs, and legal expenses actually and reasonably paid/andlord. Lan d here authorizes the Postal Service as its agent to represent its interest in any appeal ��,test proceeg authorized under this paragraph. f. Landlord shall promptly of jhe al Service of any appeal or other action it takes or initiates to adjust any valuation of the property, Prop �� Rate, or levy or assessment of Real Property Taxes. The Postal Service will not be responsible for the payme of expenses, penalties, costs, and legal expenses in connection with any protest or appeal proceedings brought by Landlord, but shall be entitled to Tenant's Share of any and all monies obtained through such actions or any other refunds or remissions of Real Property Taxes paid in any year subsequent to the commencement of the Lease. If any such refunded or remitted monies are paid or delivered to Landlord, Landlord must immediately forward Tenant's Share to the Postal Service. If Landlord is informed that he is entitled to a refund or remission of monies paid as Real Property Taxes upon the submission of an application, Landlord will promptly make and file such application, and upon receipt of such refund or remission, immediately forward it to the Postal Service. The Postal Service reserves the right to offset Tenant's Share of refund and remission payments not so obtained or forwarded, against Rent or other payments due the Landlord. g. The Postal Service is entitled to the benefits of all tax exemptions or abatements authorized by law or regulation that may be available with respect to the Premises. Landlord shall take all necessary steps to obtain such exemptions or abatements. The Postal Service reserves the right to offset against Rent or other payments due the Landlord the amount or value of any abatement or exemption that would have been available if Landlord had properly applied for it, and any amount for which the Postal Service is not to be responsible under paragraph (d), above. 0.1 August 2017 Page 2 of 3 UNITEDSTIATES L. SERVICE. Facility Name/Location Tax Rider Percentage Reimbursement of Paid Taxes County: Lease: Q90000674655 h. Nothing herein contained shall operate to waive or deprive the Postal Service of any rights, privileges or immunities it enjoys under law. R i. In the event that the site is enlarged or decreased, or the Building is altered in any way that may affect the assessment value of the total Property, the percentage shown in paragraph c. above, shall be recomputed to reflect the correct proportion of the value of the Premises to the relative value of the to*lProperty. Of August 2017 Page 3 of 3 I"U"D RTES POSTAL . '`ICE Facility Name/Location 1. HEAT Utilities, Service, & Equipment Rider County: Lease: Q90000674655 Landlord must furnish a heating system in good working order at the commencement of the Lease term. The Postal Service pays all recurring fuel charges, provided such charges are separately me red, at Landlord's expense, for the Postal Service's consumption. 2. AIR CONDITIONING Landlord must furnish air conditioning equipment in good working or ° at the corn° , cement of the Lease term. The Postal Service pays all recurring power charges for the air co oning equip '; ovided such charges are separately metered, at Landlord's expense, for the Postal Servj 'consu ption.� 3. ELECTRICITY / Landlord must furnish and maintain an electrical syspin accorda"� , ith the Maintenance Rider. The Postal Service will pay all recurring electric bills, provided s , safe s�� tely metered, at Landlord's expense, for the Postal Service's consumption.�j/j,�� 4. LIGHT Landlord must provide light fixtures i the light fixtures remain in good w 010 replacement of light bulbs. 5. WATER Landlord must furnisl order, in accordance1410, such charges are sepa 6. SEWER maintain, repair and replace the same to ensure that .ease term. Landlord is not responsible for ne§%�roughout the Lease term a potable water system in good working Rider. The Postal Service pays for all recurring water charges, provided indlord's expense, for the Postal Service's consumption. Landlord must furnish and maintain at all times throughout the Lease term a sewer system in good working order, in accordance with the Maintenance Rider. The Postal Service pays for all recurring sewer charges, provided such charges are separately metered, at Landlord's expense, for the Postal Service's use. 7. TRASH Landlord agrees to furnish and pay for all trash removal for the Premises. Landlord may, however, include charges and fees associated with trash removal in the CAM Costs, and the Postal Service will reimburse the same in accordance with the CAM Rider attached to this Lease. %111 ki 161TA Landlord agrees to furnish and pay for the timely (but in no event later than as required by local law) removal of snow and ice from the roof and the sidewalks, driveway, parking and maneuvering areas, and any other areas providing access to the Premises for use by the Postal Service's employees, contractors, or the public (including, but not limited to, stairs, handicap access ramps, carrier ramps, etc.). .: August 2017 Page 1 of 2 I"U"D RTES POSTAL . '`ICE Facility Name/Location 9. CUSTODIAL SERVICES Utilities, Service, & Equipment Rider County: Lease: Q90000674655 The Postal Service agrees to furnish and pay for all custodial services for the Premises. 369 August 2017 Page 2 of 2 ITE° SES L. SERVICE. Facility Name/Location Subordination, Non -Disturbance and Attornment Agreement County: Lease: Q90000674655 THIS SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT (this "Agreement"), dated this day of , 20 between the UNITED STATES POSTAL SERVICE, an independent establishment of the Executive Branch of the Postal Service") and business at RECITALS: A. The Postal Service is the tenant under that certain ("Landlord dated as thereto are] hereinafter referred to as the "Lease"), Schedule A attached hereto and mad (th��/,/�, roperty"). of the United States ("the its principal place of between the Postal Service and [as amended by ([the lease and all amendments n of property legally described in B. Mgortgagee has made a*jj(the " mrd which i� secured, in part, by lien of a mortgage and an assi nment of leases and rer l�d'delivered b Landlord to Mortgagee encumberingthe Property (collectively, the "M,� c e"). 0 NOW, THEREF 1=, in consideration, the re and sl ie covenants contained herein and other good and valuable is hereby acknowledged, the parties agree as follows: 1. Subordination.ITF Lease a all terms thereof, including, without limitation, any options to purchase, rights of first refusal, and a� ' filar s, are and shall be subject and subordinate to the lien of the Mortgage, and to all amendments, modi� eplacements and extensions thereof, to the full extent of the principal, interest, fees, expenses and all r amounts secured thereby. 2. Non -Disturbance. In the event of a foreclosure of the Mortgage, provided that at the time of the commencement of any such action or proceeding the Postal Service shall not be in default under any of the terms of the Lease beyond the expiration of any applicable notice or grace periods, Mortgagee agrees for itself and its successor and assigns that it will not join the Postal Service in summary or foreclosure proceedings unless applicable law requires Mortgagee to join all commercial occupants of the Property in such proceedings and then such joinder shall be for notice purposes only and that the leasehold interest of the Postal Service under the Lease shall not be extinguished or terminated by reason of such foreclosure, but rather the Lease shall continue in full force and effect and Mortgagee shall recognize and accept the Postal Service as tenant under the Lease subject to the terms and provision of the Lease. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity or as a consent or agreement by the Postal Service to subject itself to the jurisdiction of any state or local governmental entity or court of law. 3. Attornment. Upon the conveyance of the Property by reason of the foreclosure of the Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise, the Lease shall not be terminated or affected thereby as provided in this Agreement, and the Ppstpl,Service agrees to attorn to the transferee of the 370 August 2017 Page 1 of 5 ITE° SES L. SERVICE. Facility Name/Location Subordination, Non -Disturbance and Attornment Agreement County: Lease: Q90000674655 Property (the "Transferee") as the landlord under the Lease and the Transferee shall accept such attornment; provided, however, if requested by Transferee, the Postal Service shall execute a new lease with the Transferee, for a term equal to the remaining term of the Lease and otherwise containing the same provisions and covenants and in form acceptable to the Postal Service. 4. Notice to Mortgagee. Prior to terminating the Lease due to a default ndlord thereunder, the Postal Service agrees to notify Mortgagee of such default in writing and give Mortga he opportunity to cure such default within thirty (30) days of Mortgagee's receipt of such notice, or if su ault cannot reasonably be cured within such thirty (30) day period, Mortgagee shall have such longer tim�� m�' necessary to cure the default provided that Mortgagee commences the cure within such period and i eptly ps the cure thereafter, but not to exceed sixty (60) days after Mortgagee's receipt of the notice. 5. Notices. All notices or other written communication 'reunder all be deeml to have been properly given if delivered in accordance with the delivery methods un e L ' , addressed to the Postal Service at the is addressed identified in the Lease and addressed to Mortgagee dress identified above. 6. Successors and Assigns. This Agreement a binding`� and inure to the benefit of the respective heirs, personal representatives, successors and assi�s ��/��ies 7. No Oral Modifications. This Agreement can`i///rnKed 6ft" writing duly executed by both parties. 8. Choice of Law. This greer2rill °"s a gover , an interpretedin accordance with Federal Law, however if there is no applicable Fe : aw ththe law l e state where the Premises are located shall be applied. Venue shall lie only in the eral c!//' 9. Duplicated Origina,,, Bunte s. This Agreement may be executed in any number of duplicate originals and each duplic all6 /emed to be an original. This Agreement may be executed in several counterparts, each of counter r sh f� deemed an original instrument and all of which together shall constitute a single A ment. The fa� of aparty hereto to execute this Agreement, or any counterpart hereof, shall not relieve the ot�� ignatories fr� their obligations hereunder. [Signature Page Follows] 371 August 2017 Page 2 of 5 ITE° SES L. SERVICE. Facility Name/Location Subordination, Non -Disturbance and Attornment Agreement County: Lease: Q90000674655 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first above written. MORTGAGEE: BY NAI\ TITL Subscribed and Sworn to before me, a notar ublic, of th / /////' ice Notary Public My commission expi POSTAL SERVICE: UNITED STATES POSTAL SERVICE ■31 NAME TITLE y of August 2017 Page 3 of 5 County, State 372 ITE° SES L. SERVICE. Facility Name/Location Subordination, Non -Disturbance and Attornment Agreement Subscribed and Sworn to before me, a notary public, in and for of Notary Public My commission expi this County: Lease: Q90000674655 day of August 2017 Page 4 of 5 County, State 373 ITE° SES Subordination, Non-Disturbance and Attornment SERVIC& Agreement Facility Name/Location County: Lease: Q90000674655 Provide Floorplan August 2017 SCHEDULE A (to SNDA) Page 5 of 5 374 I"U"D RTES POSTAL . '`ICE Renewal Option Rider (Market Value) Facility Name/Location County: Lease: Q90000674655 The Postal Service may exercise an option to renew this Lease pursuant to Paragraph 4, and given that the Lease does not designate a specific rental rate; the parties shall determine the appropriate, market value rent for that renewal term as follows: 1. Not less than 12 months prior to the expiration of the then current lease ter'' Postal Service shall give written notice to Landlord advising Landlord of the Postal Service's opinion / ; appropriate market value rent of the Premises, which shall be stated as a flat annual rate for the durationewal option period. This opinion shall be based on an appraisal procured by the Postal Service at its sol st a� rformed by a "Qualified Appraiser (as defined herein) prepared in accordance with the profe nal appral�� andards and practices as outlined in the Uniform Appraisal Standards for Federal Land Ac ions, Financial utions Reform, Recovery and Enforcement Act (FIRREA) of 1989 and current version of niform Standards o tofessional Appraisal Practice (USPAP), as applicable (as applicable, each an "Ap �� al Sta'd"). If certain approaches or requirements outlined in the applicable Appraisal Standard are` j p ble to the subject assignment, such appraisal report must identify that approach or requirement, toge��j Ith a brief explanation for its omission. Upon request, a copy of the appraisals summary page/trap ttal letters ��e provided to Landlord. A Qualified Appraiser' is an individual who holds a Certified Ge �� ser lice " ' %'n the state or territorywhere the subject PP �� 1 property is located and currently holds an MAI desigrr� n ��pr al Institute. 2. If Landlord disagrees with the written no om theme 'Service advising Landlord of the Postal Service's � Pre s, then Landlord shall at its sole cost within 30 da opinion of the appropriate market value � t �� s y following receipt of such written notic m the stal Seje, procure an appraisal by a Qualified Appraiser prepared in accordance with the a able Ap I Stan �d. A copy of the appraisals summary shall be rv, provided to the Postal Service. If La �i(��d f, r „ /fin appraisal summary as specified herein, then the renewal term rent shall be the market �� ent established by the Postal Service's appraisal in which event, the Postal Service shall then 5 r enewal option at such rent. 3. If Landlord's appra) Fsummary ar t is VWin 10% of the Postal Service's appraisal summary amount, then the renewal term ren tr�Ibe the anth � 'tic average of the two appraisal summaries. The Postal Service shall then timely exercise the reneion. If th `ifference between the two appraisal summaries is greater than 10%, Landlord and Postal Serv�j9 all att t to agree in writing on the market value rent during the 30 day period following delivery of the I an�L��' , raisaI summary to the Postal Service (the "final negotiation period"). If the parties reach agreement on the � et value rent, the Postal Service shall timely exercise the renewal option. If the parties are unable to reach agreement during the final negotiation period, then Landlord shall provide the Postal Service with a list of three Qualified Appraisers within 10 days after request from the Postal Service. The Postal Service shall select one appraiser from this list to perform an appraisal review (or, if Landlord fails to provide a list, the Postal Service shall select an appraiser) (the "Third Appraiser"). Within 30 days, the Third Appraiser shall review both full narrative appraisal reports, establish an appropriate annual market value rent for the renewal term and forward copies of the completed appraisal review to the Postal Service and Landlord. The Postal Service then may, but shall not be obligated to, timely exercise the renewal option. If the Postal Service elects to exercise the renewal option, the rent shall be established at 95% of the annual rental amount determined by the Third Appraiser for the renewal term of the Lease. 4. Landlord and Postal Service shall share equally the cost of the Third Appraiser, as follows. The Postal Service shall contract for the Third Appraiser using its standard Contract for Real Estate Services. Landlord shall reimburse the Postal Service 50% of the cost of the Third Appraiser within 60 days of presentation of the Third Appraiser's invoice(s). If Landlord fails to pay this 50% share within said time period, the Postal Service may deduct that amount from the following month's rent without further notice to Landlord. 375 August 2017 Page 1 of 2 I"U"D RTES POSTAL . '`ICE Facility Name/Location Renewal Option Rider (Market Value) County: Lease: Q90000674655 5. If the parties have not completed the appraisal/market value rent determination process and the date for the Postal Service to exercise the renewal option is approaching, the Postal Service shall timely exercise the renewal option at the Postal Service appraiser's market value rent figure (pursuant to paragraph 1 above) and shall not be considered a holdover tenant; provided that if the parties fail to complete the appraisal/market value rent determination process prior to the date for the Postal Service to exercise the renewal option due to the failure of the Postal Service to begin the rent determination process within the time frame set ft in paragraph 1 above, then if the Postal Service elects to exercise the renewal option, the rent for that ren e period shall be the Landlord's appraiser's market value rent figure (unless Landlord did not timely procur% praiser's market value determination, in which event the Postal Service appraiser's market vale n � ,e shall apply). Once the renewal terms appropriate market value rent has been determined as noted o the P��Service will either pay to Landlord any incremental rental increase for this interim period or �ct any incre�I rental decrease for this interim period from rent or other payments due to Landlord under Lease. OOj�, W August 2017 Page 2 of 2 ATTACHMENT "D" PROPOSAL CHECKLIST This checklist is provided as an abbreviated reference to Paragraph 10, Proposal Submission Requirements. This checklist is NOT intended to replace the requirements of Paragraph 10: A. Provide a general written statement describing the qualifications and background of the proposer including any financial (equity) partner. B. Provide a completed Attachment "E", Proposer(s) I , 'mation. i C. Provide a certificate of good standing from tf !ecr �j��of State of Florida and the state in which the corporation is headquarter�0�f not Flo ri,'�111�i1,. D. Provide an acknowledgement letttesxzr� Oat the proposer has read and understands all procedures and requirement�jRFQ. E.Provide a list of proposer's nnel tha be directly involved in proposed tea%�, wit ' eir professional qualifications, Project's development or managem p q , and a list of similar projects on which �aparticipated. Provide no less than o% three and no more than w�il/d ed PI I s for this item. F. Provide a en list rots developed by the proposer, or companies controlled by its prin�� pro��s team that were completed within the last ten (10) years, '�� ph raphs, addresses, dates the projects were completed, and neral V ger debion. G.��id a brief file for each member of the development team other than the ,I proposing loper ell as the resumes of the key personnel who would be assigned to the Project. ��/j/ H. Provide whether the proposed Project is confined to the property offered by the BBCRA or if it utilizes adjacent property. If the latter, specify the location, size, use, level of control/commitment of such adjacent property to be included in the proposer's Project and provide documentation evidencing site control or contractual commitment. I. Provide a Construction Staging and Sequencing Plan including nature and timing of on- and off-site impacts. 97 OF 110 377 J. Provide a detailed description of the proposed Project, with text, tabulations and graphics. K. Provide a proforma financial analysis including a development budget with a detailed breakdown of all Project pre -development costs, other soft and financing costs, property acquisition from the BBCRA (and others if additional properties are included in the Proposal), construction and other hard costs and post -construction period sales or other development costs, a sources and uses statement clearly identifying the sources and amounts and terms of all of the proposed debt and equity funding sources to pay for the Project. A proposer may submit the requested breakdown frmation under a format of their own choosing but must also complete the Pro roject Funding Uses and Sources Information form provided as Attachment "F L. Provide a list of entities and demonstrate '' erience witfl��ining such project - based subsidies for workforce housing by lis ' projects and the 16 and type of subsidy utilized or other information that w 'supp'roposer's ability to secure such financing, if the Project is proposed to use f bsidies from the BBCRA or other qualified entities. M. Provide a description of how qualified contractors, and -contra as pre -apprenticeship t� ticesh required as part of rojectnitori N. Provide proo' capability�� stater of the p creat�hich includ project e � ; year in parent enol ropy M make attempts to utilize local o#fid labbfers in the proposed Project as well raining. Documentation of this effort will be I/Vtncial capdVility to complete the proposed Project. Financial oni ed by submitting a current (audited, if available) financial .%in uj, 't or underlying entity if proposing entity was recent) g �� Y, Y� g Y p p g Y Y A balance sheet, a three-year statement of past income, and a e statement for the current fiscal year for the proposer (and its rr is a subsidiary). Provide a signed written statement of intent to purchase the Project Site indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. Provide authorization to perform credit checks for each proposer or business entity. The authorization must be executed by the appropriate officer of proposer entity (see Attachment "G, GJ." Disclosure and Authorization to Perform Credit Check forms). 98 OF 110 378 CL Provide a list of all dv|| and criminal legal actions in which each proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years. If there are none, provide a written statement to this fact. R. Provide astatement astowhether the proposer isinarrears ofany taxes orother financial obligations to the B8CRA, City, or any other municipal or state entities. If there are none, provide a written statement to this fact. S. Provide a PowerPoint presentation of the proposal, consisting of no more than fifteen /15\slides. with maximum Ofthree /3\slides dedicate pnDpOse/3past history and experience infOrnnaiiOn. T. Provide executed form verifying that the pr Beach Planning and Development Department Regulation requirements and development r W' being proposed (see Attachment "H," City ynti Department Meeting Verification Form). UProvide U other attachments that which require info"..... tion V. Provide understands all pr, u res a requir 8in )*�r ha' i t with City of Boynton401 To/ to review ' P/, and Development processes appli *40de to the Project �////14/0/16ch Planning apnd Development � this RFP/RFQ, including all rattesting that the proposer has read and !nts of this RFP/RFQ (see Attachment "ll," 0Q[>F11O 379 Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No.: Email Address ofContact Person: ATTACHMENT "E" PROPOSER(S) INFORMATION Fax No.: Ownership Status '|3the company currently for sale or I I ved in any tr� '61"R."ption to expand or to be acquired by another business entity? If yes, pl ex I the impact the organization and management efforts. Age of Organization — In continuous busin Leadership ' List Corporate Officers, Phnoio titles and addresses. |f8pUb|iC| nnp8 Federal |dentihr��nNO.: State of Incorporatio" tration No.: If not a corporation, explain your status: WP7tak, wners of your Organization with 'ovCh Chairman of the Board, CEO, and President: 1OO{>F11U 380 ATTACHMENT "F" PROPOSED PROJECT FUNDING USES AND SOURCES INFORMATION Project Uses and Sources Land Costs $ - Soft Costs $ Outside Capital ,for Equ; 0./ $ - Mortgage or Finance, ount Construction Costs Amount of BBCRA contribution requested, if Carrying Cost/Financing Costs $ - Other funding as identified $ - Funding Total $ - Marketing and Sales Costs - %O Permit and Impact Fee Costs Developer Overhead and Profit/ii��,-. - Co $ InI Capital Stack 'oper Proposer/D„ Equity Outside Capital ,for Equ; 0./ $ - Mortgage or Finance, ount $ Amount of BBCRA contribution requested, if any $ - Other funding as identified $ - Funding Total $ - 101 OF 110 381 ATTACHMENT "G" DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK For Principal/Owner: (Please use a separate form for each principal/owner) As Principal/Owner of proposer, I (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into my credit worthiness. Such consent and authorization is given with respect to any and all persons who may conduct an ' stigation of my credit worthiness on behalf of the BBCRA, including independent co rs and credit agencies retained by the BBCRA for such purpose. i��/ice,.. Any information provided to the BBCRA is a public rec ubject to t IfOr visions of Ch. 119 F.S., and I may request a copy of any information pro d to the BBCRA as*t of the BBCRA's investigation into my credit worthiness. I rant such consent and authorization to t BBCRA for" eriod commencingas of the date g pj/ ected by the BBCRA Board. of this authorization and terminating at U. go osal`" � %ate / I hereby waive any and all claims, reason of any credit investigat*, to the BBCRA. AA, Proposer Name: /////////// Principal/Owner Date of Birth Current Home A s: Previous Home Address: esent r '4 bre, vv`Kch I may have against the BBCRA by pursu , ,,to my consent and authorization herein given Email: Telephone No.: Signature: Print Name: Date: 102 OF 110 382 ATTACHMENT "G.i." AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business Entity): The proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the proposer's credit worthiness on behalf of the BBCRA, includingi� endent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subjoto t'fff� ovisions of Ch. 119 F.S. proposer grants such consent and authorization to th RA for the per' commencing as of the date of this authorization and terminating at t �me a P osal is sele�ged by the BBCRA Board. This proposer hereby waives any and all c have against the BBCRA by reason of ai consent and authorization herein given to An authorization to Perform C I It ChITYP will by the Business. Proposer (Business) e (D/I�/ �f applicable): ��/e//////O//j//////i,, // Current Busines Federal Tax ID#: Telephone No.: Authorized Signature: Print Name: st pres'mm r future, which the proposer may Yq§tiga made pursuant to proposer's to be completed by each Principal/Owner and State of Incorporation: Fax No.: Date: Title: 103 OF 110 383 ATTACHMENT "H" CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT DEPARTMENT MEETING VERIFICATION FORM Proposer(s): has(have) met with the City's Planning & Development Department to review the development that will be proposed at 401, 407 & 411 E. Boynton Beach Boulevard consisting of the following addresses and Property Control Number(s): Attachment "A" Aerial Map/Parcel Map (check all applicable) ❑ BBCRA-owned Parcels /erty Control Numbers 401 E. Boynton Beach 0 8434521180000060 407 E. Boynton Beach Boulevard 00///////� L U64345211Ei0tD00051 411 E. Boynton Beach Boulevard 4521180000040 General Summary of Proposed Mixed -Use Develop (check all applica ❑ Approximate Gross Area of Non-residential/merc ��t �(lses s.f. ❑ Approximate Total Number Market Rate Res i its ❑ Total # Rental Units 410 El To � � For Sale/Condo Units 11 Approximate Total Number of Wor i ❑� sing Urfl ❑ Total # Rental Units f %, F"Sale/Condo Units ❑ Other Uses Approximate Overall Height /O/i, eetp p A roximate Number of Stories Approximate Total Parking f es (ind ing ad Onal Public Parking Spaces) Pre-development/Entitleme ❑ Future Lar R nd ❑ Rezoni �� ❑ Cond al Use for _ j�❑ Site Plar�� royal ❑ Replat ❑ Other City of Boynton Beach Planning & Development Dept. Staff Name/Signature: tions (tWeck all applicable): Date: 104 OF 110 384 ATTACHMENT "I" ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE Re: Boynton Beach Community Redevelopment Agency Request for Proposal/Request for Qualifications (RFP/RFQ) clat To Whom It May Concern: " %sal/Request for Or The undersigned has read the Boynton Beach CRA (BB Request ford Qualifications (RFP/RFQ) for the United States PoV,� Servicv, Boynton �/' ch Downtown Station Project dated July 28, 2023. On behalf of sery ified below and our proposal nd c team, we agree to and accept the terms, specific limi 10onditions expressed therein. We have read, rely upon, acknowledge and;; ept the BB disclosure and disclaimer, which is fully incorporated by reference into thl d cer at all of the requirements as described in the RFP/RFQ are met and all r tire is e enclosed. I/ //, �" We further certifthat all info in this proposal, and all of the information y reserouff furnished in support of the osa 1, rue ani omplete to the best of our knowledge and belief, and we are awa f the t m ng false statements or presenting false information that results In Cal e "Penalized to the maximum extent allowed by law. Sincerely, / O //// Name of Proposer Print Name and Title Authorized Signature Date 105 OF 110 385 ATTACHMENT "J" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications I Service Bovnton Beach d and in ect g date received. RFP/RFQ INFORM Sb�I� I N ED FROM: ❑ BCR BCity Hall 0 Other, please specify: te ape BCR *d Authorized Signature Print Name Title 106 OF 110 386 By entering checking YES or NO in the space p No. 1F-1 Yes ❑ No Date No. 2F -I Yes F-] No Date No. 3F -I Yes F-] No No. 4F -I Yes ❑ No No. 50 Yes ❑ IN oDa, d and in ect g date received. RFP/RFQ INFORM Sb�I� I N ED FROM: ❑ BCR BCity Hall 0 Other, please specify: te ape BCR *d Authorized Signature Print Name Title 106 OF 110 386 ATTACHMENT "K" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perfo ' work as a contractor, supplier, subcontractor or consultant under a contract with any pu ntity; or transact business with any public entity in excess of the threshold amount pro, I�' Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) the ing the date of being placed on the convicted vendor list. As the person authorized to sign the Statement I fy tha - 46poser has not been placed on the convicted vendor list within the past 36 mo��,� complies fully with the above r—,;r —te Date 107 OF 110 387 ATTACHMENT "L" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that , the proposer responding to this RFP/RFQ, maintains a drug-free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against empl es for violations of such programs. (2) Proposer informs employees about the dangers of abu the workplace, the company's policy of maintaining a drug-free work �, any avail°; drug counseling, rehabilitation, and employee assistance programs, dr e penalties that rn a imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged r o v i d i n g tf/, ///////' mmodities or contractual services included in this RFP a copy of the stateme .�Iin Sun (1). (4) In the statement specified inbsectioi %% ropos� notifies the employee that, as a condition of working in the c �� s or c' actual services covered under this RFP/RFQ, he/she will abide by the to of the�tement d will notify the employer (proposer) of any conviction of, or plea of ty or ire to any violation of Chapter 893 or any controlled substance law o ' ited State or any state, for a violation occurring in the workplace no lat�j 5) ;.,after such conviction. (5) Proposer'A joses a sand on, or requires the satisfactory participation in a drug abuse assistance or litation pr ram if such is available in the employees community by, any employee who isted (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that proposer complies fully with the above requirements. Authorized Signature: Name & Title (typed): Date: 108 OF 110 388 ATTACHMENT "M" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's profe�al credit and personal character, or of the proposer identified below. The undersigned also authorizes you to rel Redevelopment Agency (BBCRA) or the City of Boyr regarding the business identified as "proposer" below Proposer (Business) Name (D/B/Ayplicab Current Business Address: Beach Community in your possession Federal Tax ID#:00 State of Incorporation: STATE OF FL A COUNTY OF/i%,1 . . THE FOREGOING INST was acknowledged before me this day of 20, b who is personally known to me or who has respectively produced as identification and did not take an oath. Print Name: Commission No: My Commission Expires: Notary Public: (Seal) 109 OF 110 389 ATTACHMENT "N" CERTIFICATION OF NON -SCRUTINIZED COMPANY , as proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this RFP/RFQ, the BBCRA may disqualify the posal and/or terminate the agreement. Proposer Name MI - Authorized Authorized Representative of Proposer Date: STATE OF FLORI COUNTY OF , I1I:I111111013110161 personally known to oath. Print Name: Commission No: My Commission Expires: as acknowledged before me this day of who is o has respectively produced as identification and did not take an Notary Public: (Seal) 110 OF 110 390 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 OLD BUSINESS AGENDA ITEM 13.13 SUBJECT: Update on Status of Joint City/CRA Meeting regarding Draft Scope to Amend the 2016 Community Redevelopment Plan SUMMARY: At the June 13, 2023 CRA Board meeting, CRA staff was directed to coordinate with City Manager and staff for a date to hold a joint City -CRA Board meeting in September to discuss the CRA Plan Amendment as it pertains to modification of the CRA boundaries. This would allow new CRAB members to be brought up to speed on the CRA in general and the assignment to review the Scope of Work for the CRA Plan Amendment. After initial discussion with City staff, the best time for a joint meeting in September would be before the September 12th CRA Board meeting or before the October 10th CRA Board meetings due to the pending budget meetings and other important meetings that needs to occur in the next couple of months. Please note of the upcoming conferences such as the IEDC (September 17-20), ICMA conference (September 30 -October 4), City Lab (October 18- 20), and FRA (October 24-27). Background: The CRA was established in 1981, and expanded in 1987 to 1,650 acres. This area met the "finding of necessity" with the existence of slum and blighted conditions, which include physical or economic conditions that threatens quality of life, such as but not limited to, aging and obsolete structures; lack of affordable housing; higher incidence of crime; and/or inadequate/substandard infrastructure which are too costly to redevelop and a disincentive to private investment (see Attachment 1). The current CRA Community Redevelopment Plan was adopted by the City Commission on October 4, 2016, and consolidated four existing plans: The Heart of Boynton Plan, Federal Highway Corridor Community Redevelopment Plan, Ocean District Community Redevelopment Plan, and Downtown Vision and Master Plan. The Plan organized the CRA area into six districts, providing specific recommendations for each, including future land use, urban design and streetscapes. Some of the site-specific future land use recommendations have already been implemented; the others will be implemented incrementally through private development and occasional preemptive, City -initiated actions (see Attachment 11). As part of the 2016 CRA Plan adoption, there were five public workshops and four public hearings starting in November 2015 and ending on October 2016. CRA Plans typically are updated every five years due to changed circumstances that align with statutory requirements, 391 local needs, development and economic conditions, and/or other factors. In the Boynton Beach CRA's case, the changes in the statutes in 2019, COVID-19 pandemic, and current economic conditions have played an important part in the implementation of the Plan and warrants an amendment to the 2016 Boynton Beach Community Redevelopment Plan. Since 2016, and in spite of the events described above, the BBCRA has successfully implemented seven major redevelopment projects within the CRA area. These include the successful completion of the Boynton Harbor Marina, the civic components of Town Square, the Ocean Breeze East Affordable Housing project, the on-going construction of the Heart of Boynton Village Apartments and Shops, and the fully executed agreements for the Cottage District Affordable Workforce Infill Housing Project and The Pierce Mixed -Use Project. Additionally, the Boynton Beach Boulevard Complete Street is currently being funded by $2.9 Million in state (FDOT) and federal (FLAP) funds and is scheduled for construction in FY 2024-2025. On February 13, 2023, the CRA Board directed staff to bring back a draft Scope of Work (SOW) that would encompass necessary visioning process for Downtown Boynton Beach and for the continued redevelopment of the properties within the CRA area. Proposed Amendment: CRA staff has prepared a preliminary SOW (see Attachment III) for the Board's consideration. Staff has the ability to do the work, but not in the most expeditious way given the current work load with upcoming projects. Additionally, there are also work load issues at the various City departments if this project is to be done in-house. The tasks described in the SOW will provide a format to procure the necessary consultant services to amend the CRA Plan. The goals and objectives of this project are as follows: • Update the Plan to reflect statutory requirements; • Provide a framework that would continue to leverage CRA resources with private investments; • Provide strategies to incorporate innovative growth management and development practices to foster a resilient economy while protecting natural resources; • Document completed, current and ongoing efforts, while identifying and prioritizing future projects that may be accomplished in the next 15 years; and, • Provide a plan that can accommodate a smooth transition of the management of the City's redevelopment activities when the CRA sunsets in 2044. CRA staff anticipates that the CRA Plan Amendment process will take approximately 12-15 months, including the Request for Proposal (RFP) and consultant selection process. A request for input was sent to various City Departments on April 14, 2023 (see Attachment IV). The May 4th and June 1 st CRAB meetings were cancelled due to lack of a quorum. It is anticipated that City Commission will be appointing new CRAB members to fill the five vacant seats after the adoption of the new ordinance that will streamline the application and operational procedures for all city advisory boards. Comments from City staff, along with input from the CRAB will be reviewed with the City and CRA legal counsels and will be incorporated into the final RFP draft for the CRA Board's consideration at the earliest available CRA Board agenda. FISCAL IMPACT: 392 Staff anticipates that the project will cost approximately a maximum of $250,000 and may be included in the FY 2023-2024 Fiscal Year Budget. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAB RECOMMENDATION: At their June 1, 2023 CRAB meeting, there was a lack of a quorum due to an emergency that was caused by the severe weather. The three board members who were present decided to have a discussion on the proposed Scope of Work. After the discussion, it was acknowledged that four new members may be appointed to replace the outgoing members and therefore more input from other board members would be needed. Chair Cobb volunteered to attend the June 13, 2023, CRA Board meeting to request for additional time for CRAB to review and provide comments on the proposed the Scope of Work. CRA BOARD OPTIONS: To be determined based on CRA Board discussion. ATTACHMENTS: Description • Attachment I - Florida Statutes Section 163.340, Definitions • Attachment II - 2016 Boynton Beach Community Redevelopment Plan • Attachment III - 2023 Preliminary CRA Plan Amendment Scope of Work • Attachment IV - April 14, 2023 Email Request for Input to City Departments for CRA Plan Amendment SOW.pdf 393 4/4/23, 3:25 PM Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2022'v Go The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163 View Entire INTERGOVERNMENTAL Chapter PROGRAMS 163.340 Definitions.—The following terms, wherever used or referred to in this part, have the following meanings: (1) "Agency" or "community redevelopment agency" means a public agency created by, or designated pursuant to, s. 163.356 or s. 163.357. (2) "Public body" means the state or any county, municipality, authority, special district as defined in s. 1 1(7), or other public body of the state, except a school district. (3) "Governing body" means the council, commission, or other legislative body charged with governing the county or municipality. (4) "Mayor" means the mayor of a municipality or, for a county, the chair of the board of county commissioners or such other officer as may be constituted by law to act as the executive head of such municipality or county. (5) "Clerk" means the clerk or other official of the county or municipality who is the custodian of the official records of such county or municipality. (6) "Federal Government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United States. (7) "Slum area" means an area having physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence, and exhibiting one or more of the following factors: (a) Inadequate provision for ventilation, light, air, sanitation, or open spaces; (b) High density of population, compared to the population density of adjacent areas within the county or municipality; and overcrowding, as indicated by government -maintained statistics or other studies and the requirements of the Florida Building Code; or (c) The existence of conditions that endanger life or property by fire or other causes. (8) "Blighted area" means an area in which there are a substantial number of deteriorated or deteriorating structures; in which conditions, as indicated by government -maintained statistics or other studies, endanger life or property or are leading to economic distress; and in which two or more of the following factors are present: (a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities. (b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions. (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. (d) Unsanitary or unsafe conditions. (e) Deterioration of site or other improvements. (f) Inadequate and outdated building density patterns. (g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality. 394 www. Ieg. state.I us/Statutes/index.cfm?App_mode=Displ ay_Statute&Search_String=&U RL=0100-0199/0163/Sections/0163.340. htmI 4/4/23, 3:25 PM Statutes & Constitution :View Statutes : Online Sunshine (h) Tax or special assessment delinquency exceeding the fair value of the land. (i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality. (j) Incidence of crime in the area higher than in the remainder of the county or municipality. (k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality. (l) A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality. (m) Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area. (n) Governmentally owned property with adverse environmental conditions caused by a public or private entity. (o) A substantial number or percentage of properties damaged by sinkhole activity which have not been adequately repaired or stabilized. However, the term "blighted area" also means any area in which at least one of the factors identified in paragraphs (a) through (o) is present and all taxing authorities subject to s. 163.387(2)(a) agree, either by interlocal agreement with the agency or by resolution, that the area is blighted. Such agreement or resolution must be limited to a determination that the area is blighted. For purposes of qualifying for the tax credits authorized in chapter 220, "blighted area" means an area as defined in this subsection. (9) "Community redevelopment" or "redevelopment" means undertakings, activities, or projects of a county, municipality, or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight, or for the reduction or prevention of crime, or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area or rehabilitation and revitalization of coastal resort and tourist areas that are deteriorating and economically distressed, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan. (10) "Community redevelopment area" means a slum area, a blighted area, or an area in which there is a shortage of housing that is affordable to residents of low or moderate income, including the elderly, or a coastal and tourist area that is deteriorating and economically distressed due to outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate street layout, or a combination thereof which the governing body designates as appropriate for community redevelopment. For community redevelopment agencies created after July 1, 2006, a community redevelopment area may not consist of more than 80 percent of a municipality. (11) "Community redevelopment plan" means a plan, as it exists from time to time, for a community redevelopment area. (12) "Related activities" means: (a) Planning work for the preparation of a general neighborhood redevelopment plan or for the preparation or completion of a communitywide plan or program pursuant to s. 163.365. (b) The functions related to the acquisition and disposal of real property pursuant to s. 163.370(4). (c) The development of affordable housing for residents of the area. (d) The development of community policing innovations. (13) "Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith and every estate, interest, right, and use, legal or equitable, therein, including but not limited to terms for years and liens by way of judgment, mortgage, or otherwise. (14) "Bonds" means any bonds (including refunding bonds), notes, interim certificates, certificates of indebtedness, debentures, or other obligations. (15) "Obligee" means and includes any bondholder, agents or trustees for any bondholders, or lessor demising to the county or municipality property used in connection with community redevelopment, or any assignee or 395 www. Ieg. state.I us/Statutes/index.cfm?App_mode=Displ ay_Statute&Search_String=&U RL=0100-0199/0163/Sections/0163.340. htmI 4/4/23, 3:25 PM Statutes & Constitution :View Statutes : Online Sunshine assignees of such lessor's interest or any part thereof, and the Federal Government when it is a party to any contract with the county or municipality. (16) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other person acting in a similar representative capacity. (17) "Area of operation" means, for a county, the area within the boundaries of the county, and for a municipality, the area within the corporate limits of the municipality. (18) "Housing authority" means a housing authority created by and established pursuant to chapter 421. (19) "Board" or "commission" means a board, commission, department, division, office, body or other unit of the county or municipality. (20) "Public officer" means any officer who is in charge of any department or branch of the government of the county or municipality relating to health, fire, building regulations, or other activities concerning dwellings in the county or municipality. (21) "Debt service millage" means any millage levied pursuant to s. 12, Art. VII of the State Constitution. (22) "Increment revenue" means the amount calculated pursuant to s. 163.387(1). (23) "Community policing innovation" means a policing technique or strategy designed to reduce crime by reducing opportunities for, and increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community, including, but not limited to, community mobilization, neighborhood block watch, citizen patrol, citizen contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or intensified motorized patrol. (24) "Taxing authority" means a public body that levies or is authorized to levy an ad valorem tax on real property located in a community redevelopment area. History.—s. 3, ch. 69-305; s. 1, ch. 77-391; s. 1, ch. 81-44; s. 3, ch. 83-231; ss. 2, 22, ch. 84-356; s. 83, ch. 85-180; s. 72, ch. 87-243; s. 33, ch. 91-45; s. 1, ch. 93-286; s. 1, ch. 94-236; s. 1447, ch. 95-147; s. 2, ch. 98-201; s. 1, ch. 98-314; s. 2, ch. 2002-294; s. 7, ch. 2006-11; s. 1, ch. 2006-307; s. 20, ch. 2013-15; s. 7, ch. 2015-30. Copyright © 1995-2023 The Florida Legislature • Privacy Statement • Contact Us 396 www. Ieg. state.I us/Statutes/index.cfm?App_mode=Displ ay_Statute&Search_String=&U RL=0100-0199/0163/Sections/0163.340. htmI .......... 1 t ��JJJ�rJ�J��JJJJ �ff��JJJ "I ��oiaaaaaaaa��aaaia��iaa iJ�iaaaail Min I 398 Boynton Beach Community Redevelo ent Plan PM on", dAow / T01 B EAC H 'C 'A Steven B. Grant, Mayor Mack Mcray, Vice Mayor Justin Katz, Commissioner Joe Casello, Commissioner Christina Romelus, Commissioner CRA ADVISORY BOARD Linda Cross, Chair Robert Pollock, Vice Chair Paula Melley, Board Member CRA BOARD Steven B. Grant, Chair Mack Mcray, Vice Chair fustin Katz, Board Member WILIMMI 0TWWWROTIJ.'"1107001 I Lori LaVerriere, City Manager Vivian Brooks, Executive Director Michael Simon, Assistant Director Rick Maharajh, Board Member Andrew Mack, Development Director James DeVoursney, Board Member Michael Ruf Planning and Zoning Director Thomas Murphy, Jr., our Member Amanda Bassiely, Senior Planner/Urban Designer Allan Hendricks, Board Member Hanna Matras, Senior Planner Adoption Date.- October 4, 2016 3 399 Executive The City of Boynton Beach created the Boynton Beach Community Redevelopment Area and Agency in 1982 as a tool for the redevelopment of the downtown area. Through several expansions, the area has grown to its current size of 1,650 acres. Until now, the redevelopment activities were guided by four different plans that overlapped and did not provide a focused vision for the entire CRA area. In August 2014, the City Commission and CRA Board held a Strategic Planning Initiative work session, out of which came a high priority recommendation to consolidate the existing plans with a comprehensive update that would reflect the changes in economic environment, the objectives, as well as the achievements of the previous efforts. There has been a consensus that, in spite of these significant achievements, the vision of a vibrant downtown with revitalized corridors has yet to be realized. The first phase of the consolidation—the analysis of the current conditions—confirmed this assessment and provided a base for the Plan's recommendations. The overarching goal of creating this comprehensive CRA Plan is to provide a clear and consistent vision for the CRA District and therefore predictability for new development and investment in the area. It effectively and clearly communicates the direction of the Community Redevelopment Agency and key redevelopment opportunities. It also covers areas of the CRA District that have not, in the past, had formally adopted plans. KEY FINDINGS OF THE EXISTING CONDITION ANALYSIS The Existing Condition Report and the related research yielded the following findings: Population: • A significant population growth is projected for the area by 2035: the current population of 12,000 is projected to grow by 52%, to about 18,200; • There is a significant racial and ethnic diversity: the area's profile shows approximately 52% Whites, 42% Blacks/African Americans and 12% Hispanics; • There is a high share of the elderly: nearly one-fifth of all residents are 65 or older; • The level of education is generally low: in most areas, less than 20% of population has a Bachelors' degree; • Median household income is low: below $33,000 in much of the area, as compared to about 4 400 $44,000 for the City as a whole and $52,000 for the Palm Beach County. Housing: • Housing stock is old: some 60% of homes were built prior to 1971. • Median values of homes in all categories are low: 78% of single-family homes and condominiums and 48% of townhomes have a taxable value below $100 K. • Housing ownership is low: at 56.1 %, compared to 64% for the City as a whole and 70% for the Plam Beach County. • Some 17% of homes are used only for seasonal, recreational or occasional purposes. KEY RECOMMENDATIONS The CRA Plan is organized into six districts, identified according to their character, history, location and land use make-up: the Industrial Craft District, the Heart of Boynton District, the Cultural District, the Boynton Beach Boulevard District, the Downtown District and the Federal Highway District. Each district plan reflects a unique vision based on its role in the CRA. Achieving the vision and ultimate role of each district is facilitated by both general and specific recommendations involving topics ranging from the structure of the City's Future Land Use Classifications to the undergrounding of public utilities. Below are the three key recommendations that will have the greatest benefit to the redevelopment of the CRA. Change in the Future Land Use Structure of the Comprehensive Plan The Plan proposes changes to the existing future land use (FLU) and zoning structures. For example, the Mixed Use Core future land use classification currently allows a maximum density of 80 dus/acre, and the Mixed Use classification allows a maximum density of 40 dus/acre. The Plan proposes to establish a third mixed-use classification to fill this intensity gap. This action will facilitate a more appropriate transition in land use densities and intensities characteristic of the newly recognized Districts, and allow the establishment of secondary activity centers called nodes, to support redevelopment of Town Square, property at the future rail station and at Woolbright Road and Federal Highway. Application of the Complete Streets design principles The Plan proposes the redesign of most major streets within the CRA according to the Complete Streets design principles in order to implement the connectivity and walkability objectives of the Plan. Achieving this objective is critical to the Plan's success which depends on the interconnection of planning districts in a CRA that occupies over 1,600 acres consisting of all types of land uses and varying land use densities and intensities. By building complete streets throughout the CRA, the ideal circulation system will be established to accommodate residents, workers, commuters and visitors traveling within the downtown. These principles will be applied to both public improvements as well as private development to ensure that adequate space is secured to accommodate all components of a complete street including vehicle travel lanes at appropriate widths for the downtown, parking, bike lanes, the "pedestrian zone" and beautification. 5 401 Urban Design Guidelines The Plan recommends adoption of a comprehensive urban design framework to ensure that the built environment achieves the intended physical vision for the CRA— high quality buildings and vibrant, rich public realm, creating the places in which people will want to live, work and relax. The design guidelines will foster sustainable and predictable development in all districts while helping to realize the Plan's vision for each. For example, to achieve the desired image and function of Ocean Avenue within the Cultural District, which will built upon its unique scale and ability to accommodate special events, the regulatory standards will address building heights, massing, setbacks and uses. MOVING FORWARD The 2016 Boynton Beach Community Redevelopment Plan will guide the community through the redevelopment of the CRA District for another twenty years. The Plan will be relied upon by staff and elected officials to guide policy recommendations and decisions regarding private development, public improvements and in formulating the annual CRA budget. 402 403 404 Updating the Vision 12 Public Participation Process 17 Planning Considerations and Strategies 19 Organization of the Plan 25 VISDN & Mission Statement 30 The Vision 31 Goals and Principles 32 ,A "J/'��1"V Connectivity Plan 37 Land Use & Zoning 49 VIII VIII I VIII VIII I D.mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm .mm ..w )3 Boynton each Boulevard District 55 Cultural District 71 Downtown District 81 Federal Highway District 93 Heart of Boynton District 105 Industrial Craft District 119 E. IMPLEMENTATION . .. . ..... 127 Introduction 128 Planning & Policy 129 Development Projects 130 Initiatives & Programs 131 Appendix 1: Existing Future Land Use Map 134 Appendix 2: Recommended Future Land Use Map 136 Appendix 3: Recommended Connectivity Map 138 Appendix 4: Workshop Polling Results 140 Appendix 5: Exisiting Conditions Analysis 144 9 405 The Boynton Beach Community Redevelopment Area and Community Redevelopment Agency (both commonly referred to as the "CRA") were established in 1982, and the area was incrementally expanded over a 16 -year period to ultimately envelop approximately 1,650 acres (see location map on opposite page). With the incremental establishment of the CRA came the incremental preparation of redevelopment plans required to guide private development and support the funding and construction of public infrastructure improvements. Chapter 163 Part III of the Florida Statute enables local governments to designate parts of their jurisdictions as Community Redevelopment Areas after a determination that "slum and blight" criteria have been met. Examples of conditions that can support the designation include, but are not limited to, the presence of substandard or inadequate structures, a shortage of affordable housing, inadequate infrastructure, insufficient roadways, and inadequate parking. To document that the required conditions exist, the local government must survey the proposed redevelopment area and prepare a Finding of Necessity. If the Finding of Necessity confirms the existence of such conditions, the local government may create a Community Redevelopment Area where the tools would be applied intended to foster and support redevelopment. Pursuant to state law, the City of Boynton Beach approved Resolution 81 -SS and therefore established the Community Redevelopment Agency to administer its programs and activities, and subsequently, through Resolution 82 -KK, declared the downtown area to be "blighted" and created the Community Redevelopment Area. The boundaries of the originally -designated area, generally encompassing the Central Business District zoning district within the original downtown, were expanded in October of 1982, by Resolution 82 -BBB. As per state requirement, the first redevelopment plan for "Downtown Boynton Beach" was adopted in 1984 by Ordinance 84-32. Three more expansions were made to the CRA between 1984 and 1998, beginning with a small extension of the boundary in April of 1984 by approval of Resolution 84 -II. More sizeable expansions of the CRA followed in 1987 and 1998. By Resolution No. 87-QQQ, the 1987 expansion included a 518 -acre area bounded by the Boynton (C-16) Canal to the north, the Florida East Coast Railroad to the east, Ocean Avenue to the south and Interstate 95 to the west. The Plan for this area was adopted in December of 1989 by Ordinance 89-49. This area subsequently became referred to as the "Heart of Boynton". The 1998, and last significant expansion was approved by Ordinance 98-33 and extended the CRA area along Federal Highway (east of the FEC Railroad corridor) to both the north and south city limits. This 408 expansion also included the industrial area located on the northwest corner of Boynton Beach Boulevard and Interstate 95. These expansions were recommended by the "Boynton Beach 20/20 Redevelopment Master Plan." This plan was completed in 1998 as a product of an American Assembly forum held to "chart a positive course for the City". The scope of the plan included the entire area east of 1-95; however, it emphasized the CRA, recognized the existing CRA plans, and recommended the expansion of the CRA to include the industrial area west of 1-95, the Federal Highway corridor, and that portion of the municipal campus located south of Ocean Avenue. Subsequent to 1998, the land area of the CRA has only been increased as a result of the City annexing unincorporated parcels and enclaves located at the south end of Federal Highway. 3 409 Previous Redevelopment Plans There were four adopted plans guiding redevelopment within the CRA and a draft plan for the Boynton Beach Boulevard corridor. The adopted plans included the Heart of Boynton Community Redevelopment Plan, the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan and the Downtown Vision and Master Plan. The original downtown area that was evaluated in the 1984 Plan was first revisited in 1998 as part of the Visions 20/20 Master Plan and again by the Downtown Master Plan in 2009. Below is a brief overview of each plan. h m,uXurrms�uu li'''°�:JU..m iin was adopted in 2001, and represented the first update of the original 1989 Plan. The 2001 Plan was prepared by a consultant team and involved extensive public participation, including five charrettes. In June of 2014 a City -CRA staff team completed an update of this Plan which was adopted by Ordinance 14-008. The staff team held a meeting with community stakeholders to obtain input on proposed redevelopment options. The plan included eleven recommendations, and emphasized the preservation of residential neighborhoods west of Seacrest Boulevard, and an increase in the intensity of development in selected areas east of Seacrest Boulevard. Recommendations relative to building form and design were minimal with attention limited to traditional design for commercial structures, and the architectural style adopted by the stakeholders, "Floribbean", to recognize the historic style present in the area as well as the increase in Caribbean residents. • ""'III""'llinr 20Ji"� III'°.uielll Ili°°°III Iiiwsui ui liidrw�uim oui°ui°uiui,uimliit t'mwclllo uicuit III°'"'Illoui Plan was the first version of [g.......................2..................................................................111,1.....................................y.......................................................1........................................................... a Plan completed for a portion of the1998 expansion to the CRA. This Plan was also originally prepared by a consultant, and was updated in June 2006 with a Plan completed by City staff. The plan divided the corridor into five planning areas and provides land use recommendations and strategies for each. The update made few changes to the original recommendations. Additionally, the original plan included market analyses supporting a convention hotel and additional retail and office space in the downtown area; however, the update did not readdress these topics to confirm feasibility. Although the updated plan did not include an urban design and architecture section, the general recommendations called for the creation of development standards and design guidelines for bulk and building massing as well as for architectural themes. It should be noted that the plan generated the recommendations for mixed use zoning for redevelopment purposes, which culminated in the codification of the four mixed use zoning districts that are in effect today. • ;;III he Pearn Distil Coirm,lrnuunlity Ill edevelllol. meat Ill"llllain was created in-house by an urban designer -led planning team and adopted in February 2004. The plan features two alternative redevelopment scenarios for the District with corresponding detailed design recommendations. The plan's main focus is the City - owned land which represents 40% of the Ocean District's total area. This area is referred to as "Town Square". The plan also includes design concepts for the areas along Boynton Beach Boulevard, Seacrest Boulevard and Ocean Avenue, as well as the area adjacent to the FEC Railroad tracks and the single - and multi -family neighborhoods situated north and south of Ocean Avenue. The planning process included two in-house workshops and two public workshops for community stakeholders. Aside from the alternative designs, the plan includes four broad recommendations suggesting changes in land development regulations emphasizing signage, building design, and street furniture. • adopted in January 2009, included in its scope the original CRA as studied under the 1984 Plan. The planning process, led by a team of consultants, City and CRA staff, involved stakeholders and City residents and a series of public meetings and visioning charrettes. The Master Plan provides a strategic framework for implementation of goals through five priority action items named "Big Moves". These include the Transit Oriented Development district, cultural and civic campuses anchored by government offices and services, neighborhood centers along Martin Luther I 4 410 King, Jr. Boulevard and the Federal Highway gateway and linear park. The Plan emphasized urban design, but also considered regulatory assessment and economic and market factors. The Boynton Beach Boulevard Corridor Redevelopment Plan was drafted by a consultant team in 2004. Until 2004, the corridor only received attention as a subordinate part of the plan for the large 1987 CRA expansion, which understandably placed most emphasis on the extensive residential neighborhoods of this area, and the historic commercial corridor of Martin Luther King Jr. Boulevard. However, the draft plan closely examined existing land use patterns, development constraints of the corridor, recommended zoning, and urban design recommendations for optimal streetscape and residential compatibility. Redevelopment efforts have also been guided by three additional documents: the Urban Design Guidelines manual, adopted by the CRA Board in 2006, the 2005 Boynton Beach Community Redevelopment Agency Economic Development Plan and the 2006 CRA Housing Needs Assessment. The CRA planning efforts have achieved notable improvements over the past 30 years. However, the outdated status of the redevelopment plans, and the incremental methodology that was used in the individual updates, reinforces the need for the Plans' consolidation and comprehensive revision. The previous approach, applied to consecutive expansions of the CRA, is being replaced with a methodology that facilitates the evaluation of the CRA as a whole. The new, comprehensive approach will use consistent framework, emphasizing interconnectivity and the relationship to focal points and nodes throughout the CRA. It will be based on common land use characteristics and unique attributes, tailoring land use intensities and densities accordingly. This effort is intended to represent the vision for the entire area through a user-friendly plan, effectively and clearly communicating the direction of the Community Redevelopment Agency and key redevelopment opportunities. Figure 1: Previous CRA Plans Areas 15 411 412 In October of 2015, the effort to consolidate and update the existing Community Redevelopment Agency Plans commenced with a single draft land use plan ready to be presented to the public for input, questions and comments. Since November of 2015, CRA and City staff held four (4) public workshops, of which the first three targeted the general public; the forth one, while open to the public at large, was specifically tailored for the audience of stakeholders, including developers, real estate professionals and business leaders. While Workshop #1, held on November 7th, 2015, covered only two CRA districts (Cultural and Industrial) out of the six identified within the consolidated plan, the remaining three, held in 2016 on March 3rd, June 11th, and June 21st, presented an overview of all districts. The proposed consolidated plan was also presented to the CRAAdvisory Board on July 7th, and to the CRA Board on July 12th and July 21st. During the workshops, "clicker" polling was used to provide instant feedback on a variety of questions. The participants were asked to respond to the proposed land use and zoning structure changes, connectivity and streetscape improvements, and scale and type of redevelopment. For further detailed polling results, see Appendix 4. The following is a record of attendees and their affiliations with the City. • WORKSHOP #1: Attendance: 6 (polling of audience was not part of workshop itinerary) • WORKSHOP #2: Attendance: 45, of which Live in City: 58%; Work in City: 8%; Work and Live in City: 21% • WORKSHOP #3: Attendance: 115, of which Live in City: 56%; Work in City: 23%; Work and Live in City: 17% • WORKSHOP #4: Attendance: 40, of which 38% Live or Work in City; 31% identify themselves as developers; 10% as planners or architects; 10% represent financial institutions; the remaining 21 % are on the "other" category. The proposed consolidated plan was also presented to the CRAAdvisory Board on July 7th, July 21st, August 4th, and to CRA Board on July 12th and August 9th. 413 414 The process used for the preparation of this Plan considered The Analysis of Existing Conditions (see Appendix No. 5), public input, existing redevelopment plans for the CRA, and growth characteristics. It also considered physical, market, and policy -related factors that have affected (or will affect) land use patterns and development characteristics, and land availability and real estate costs. A brief description of those factors, as well as corresponding strategies, is described below. The principal physical factors affecting historical development patterns or limitations have been identified and include the linear configuration of the CRA; the emphasis on the automobile as indicated by the existence and capacity of two intersecting state roadways; confining and bifurcating boundaries to downtown growth including the F.E.C. Railroad right- of-way, the Intracoastal Waterway; and large tracts of land occupied by mangroves. Boynton Beach originally had only a small downtown represented by low -intensity, minimal commercial land uses, constricted by abutting single-family neighborhoods, railroad right-of-way and heavy commercial uses. Additionally, the early demographics and historical role of the City in the region was a factor of it being predominantly a bedroom community for the working class, particularly those workers who built the early estates and hotels on the barrier island. A community of this nature did not support or warrant the development of a prominent commercial center and, particularly, the establishment of a notable main street necessary to support the natural evolution and growth or redevelopment of a downtown challenged to survive during periods of recession and suburban flight. Without a substantial and notable built environment, the downtown lacked influential elements to anchor and guide future expansions. Just beyond the immediate downtown area, as documented by The Federal Highway Corridor Community Redevelopment Plan, the impact of traffic characteristics of Federal Highway and shallow lot configuration has supported marginal commercial development including small "mom and pop" hotels. Particularly in the north end of the corridor, there has been a predominance of service businesses including automobile sales and repair, a car wash, and truck and trailer rental. Until recently, the Amerigas' propane gas distribution facility was located in the downtown. 415 20 416 Two policy related factors considered while evaluating development opportunities and challenges in the downtown are the planned return of commuter rail service to the F.E.C. Railroad right-of-way and the approval by the County of the Transportation Concurrency Exception Area (TCEA) for a portion of the CRA. The future Tri -Rail "Coastal Link" train system is planned to begin operating on the F.E.C. Railroad with passenger rail service between Miami and West Palm Beach. This program has the potential for significant benefits for Boynton Beach as it provides convenient access to the tri -county area through the coastal communities. Boynton Beach can offer the region another option for waterfront living - with marina facilities and oceanfront recreation amenities - in a small-scale environment without the congestion that is characteristic of Dade County, Ft. Lauderdale and West Palm Beach. A significant portion of the CRA is under the Transportation Concurrency Exception Area (TCEA) designation. While the establishment of aTCEAexempts projects within the delineated area from the requirement of meeting the County traffic concurrency requirements, it also sets limits on the amount of development that will be allowed. In addition, there are requirements for periodic monitoring and specific actions to correct any negative effects the TCEA designation may have on mobility, such as establishing a local circulator system to augment the County's public transit service. The designation overlays the Coastal Residential Exception area, which exempts all residential development east of 1-95 from traffic concurrency. The TCEA policies, as incorporated into the City's and Palm Beach County's Comprehensive Plans, set up 2025 development caps for a number of residential units as well as non-residential square footage. The maximum number of residential units was set at 8,050 units. As of the end of February 2016, the numberof units within TCEA was 4,912. The 2004 TCEA Justification Report provided the analysis of the development impacts on roadway links and intersections. Moreover, the Transportation Element's Policy 2.1.6 states that "any project utilizing the TCEA and significantly impacting the Florida Interstate Highway System (FIHS) shall be required to address these impacts as required by Palm Beach County." Pursuant to Comprehensive Plan policies, the City will monitor the number of approved dwelling units and comply with all the TCEA caps. Consequently, the CRA Plan must consider the proper allocation of land uses and densities to maintain the development allowance under the TCEA. II 417 Various factors related to consumer behavior must be considered and strategized to maximize the successful implementation of this Plan, including the establishment of appropriate and effective Land Development Regulations. The commercial core located along the Congress Avenue corridor consists of a significant number of retail and restaurant uses, anchored by a long- standing urban shopping mall and multi -screen movie complex. This area of Boynton Beach is the resource for most consumer shopping needs of locals as well as unincorporated residents and residents in nearby communities. The strongest business market is food service with extensive selection of restaurants, but also includes clothing, groceries, electronics, appliances, and sporting goods. With another one currently under construction, there will soon be 4 hotels either along or in close proximity to Congress Avenue. The vision and strategy for the Redevelopment Plan must acknowledge the value of, but not attempt to compete with the commercial resource along Congress Avenue. The chief market factor is an ongoing shift of purchase from brick -and -mortar stores to the internet, which means a change in demand for retail space. Many of the retail players, including the brands traditionally established on Main Street, are facing increasing online competition and are being forced to downsize their footprints. At the same time, many are strengthening their internet capability, changing location and making adjustments to their inventory. These changing consumer demand patters must be considered when creating a vision for accommodating retail businesses in the downtown. Forcing excessive commercial space and/or forcing commercial space in the wrong locations can have a negative effect on the successful redevelopment of downtown. 418 The target strategies must address the limited supply of developable land, relatively high land costs, pedestrian - unfriendly corridors, potentially incompatible land uses, the lack of available quality space for retail and office uses necessary to support the establishment of a vibrant downtown and insufficient densities to support mass transit. Therefore, specific strategies to guide the development of this Plan include the following: • Establish districts with common characteristics to promote identity and the creation of a sense of place; • Identify potential activity centers (or "nodes"), and support appropriate densities and intensities of development including the necessary height provisions and incentives applicable to areas both inside and outside the TCEA in order to offset the lack of easily available land and high land costs in the immediate downtown area. • Establish a retail land use base through the appropriate and limited concentration of such uses through the strategic allocation of mixed- use zoning districts and applicable regulations. • Implement a complete street program to shift from an automobile -oriented environment to a multimodal network. • Continue conversion of the downtown to a more livable place through greenways and ecotrails, and optimal buffering of residential areas from commercial redevelopment. • Implement Zoning and Land Development Regulations that capitalize on the planned operation of passenger rail service along the F.E.C. Railroad right-of-way including expansion of development incentives within the Downtown Transit Oriented Development District. • Accentuate the valuable and unique resources along the eastern fringe of the City to create a complimentary environment that is inviting to both residents and visitors. • Reduce dependence on the automobile by accommodating basic goods and services, providing walkable streets and neighborhoods, and achieving efficient interconnectivity between the waterfront, activity nodes, and other places of interest. 3 419 24 420 The Plan's roadmap for implementing these strategies and meeting the challenges described above is set up in four sections: Vision and Goals, Frameworks, District Plans, and Implementation Guide. The Framework section of the Plan is further divided into two parts, Connectivity and Structure of Future Land Use and Zoning. Connectivity. This section presents a comprehensive system of "complete streets" and other pathways that will unify the CRA area, improve multi -modal transportation, and support intensification of development. A "complete street", one of the main concepts driving the connectivity system, is a street designed to safely and efficiently accommodate access and travel for all users, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. In addition to complete streets, the Plan's recommended connectivity system covers greenways, ecotrails and parks, and bicycle facilities. For each, there is a general description, a list of benefits they offer, and an indication of where they are being proposed. The transit considerations emphasize the future commuter service on the FEC tracks and redevelopment within the Downtown Transit Oriented Development District. Structure of future land use and zonina. This section describes recommended adjustments to both Future Land Use (FLU) classifications and the corresponding zoning districts for residential and mixed uses. These amendments are specifically tailored to address the land use recommendations and target zoning districts for each of the six proposed CRA districts. Six individual districts were identified based, in part, on their character, history, location, and land use make- up. These include: Boynton Beach Boulevard District, located along Boynton Beach Boulevard from 1-95 to the FEC railroad tracks, bordered by West Ocean Avenue and NE 1 st Avenue on its south side and NW/NE 3rd Avenue on its north; • Cultural District, located along the Ocean Avenue Promenade from the FEC tracks west to S. Seacrest Boulevard, bordered by NE 1st Avenue to the north and SE 2nd Avenue to the south; 5 421 • Downtown District, located between NE 7th Avenue on the north, SE 12th Avenue + on the south, the FEC tracks on the west; The Implementation Guide is divided into three the slightly jagged eastern boundary sections: Planning &Policy, Development &Capital includes the Intracoastal Waterway and Projects, and Initiatives &Programs. The first section, � S. Federal Highway connected roughly Planning &Policy, is focused on regulatory matters (e.g. incentives, fees and permitting), the audit of the Land in the center by Ocean Avenue, SE 6th • Street, and SE 2nd Avenue; Development Regulations (LDR) and corresponding amendments to the LDR. Next, the Development & • Federal Highway Corridor District (North Capital Projects section emphasizes site-specific land and South), located along the corridor, assembly and streetscape improvements. Lastly, the with the Downtown District as a divider, Initiatives & Programs section involves marketing, the District extends to the northernmost branding and signage as well as programmed events and southernmost sections of the CRA and promotions. area. The south district contains two county -owned enclaves; • Heart of Boynton District, located north of the Boynton Beach Boulevard District, between the FEC tracks and Interstate 95, with the C. Stanley Weaver (C-16) Canal as its northern border; and • Industrial Crafts District, located west of 1-95, extending from West Boynton Beach Boulevard north to the C. Stanley Weaver Canal. The six self-contained plans created for the districts have uniform format. After the introductory section, which includesthe progress update (i.e. recent redevelopment projects and infrastructure upgrades), the plan proceeds to present the recommended streetscape improvements and land use changes (no land use or zoning changes are envisioned for the Industrial Crafts District), as well as infill and development/redevelopment opportunities. Each plan closes with a description of applicable, recommended design guidelines. 26 422 Figure 3: CRA Districts 1OBoynton Beach Boulevard District @Cultural District @Downtown District ®Federal Highway District @Heart of Boynton District ©Industrial Craft District 7 423 ® Milssilan The mission of the Boynton Beach Community Redevelopment Agency (CRA) is to guide and stimulate redevelopment activities, support affordable housing, foster a stronger economy through small business funding programs and provide free special events that contribute to enhanced quality of life for all residents. 30 426 u Viisiian The Vision of the Boynton Beach CRA Redevelopment Plan is to create a thriving city with a vibrant downtown and distinct districts. The vision includes unifying, connecting, and investing in sustainable, diverse neighborhoods that support strong local economy and enhance the quality of life for residents. 427 Goals and Principles The CRA has identified a set of Goals which serve as the Planning Principles: • Create a unique identity for the Districts drawing on elements such as its historic commercial marine industries, recreational amenities and cultural and public arts through special events, programs, projects and marketing. • Create a balance of sustainable and functional land uses for each District as a base for District plans. • Protect and enhance existing single-family neighborhoods. • Encourage the expansion of existing businesses and seek to attract new ones through the use of incentives and technical assistance. • Develop a coordinated signage program, including welcome signage, way -finding signage and street banners, that will identify and and promote each District. • Program and promote special events through available financial, staffing, marketing or other mechanisms. • Create a comfortable, walkable and safe pedestrian -scale environment connecting residents and visitors to the commercial, social/cultural and recreational areas within each District. • Create zoning and land use development regulations that support a diversity of mixed uses in the downtown area and adjacent planning areas including but not limited to residential, destination commercial, retail, restaurants, hotels, office, civic and recreational uses. • Develop policies and strategies for providing adequate public parking areas within each District to support commercial and residential redevelopment such as but not limited to financial incentives, land acquisition and construction. 32428 • Create/encourage/support land development regulations that provide alternatives to parking requirements. • Encourage and assist existing development and redevelopment projects that provide employment and economic opportunities. • Create programs, projects and funding which supports existing and new commercial development and act as a catalyst to leverage additional investment by private sector enterprise such as, but not limited to, economic incentives for rehabilitation or construction activities, development costs or infrastructure improvements. • Provide programs that market and promote the businesses, activities, special events, development and redevelopment opportunities and projects within each District. • Pursue development and redevelopment projects, actively engage in land acquisition and disposal, environmental and economic viability studies, building demolition and construction, site and infrastructure improvements, and project design and construction. • Create, improve and promote the public waterfront areas and public open spaces, parks, greenways, blueways and bikeways. • Encourage and incentivize the improvement, development and implementation of streetscape enhancements within the Districts, including landscaping, street furniture and hardscape features, signage, pedestrian safety and walkability/connectivity, crosswalk treatments and lighting elements. • Encourage the preservation of existing affordable housing and the development of new affordable housing by providing technical assistance, incentives and land. • Encourage the preservation of the commercial and recreational marine industries operating within the CRA, such as, but not limited to, the Boynton Harbor Marina District, by financial investment, physical improvements, special events, marketing and promotional activities. • Encourage the preservation of the existing public waterfront access areas and—wherever feasible— provide for the addition of new public waterfront access through acquisition, easements or other means available to the Agency. • Encourage and initiate various innovative community policing techniques and programs, code enforcement, "clean and safe" programs and policies, and other means deemed feasible and appropriate in order to stabilize and enhance neighborhoods and commercial areas. 3 429 36 432 The CRA is directly accessed by Interstate 95 via Boynton Beach Boulevard and a US -1 (a.k.a. Federal Highway). Being dissected by these two State roads, and situated generally between a major freeway and popular marina and oceanfront recreation amenities, the downtown has considerable exposure from local and regional traffic. However, the historic emphasis on accommodating the automobile still prevails today, as does the environment commonly associated with road rights-of-way devoted to wide travel lanes, extensive center turn lanes, minimal sidewalk widths, landscaping, and a deficient and segmented bikeway system. Using the Complete Streets design concept as a guide, this Plan will support existing efforts to promote alternative modes of travel within the downtown area, as well as fill voids in the system which, in part, may be the result of the previous incremental redevelopment efforts. What have been individual plans and unrelated planning areas throughout the CRA, will become one document unified with a mobility plan comprised of Complete Streets and a planned -out bicycle and pedestrian network. This plan will ensure optimal linkages for residents, employees and visitors, to existing and future activity nodes consisting of the train station and transit area, business and shopping centers, event venues, and recreation amenities interspersed throughout the area. The "Complete Streets" program originated from The National Complete Streets Coalition, a program of Smart Growth America, during a collaborative effort in 2003 to expand a transportation planning initiative beyond bicycle integration. The non-profit alliance of public interest organizations and transportation professionals started this official nationwide movement to integrate people and place in the planning, design, construction, operation, and maintenance of transportation networks. The program promotes policies for various agencies that are responsible for the transportation planning to ensure that streets are routinely designed and operated to enable safe access for all users, regardless of age, ability, or mode of transportation. This means that every transportation project will contribute toward making a city a better place to live. The Complete Streets initiative for the downtown area is a critical component of the plan that connects a large and linear CRA, involves greater emphasis on densities, intensities, and land uses that support mass transit and, in particular, the commuter rail service on the F.E.0 Railroad. To encourage people to get out of their vehicles and use alternative modes of travel such as walking, biking, and transit, there must be safe and esthetic routes. The following streets represent the principal elements of the roadway network within the CRA and are therefore recommended to ultimately be designed as Complete Streets: 7 433 Boynton Beach Ilf oulllevaird consists of maximized vehicle travel lane widths, minimal bike lane width, narrow sidewalks, minimal separation between the travel lanes and the pedestrian way, and frequent intersections and driveway openings without design and markings for pedestrian safety. This road is the main entrance into the downtown area connecting the CRA to the greater region and the western communities. As indicated above, it is the link for local and regional patrons to ocean amenities whether for active recreation and sport such as fishing, diving and snorkeling, or for passive use of the miles of beachfront parks. Furthermore, the vision for the corridor includes greater retail intensity combined with residential land uses in low-rise mixed-use developments. Traffic speeds should be calmed, and pedestrians better accommodated. Wide sidewalks and greater separation from the vehicle travel lanes should be a priority. Separation can be accomplished by landscaping, on -street parking and wider bike lanes along this roadway. Plant selection and landscaping design should emphasize canopy trees where feasible to maximize shading for the pedestrian. Also, the ultimate redesign of this road should include one of more cross -walks to facilitate safe north -south movement west and east of Seacrest Boulevard. To achieve the ideal complete street, dedication of private property may be necessary, which would be timed with private redevelopment projects. Federal III°liilhway is the main north -south entry into the CRA, providing access to the downtown and future passenger rail station. Although it is unlikely that the entire length would be traversed on foot on a regular basis, it is a rather short distance to bike. Federal Highway currently has three different retail hubs, and waterfront parks that should be easily accessible by the pedestrian and bicyclist originating from either the east or west sides of Federal Highway. Federal Highway is also one of the main bus routes in the County, with numerous bus stops scattered throughout the CRA. "Walkability" should be the priority in both public and private improvements to maximize access to these bus stops, as well as local resources such as the Walmart grocery store at Gulfstream Boulevard, the shopping node located at the Woolbright Road intersection, and the downtown area at the intersection with Boynton Beach Boulevard. The valuable waterfront parks are conveniently located at the northern middle and southern sections of the corridor, thereby minimizing travel distances for local residents and facilitating the opportunity to bike or walk to these amenities or corresponding special events. Similar to the recommendation for Boynton Beach Boulevard, wide sidewalks and greater separation from the vehicle travel lanes should be a priority. Separation should be accomplished by landscaping, on -street parking and bike lanes along this roadway. Plant selection and landscaping design should emphasize canopy trees where feasible to maximize shading for the pedestrian. Again, to achieve the ideal complete street, dedication of private property may be necessary, which would be timed with private redevelopment projects. 3`! 434 Figure 4: Complete Street Example Ocean Avenue is unique to the downtown roadway network as it has segments designated with different classifications and under different jurisdictions. One segment (located west of the F.E.C. Railroad tracks) is primarily used by local residents and patrons of the civic uses such as the Children's Museum, Civic Center, Library and the Arts Center. This segment has a 25 mph speed limit, frequent 4 -way intersections, on -street parking, and relatively low -scale development. The segment east of Federal Highway changes in purpose, becoming an access route to, and emergency evacuation route from, the barrier island. This segment of Ocean Avenue is under State jurisdiction and provides access to a downtown node consisting of the CRA's marina and waterfront park, the Marina Village development, and waterfront restaurants. Also adjacent to this commercial center is the City's Boynton Beach Promenade and Mangrove Park with its boardwalk path through the mangroves to the Intracoastal Waterway. This area is anticipated to grow in popularity by the natural attraction to the waterfront, the waterfront restaurants and businesses and the park amenities. Ocean Avenue has an important role in the CRA plan given its quaint charm and connection between the Cultural District and Town Square (civic campus), and the Downtown District. Given its characteristics and relationship to the civic uses, it will continue to serve as a venue for existing and future special events which use the entire right-of-way in street -festival fashion to accommodate the patrons. 39 435 Seacirest Boulevard is a north -south county collector street that dissects the Heart of Boynton District and MLK Jr. Boulevard, represents the western border of Town Square, and separates the large single-family neighborhoods from the civic campus, recreation areas, and the downtown. This road is flanked by, and connects, various public, private and institutional uses such as churches, Poinciana Elementary School, Sara Sims Park and nearby Wilson Park/ Denson Pool, one of the City's largest employers (Bethesda Hospital) and City Hall. Historically, the role of this road in the area's roadway network has been a collector street extending south into the City of Delray Beach and north into the Town of Lantana. The design places a greater priority on the motor vehicle and the terminating destinations, than on the pedestrian, bicyclist, and abutting residential neighborhoods. Although streetscape improvements to a portion of the northern segment of Seacreast Boulevard were completed in 2015, the improvements excluded an increase in the sidewalk widths and the expansion of bike lanes, mostly due to the limits of the existing right-of-way and the County's design standards. Given the location within the redevelopment area the abutting land uses including substantial single- family neighborhoods, traffic calming and pedestrian circulation should be a priority in future public infrastructure improvements and in the design of private development. oollllbriiglht, IRoad is a county collector street serving as a second major linkage between 1-95 and Seacrest Boulevard, the activity node at the intersection with Federal Highway, and waterfront land uses and amenities. Although mostly located outside of the CRA, it is a principal connector road within the network, a second entrance into the CRA and the downtown. Similar to segments of Boynton Beach Boulevard, Woolbright Road consists of wide vehicle lanes, an uninterrupted center turn lane, minimal landscaping and no shading for the pedestrian. Despite the fact that the road separates a large single-family neighborhood to the north from a recreation area to the south, it has no direct pedestrian crossings or bike paths, and there is much room for improving the aesthetics of this second access into the CRA. Gateway Boulevard is the last of the streets recommended to ultimately become a "Complete Street", and is included given its proximity to the CRA and role in the circulation system in the City. Although only a short segment of it is within the CRA, it serves as a main access route from 1-95 to the north end of the CRA, and connects residential neighborhoods in this northern area to a potential future hub of convenience stores to serve local needs. The F.E.C. Railroad crossing represents a challenge to providing optimal pedestrian access along this short segment of Gateway Boulevard. 40 436 1 t a t m� MEn Of Figure 5: Recommended Complete Streets ry EM 4 19 a LL LL t ewav Blvd.! I 437 Greenways and ecotraiIs represent enhanced public walkways intended to serve as a buffer (or transition) between land use categories, or provide a connection for the pedestrian between parks and conservation areas within the CRA. Depending on the purpose, such walkways could be defined by decorative buffer walls, natural landscaping and dense tree canopies, meandering paths, accentuated cross -walks, way - finding signage, and other public amenities such as covered areas and benches. Many of the City's natural areas and parks are "off the beaten path" and therefore may not be realized by residents and visitors. Such a walkway or trail system raises awareness of, and increases accessibility to these attractions within the CRA. As described above, they are also used to simultaneously provide a buffer or transition from commercial areas or areas of higher density residential land uses to abutting low density residential neighborhoods. Consistent with the City's Greenways, Blueways, and Trails Plan completed in 2015, this Plan highlights and recommends segments from this city-wide trails plan to increase access to and through the Mangrove Park, the Boynton Beach Marina and waterfront area, Pence Park, Sara Simms Park, Wilson Park, Palmetto Greens Park, and Barton Greenway. A pedestrian greenway is recommended for the north side of Northwest 1st Avenue, to promote redevelopment of the full block along the south side of Boynton Beach Boulevard while buffering the single-family neighborhood to the south. 42 438 Figure 7: Recommended Greenways & EcoTrails K Legend 0 r— r 439 With the convenience and low cost of using a bicycle, the increasing availability of bike accommodations throughout the area, the bike accident data and reputation of our streets for being unsafe to bicyclists, bike paths and lanes are basic components of most transportation planning systems and an important part of the connectivity element of this Plan. Most all of the County's Palm Tran system accommodates bikes, and the local commuter train Tri -Rail has dedicated bike storage systems both on the trains and at the stations (most areas are covered or even include enclosed lockers). Bike accommodations can take the form of on -street bike lanes or shared paths within rights-of-way, or dedicated or shared paths located apart from the public roadway network. As referenced above under Greenways, Ecotrails & Parks, components from the City's Greenways, Blueways and Trails Plan have been emphasized in this Plan to further the connectivity objective, while supporting a more sustainable mode of travel and promoting recreation and healthier living. In addition to providing direct access to or within the points of interest shown on the corresponding exhibit, bike lanes or paths should be added to and/or maintained or improved on Federal Highway, Boynton Beach Boulevard, Seacrest Boulevard, Woolbright Road, Ocean Avenue, NW 2nd Street, SE 4th Street, and NW 4th Avenue. 41 440 Figure 9: Recommended Bike Lanes 15 - - --- - - - - — R I 4—k - Ip I wA ff IMPUS1 441 Legend &U*vft Slft,lft Jill= 441 The CRA is currently served directly by the Palm Tran System, providing bus transit services with both a fixed route program and a door-to-door paratransit program for the disadvantaged resident and guest. Palm Tran Route #70 follows Seacrest Boulevard with numerous bus stops in the Heart of Boynton; it is an important link between the downtown and the Tri Rail Station located just west of 1-95 near Gateway Boulevard. Palm Tran Route #73 primarily traverses Boynton Beach Boulevard from downtown west to Bethesda Hospital West at SR 441 and includes a direct stop at the Boynton Beach Mall. Lastly, Route #1 extends along Federal Highway and terminates at the Gardens Mall in Palm Beach Gardens, and south of Palmetto Park Road in Boca Raton. All three (3) bus routes travel through the City's Downtown Transit Oriented Development (TOD) District and would provide direct access to, or are located within a short walking distance to the planned passenger rail station near Boynton Beach Boulevard and NE 4th Street. As indicated above, Route #70 provides the link for the downtown to regional commuter rail transit provided by Tri -Rail, which operates on a shared railroad that parallels 1-95 through the tri -county area; provides stops within Palm Beach, Broward and Dade Counties; and connects with Amtrak and Metro Rail in Miami. Tri -Rail provides access to major employment centers and educational institutions within the tri -county area as well as all three major airports within the region. There are future changes on the horizon in transit options for downtown Boynton Beach, which the City has been planning for since it became certain that Tri -Rail services would be expanded to the F.E.C. Railroad. The F.E.C. Railroad is a historic rail line originally built and operated for passenger service until discontinued in 1968. It traverses the coastal communities along the coast of Florida, closely paralleling Federal Highway within the region. This new service is currently planned to be phased in, starting with service in Miami, followed by phasing in the additional northern stops as justified by demand. Based on demand being a factor of population density and employment, the City began planning for a downtown station with the Transit Oriented Development (TOD) Study; establishment of the Downtown Transit Oriented Development District; and adoption of the initial TOD zoning provisions with density bonus incentives and a minimum density standard. These provisions apply within the Downtown TOD District (a.k.a. "Station Area"), which is defined as the area within a one-half mile radius around the future station stop planned for the intersection of Boynton Beach Boulevard and NE 4th Street. It is important to prioritize the need to improve land development patterns in advance of station development for several reasons: (1) transit -oriented development (TOD) improves ridership for transit service, thereby increasing efficiency; (2) transit service increases access to station areas, thereby increasing potential for higher intensity and density land development; (3) TOD equally accommodates all modes of transportation (car as well as pedestrian, bicycle, and transit), further increasing access to station areas and potential for increased development capacity; and (4) TOD encourages a park -once environment, which reduces vehicular demand on the roadway network and carbon emissions. Furthermore, federal funding for transit projects such as the Tri -Rail Coastal Link are highly contingent upon existing and projected TOD patterns around station areas such as the City's planned rail station. Cities that adopt TOD plans and codes ahead of the planned service help improve the competitiveness of the City for a train stop. 16 442 The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT, (2) walkability and interconnectivity throughout the area; and (3) mix of uses appropriate to the service and area. In July of 2013, the City adopted provisions for TOD and the corresponding standards within the mixed use zoning regulations, including the minimum density standards for mixed use districts within the Transit Core, defined as a'/4 mile radius around the future station. • Prepare a Complete Streets program for the targeted streets within the CRA to guide the ultimate redesign and / or incremental improvements to implement the connectivity and walkability objectives of the plan. • Require the completion of all missing sidewalk segments within the CRA and adjoining areas in conjunction with private development or redevelopment, and public improvements. • Require that development design establish a pedestrian zone along the rights-of-way, tailored per roadway type and anticipated land use. • Require that streetscape landscape design and species selection emphasize the pedestrian way with optimal location and maximized shading. • Ensure the completion of greenways through necessary dedications and physical improvements required in conjunction with private and public development. • Consider the opportunity to promote downtown events in appropriate areas through the use of Festive Street design. • Consider LDRs that will ensure the installment of the greenway as a condition of rezoning for full block commercial/mixed-use redevelopment of the Boynton Beach Boulevard Corridor. • To ensure optimal bus stop locations and design, coordinate with Palm Tran as part of the development review process, and consider additional LDRs that require related improvements concurrent with development and redevelopment throughout the CRA. 7 443 S 444 //rr// Z VIII ��ano�/�� J»»u��(�� 1 du�up;, ///rnq /� 1/ ��/dirii /r��ii��f I/oi�((��g.....aU IIII "liiiiiiilrffffl l////%�� i i ` mn111Ii/f �1/�ai��ry , "rlrimiii�� r VIII r VIII umc «``fir411t�f1� r U /�/,,'P�b r r»I;,IIr�l, `,�uuu�f tfIII�� I r IIC�I�,;,frfI�DII°„��I ®� The land use recommendations constitute the bedrock of a community redevelopment plan. The Plan proposes to initiate changes to the existing future land use (FLU) and zoning patterns as currently depicted on the City's official Future Land Use and Zoning Maps. Site specific changes will be facilitated and supported by significant adjustment to the future land use and zoning structure, through modifications of both FLU classifications and the corresponding zoning districts for residential and mixed uses. As shown in Table 1 and 2 below, the Plan recommends elimination of several categories and creation of new ones for both future land use and zoning, as well as modifications of the density caps: EXISTING FLU DENSITYDENSITYREC�71� MENDEDFL'U DENSITY DUJA DUIa�CRI�E CHANGE RESIDENTIAL CLASSIFICATIONS; Low Density (LCR) a Low ICDensity (LDR) 7.5 Merged into one category Moderate Density 7.5 M'OUR Me6ulrn Density (ME R,) 15 Medium Density (MEDR) 11 Merged into one category High Density (HDlR) 11 High Density (HDR) 15 Create a new Special High Density SHC R ( ) 20HDR; SI -IR Speciall High Density (SHDR) 20 remains URBAN MIXED USE CLASSIFICATIONS n1a Mixed Use Low 25 NEWFLU Mixed Use (M) 0 Mlixed Use Medium 50 Increased Density Renamed. Mixed Use Core (M. -C) g Mixed Use High 50 Corresponds with previous Mixed Use Core Table 1: Proposed Changes to the Future Land Use (FLU) Classifications 49 445 The recommended changes to the existing future land use classifications include a corresponding set of proposed changes to the zoning structure, shown in Table 2. RECOMMENDED DENsrry ZONING DENSrrY IMAX CHANGE TO ZONING LAND USE DLiACRE DISTRICTSr A S HEIGHT DISTRICTS AAER1-AA 30" Merged zoning distracts Low Density (LDR), 7..5 n R -1A, R-1stories 5 TO 7.5 corresponding to existing LDR and PUD MODR FLU categories, R2 10 30' (2' Corr+esprrn+di;ng to, the existing Medium Density stories) MEDR (MEDR) R3 PUD 45° (4 VPUD11 stones Previously cinder the HDR FLU High, Density (HDR) 15 R 4, [PUD, 15 45 (4 NE district R-4 PUD stones Special High 20I PUD, PUD 20 45 (4 No change Density (SHDR) stories) Density and height same as; the Mixed Use Low 2'0 MU --1- 2'0 45' (4 MUL-1 zoning distriict under the stones) existing M:X FLU' 05, (5 Increased densi existing MUL- MU-2 40 stories) 2 under M FLU at 30 du acre Mixed' Use 50 Medium MUI-3 50 75 (7 NEW district stories) MU -4 00 100' (110 NEW distract stories) Mixed Use Hh 30 MU Care 80 150' (115 Renamed district. Corresponds stories) with previous MU -H. Table 2: Land Use Structure and Corresponding Zoning The recommendations emphasize mixed use for development and redevelopment, which are intended to play a major role in the ongoing revitalization of the CRA area, encouraging high quality design by providing both greater flexibility and more control. Ca11 �i'rie hic d,.� � r1 ��(,e f ! th( I � �� r a f:` � „(I� �1I�-1 , ail I �„ / II �II�� Transition from two to three Future Land Use classifications. and from four to five urban mixed use zoning districts. A steep increase in density and height caps between the Mixed Use and the Mixed Use Core classifications within the existing structure—from 40 DU/Acre to 80 DU/Acre and from 75 feet to 150 feet—makes for a gap that hinders future creation of a desired urban form and urban identity for the Downtown and adjacent districts of the CRA. There is no zoning district within the Mixed Use Core classification that would bridge the 40 DU/Acre density gap, and the existing so 446 supplemental regulations created to address the vast difference in scale for potential proximity of developments under the Mixed Use and Mixed Use Core classifications are inadequate. Replacing of the Mixed Use Future Land Use classification with Mixed Use Medium land use classification and introducing new zoning district. MU -4 (under the Mixed Use High category) with intermediate density thresholds. The density caps for the new FLU classification and the new zoning district -50 DU/Acre and 60 DU/Acre, respectively—have been established specifically to support the appropriate continuum of scale, addressing the described above density gap. • Merging of the two lowest density residential classifications into a single classification named Low Density Residential Future Land Use Classification (LDR), with the maximum allowable density of 7.5 dwelling units per acre. The existing zoning designations remain and will act to limit densities in neighborhoods developed with densities below 7.5 DU/Acre. This change contributes to "house cleaning," eliminating a City-wide inconsistency whereby a significant number of residential areas classified as Low Density Residential—for example, areas west of Seacrest Boulevard in the Heart of Boynton district—carry zoning designations corresponding to the Moderate Density future land use category. • Merging of the Medium Density Residential and High Density Residential Future Land Use classifications into a single classification named Medium Density Residential Classification with a maximum allowable density of 11 dwelling units per acre. The corresponding zoning designations are also merged and now include R-2, R-3, IPUD and PUD will remain unchanged. It is currently under the High Density Residential category. Simply stated, this change merges two land use classifications with closely matching density caps (10 units per acre and 11 units per acre). • Creation of a new High Density Residential Future Land Use classification with a maximum density of 15 dwellingper acre. A new multifamily zoning district, R-4, is proposed for this category. The Special High Density (SHDR) classification remains as is. This classification, limited to the CRA area, does not allow commercial uses except for marine -oriented and water -dependent uses in conjunction with the Palm Beach County Manatee Protection Plan. Its maximum density of 20 DU/Acre is the same as the maximum residential density of the new Mixed Use Low future land use classification. Even though the latter does not necessarily require inclusion of commercial uses, maintaining a SHDR as a residential -only classification (except as stated above) is important as it may be more appropriate than Mixed Use Low for certain locations. Further, significant amount of land within the CRA has already been developed under SHDR classification with the IPUD zoning. Aside from the CRA area, for which they are intended, the changes will eventually have a City-wide benefit for future redevelopment. 447 450 Boynton Beach/ Boulevard District IIID t ID 'iiiii IIID .IIID IIIn ri g '°""" a e g e s �.......... I VII�II � VII IIID IIID IIID"°" "°'ieridabIans 55 451 IIII ui��tui��„��d �ctlii o urs ................................................................... Currently there is no adopted plan for the Boynton Beach Boulevard corridor. There were public workshops held in 2005 to discuss the vision for the corridor, and many of the recommendations from those workshops are incorporated into this plan. There has been little redevelopment progress along the corridor at the scale envisioned by this Plan due to lack of developable parcels, no clear development vision and little to no public investment. The CRA invested in a public parking lot in 2015 to serve the future downtown growth. The Agency is currently in the planning phase for improvements to Boynton Beach Boulevard. The Boynton Beach Boulevard District consists of the Boynton Beach Boulevard corridor between 1-95 and the FEC Railway. The District extends north to N.E. 3rd Avenue and south to W. Ocean Avenue (west of Seacreast Boulevard) and N.E. 1st Avenue (East of Seacrest Boulevard). This area is the main entry into the downtown from the 1-95 exit and will therefore establish the first impression that visitors and many residents have of the City. The district also provides easy access to the City's public beach, the Boynton Harbor Marina, City Hall, the Children's Schoolhouse Museum and the Library. The areas directly north and south of the District are predominately large single-family neighborhoods. There is no buffer between the commercial uses fronting the corridor and residential uses which has held back property values in these neighborhoods. Figure 10: Boynton Beach District Location Map As the City's population grew, Boynton Beach Boulevard was widened to five lanes thereby accommodating higher traffic speeds and higher traffic volume, while lowering the aesthetic quality of the corridor. Additionally, commercial zoning only extends one-half block deep from Boynton Beach Boulevard which represents insufficient land necessary to support the land assembly and redevelopment for viable commercial uses. As a consequence, business activity along the corridor has primarily consisted of minimal conversion of single-family houses to commercial uses rather than redevelopment at the scale envisioned for this Plan. Nearly all of the parking for the businesses along the Boulevard is 5 452 in front of the buildings meaning that in many cases, cars have to back out into traffic. There are numerous curb cuts for each commercial use along the corridor leaving little room for landscape improvements and the pedestrian zone. Due to the widening of the Boynton Beach Boulevard overthe years, vehicular use has been emphasized over pedestrian or bike use. Under the current configuration of the roadway, there is insufficient right-of-way for landscaping, wider sidewalks, bike lanes, bus shelters and street furniture. Recently large utility poles were installed on the south side of the Boulevard adding to the visual blight of the corridor. There are only three signalized intersections that have formal pedestrian crossing zones. Pedestrians must walk several blocks in order to cross the Boulevard. There are no destinations along the corridor to attract the interest of visitors or residents other than City Hall and the Post Office. The majority of the businesses belong to the small service industry with few employees. The buildings are outdated, being constructed from the 1930's to the 1970's. The majority of the buildings are for single -tenant or single -use with no cross -access for pedestrian or vehicular circulation purposes or for sharing of parking resources. Additionally, there are no large parcels ready for redevelopment thereby requiring land assemblage and willing sellers. City Hall is located along Boynton Beach Boulevard but is envisioned to be relocated into the Cultural District as part of the Town Square project. City Hall and the other civic uses occupy 3.71 acres and offer an opportunity for a public-private partnership to facilitate a catalyst for redevelopment within the District. Figure 11: Examples of Districts Planning Challenges 57 453 58 454 2aii::s.ii..J.Ipra,Uii.ol in:L Several factors were considered in determining the land use designations for the Boynton Beach Boulevard District. Just east along the District is the location of the future site of the Tri -Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/z mile radius around the planned station. The DTOD district regulations support increased intensity of development through a 25% density bonus. The Boynton Beach Boulevard District and DTOD district overlap; only the area from 1-95 to (approximately) N.W. 2nd Street is not included within the DTOD District. A second consideration is that the Boynton Beach Boulevard District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The Plan recommends that the higher density and height occur within this District where both the TCEA and the TOD overlap. NW 1st Avenue Historic District: The potential NW 1st Avenue historic district contains thirteen properties, seven of which would be considered "contributing properties". The designation process was applied but failed to produce a positive result (although the outcome of the vote was very close). It is recommended that the designation of a historic district be again explored in the future if there isn't any assemblage of the properties on the north side of NW 1st Avenue for commercial development. In the meantime, the owners of the "contributing" sites will be contacted to determine their interest in applying for individual designation of their properties. Figure 12: Historic Property on First Avenue 59 455 Vliisliiouim .................................. The Boynton Beach Boulevard District is envisioned to serve as a welcoming and beautiful entry into the Downtown District. Pedestrians will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the corridor. Bicyclists will safely travel along the corridor and will be able to park their bikes at one of the local shops where they'll meet a friend for a cup of coffee. Visitors will be able to find their way to the marina, the Children's Schoolhouse Museum and the Public Library using the various way finding signs along the corridor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. ..:'.....StiiireetB.LL.P.L. Streetscape enhancements are recommended for the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program for Boynton Beach Boulevard including the addition of: • On -street parking • Bike lanes • Enhanced median with mature tree canopy (at time of planting) and landscape lighting • Minimum 8' wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Marking of major intersections with • Create a greenway along the north side of NW 1 st materials such as pavers, paint, etc. Avenue per the Connectivity Plan • Narrowing of travel lanes to create space . Create way finding signage to mark the entry into for landscaping and wider sidewalks and the City and brand the district to make the street safer for bicyclists and pedestrians. • Install public art in key locations • Create a Pedestrian Zone adjacent to the right- Provide additional pedestrian crossings where of -ways that is inviting, safe and includes: needed • Addition of canopy street trees Underground overhead utilities • Minimum 8' wide clear sidewalk Figure 13: Boynton Beach Blvd. District Streetscape Recommendations Area 60 456 Entrance enhancements • Signage / Gateway t t t t t t t t t t t t t t t t Intersection enhancements • Directional signage • Pavement / material • Landscaping • Public art location • Safe pedestrian crossing Intersection enhancements • Entry to Downtown • Directional signage • Pavement / material • Landscaping • Public art location • Safe pedestrian crossing Figure 14: Intersection enhancements on Boynton Beach Blvd. 11 457 Boynton Beach Boulevard Design: West of Seacrest Boulevard I L TL '41 MID T I- TL S u IX.1------I V'r ---- 1)0 ff 4JO ] 'I Figure 17: Boynton Beach Blvd. Section from 1-95 to Seacrest Blvd. 62 458 n MID T I- TL S u IX.1------I V'r ---- 1)0 ff 4JO ] 'I Figure 17: Boynton Beach Blvd. Section from 1-95 to Seacrest Blvd. 62 458 Boynton Beach Boulevard Design: East of Seacrest Boulevard Figure 18:Boynton Beach Blvd. Plan from Seaoreo Blvd. toFederal Hwy HZEIIIIIIIIM ,low "M ... . ...... .. AlQ 59 | AlQ 59 ~ KA,� Figure 18:Boynton Beach Blvd. Section from Soaormg Blvd. 0oFederal Hwy. The predominant existing future land use designation along the Boynton Beach Boulevard corridor is Local Retail Commercial. Other future land use designations are Public and Private and Governmental/ Institutional (where City Hall is located) and Office Commercial. The Local Retail Commercial designation only extends one-half block to the north and south of Boynton Beach Boulevard. The lack of depth has prevented successful projects from being developed along the corridor. In order to encourage a vibrant corridor with the desired private development and public spaces, it is recommended that the following future land use changes be made: • From 1-95 east to N.W. 1 st Street, change Local Retail Commercial and Low Density Residential to Mixed -Use Low. The Mixed -Use Low land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N.W. 1st Street east to N.E. 3rd Street, change Local Retail Commercial, Public and Private Governmental/Institutional, Medium Density Residential, General Commercial to Mixed -Use Medium Future Land Use. The Mixed -Use Medium land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N. E. 3rd Street east to the FEC Railroad, change General Commercial, Industrial, Local Retail Commercial to Mixed -Use High future land use designation. The Mixed -Use High future land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. Below is a table showing the proposed land use and zoning designations that will apply along the Boynton Beach Boulevard corridor: Table 3: Recommended Future Land Use (FLU) Classifications within the Boynton Beach Blvd District LAND USE DENSITY CORRESPONDING ZONING DENSITY I+1A AP HEIGHT ..._._. .................. Low Density Residential 5 R1 AB., PUD, MHPD 5 0' m Mixed -Use e Low 20 MU -1 20 . .... ..... M i edl-Us,e ................. MU �� 5' Medium 5g �.,.,-..,- ...............��. „......_""""""" , �„.........., ...... „ MU -3 5,0 75' MU -4 ..,..,..,..,..,..,..,..,..,..,..,..,.. ,, 60 ,,..,..,..,..,..,..,..,..,..,..,..,,. 100, Mixed -Use Hugh _ MU Core 1, * . ......... ......... ......... ..... ......... ......... ......... ................................................. Properties located within the TOD may recieve a 25% density bonus _. 64 460 Figure 20: Recommended Future Land Use for the Boynton Beach Blvd. District MU Low • 20 du/ac (incentivized units), • 'ax height 45' • Redevelopment / infill • Commercial uses required • Parking at rear • Public greenway to buffer SFR • Two story max at street • Buildings set back to allow for pedestrian zone Town squaire * 40- 50 du/ac * Max height: 65'-75' * TOD Bonuses (height / density) * Commercial uses required MU- Med • 40-50 du/ac • Mlax height: 65'-75' • TOD Bonuses (height / density) • Commercial uses required • Max 4 stories on street MU- High * 60 — 80 du/ac �Max height 150' * TOD Density, Bonus * Commercial uses required * Max 4 stories on street Figure 21: Boynton Beach Blvd. Example Projects 65 461 462 I ee il111'°uuuineuimdatliioui s Quidit IIII':'�esliirI urm Create an overlay district for Boynton Beach Boulevard to control height at street frontage, building setback, design, uses, and overal character. • The building shall be setback to accommodate the pedestrian zone. • Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard. Automobile oriented uses, such as, gas stations and car washes, are prohibited. Drive-thrus are only permitted when not visible from right-of-ways and completely behind a structure. • Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. • Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' deep. • Parking shall be located to the rear or side of the property. MU -L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton Beach Blvd. • All buildings along Boynton Beach Blvd shall have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Boynton Beach Blvd. • Mixed use projects adjacent to single-family areas shall include greenways for proper buffering Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 22: Example Greenway Recommended on First Avenue 67 463 Figure 23: Example of Mixed Use Low Project on Boynton Beach Blvd. Figure 25: Boynton Beach Blvd. District Master Plan 68 464 Figure 24: Example of Mixed Use Medium Project on Boynton Beach Blvd. 69 465 466 IIIatrod uctIri IIID IIID 'lull IIID g C"°°°a eIIID"°°°° IIII IIID VIII IIII IIID s .......... I '']��ie IIIII§IIIaIII 467 IIII ui��tui��„��d �ctlii o urs ................................................................... The most recent planning effort that targeted this area was the Downtown Vision and Master Plan adopted in 2009. Prior to that, the Ocean District Plan was adopted in 2004 to guide redevelopment of Ocean Avenue between Seacrest Boulevard and the F.E.C. Railroad tracks, and the properties surrounding this corridor including "Town Square". The common vision of both plans was to create a cultural district anchored by the Children's Schoolhouse Museum, library and civic uses, and to maintain and reuse the historic structures. The City invested in a streetscape project along Ocean Avenue in the late 1990's. The CRA purchased a historic structure at 211 Ocean Avenue that is in the planning process to be converted to a bar/restaurant, and moved another historic structure onto Ocean Avenue from N.E. 1 st Avenue to create a cafe. In 2011, the CRA developed the amphitheater where most of the CRA events are held. The goal of these projects has been to activate Ocean Avenue as a quaint gathering place and link to downtown and marina. The Cultural District, at 28 acres, is the smallest of the six planning districts. Its boundaries are Seacrest Boulevard to the west, N.E. 1 st Avenue to the north, the FEC Railway to the east and S. E. 2nd Avenue to the south; it is adjacent to the Boynton Beach Boulevard District and the Downtown District. The western section of the District (west of SE 1st Street) is almost completely occupied by civic uses. The remaining part of the district has a significant number of single-family homes, and several small, older multifamily condo and apartment buildings. North of Ocean Avenue, several vacant parcels are part of a land assemblage targeted for redevelopment. 12 468 The Cultural District has some unique redevelopment challenges. First, the ownership pattern (seven condominium buildings) makes assemblage of developable parcels difficult. The cost and difficulty of assembling these condominium sites make the redevelopment of sections of the District a long term prospect. A disconnect between the current future land use classifications within the Districtand recommendations of the redevelopment plans has been a source of confusion for both residents and investors. A lack of active uses such as cultural venues, restaurants or galleries, discourages visitors from venturing into this area of downtown. Narrow sidewalks or no sidewalks on some streets exacerbate the problem. While the civic campus, including City Hall, the library, the Civic Center and the Art Center attract people during the day, they have no reason to stay in the District. Several factors were considered in determining the land use designations for the Cultural District. First, located directly east of the District is the future site of the station for the planned Tri -Rail Coastal Link commuterservice on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a'/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is that the Cultural District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The existence of these transportation -oriented designations is a factor in considering where increased height and density will occur within the CRA district. The Cultural District, while not an area appropriate for the height recommended in the Downtown District, is located within both the DTODD and the TCEA, supporting the move to higher densities. A third consideration is the public-private partnership opportunity for the 16 plus acre civic campus, a major potential catalyst for redevelopment at the western end of the downtown core. The relocation of City Hall within this area would make land available at a prominent intersection along Boynton Beach Boulevard. A charrette was held and study prepared yielding various design options supporting higher densities and a mixed of civic, residential and retail uses. Figure 27: Example of District Planning Challenges 73 469 Iii sliiioui�� The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. The concentration of public art and other cultural amenities will foster a sense of community. Public events such as the Kinetic Art Expo and the Haunted Pirate Fest are already anchored within the District and attract residents and visitors to experience Boynton Beach's unique character. Ocean Avenue will maintain its character through the creation of an overlay district. IIID'�"�ccoui�imururuueuirm�tatlii�ui�s Si°ui�e�t.�cs . c Streetscape enhancements are recommended for both Ocean Avenue and Seacrest Boulevard. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: Ocean Avenue • Implement a Complete Streets program for Ocean Avenue to accommodate bike lanes and bike racks, safe pedestrian crossing at the FEC Railway and on -street parking where possible. • Create a curbless festival area between Seacrest Boulevard and S. E. 1st Street • Enhance the intersection of Ocean Avenue and Seacrest Boulevard with a vertical entry feature, with changes in surface materials such pavers and paints. • Add signage at the FEC Railway announcing entry into the Downtown area. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Minimum 8' wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales Streetscape Enhancements • Oft -street parking • Designated bike lanes & facilities Landscaping/street tree 1 tnproverne nts • Sidewalk expansions and repairs - Publ art a longi Memo Curbless'festival street section Material and pattern enhancements Figure 28: Ocean Ave. Streetscape Recommendations 14 Streetscape Enhancements On street parking DeWqnated bke lanes p Reduce lane width Enhance cr ssmAk , Figure 29: Seacrest Blvd. Streetscape Recommendations 470 • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development Seacrest Boulevard • Implement a Complete Streets program for Seacrest Boulevard to accommodate bike lanes and bike racks, safe pedestrian crossings, required on -street parking, and consideration for rotary intersection design at Ocean Avenue • Install public art in key locations • Provide additional pedestrian crossings where needed • Underground overhead utilities Figure 30: Example Entry Features to the Cultural District Figure 31: Location of Entry Features to the Cultural District Figure 32: Ocean Ave. Festival Street Section 471 The predominant existing future land use designation within the Cultural District is Public & Private Governmental/ Institutional. This designation covers 16.5 acres and includes the blocks of City Hall, the library, etc. Other future land use designations are High -Density Residential, Local Retail Commercial and Low Density Residential. In order to encourage redevelopment of this district into an active, economically viable area, the proposed land use designation and zoning changes are proposed: • Change entire district to Mixed -Use Medium land use designation Table 4: Recommended Future Land Use (FLU) Classifications within the Cultural District Figure 33: Cultural District Example Projects • Create an overlay district for Ocean Avenue to control height at street frontage, building setback, uses, etc. L i U DENSITY' l�EVOII VIN ZONINGDENSl �MAX, ! �, HEIGHT U Core 80 15or MU -4 100,, mixed-ulse MU 510 75' Medium MU 2 40 55 .....� *Properties located within the TOD may recieve a 25% density bonus 76 472 " c ° „ ui nui°°ur°uucui datliioui a ui llbauim IIII'aaalii ui Create/ modify an overlay district for Ocean Avenue, which encompasses the entire Cultural District, to control height at street frontage, building setback, design, uses and overall character. • Ocean Ave will be designed to have a streetwall (building faces) abutting the pedestrian zone. • Active commercial uses shall be required on the street frontage of Ocean Ave. Automobile oriented uses, such as gas stations, car washes, and drive-thrus, are prohibited. • Structures along Ocean Avenue shall be designed to the pedestrian scale and have a maximum height of 35', consistent for a depth of a minimum of 30'. • Maximize glazing on first floors • Require street canopy trees • Public spaces such as plazas or greens shall be created as part of each project. Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Streetwali Design • 35" max fronting Ocean Ave. • Additional height mint be stepped back 3g,. Commercial uses required along Ocean • Public spaces such as plazas or green areas required along Ocean • Maximize glazing on first floor • Pedestrian shade Figure 35: Ocean Ave. Streetwall Design MBr�ha%w�rr�u�aq.�'tt`q�"M�s,ur° tl:rtesvakl i R:wr..rvrct1f PvJ"V60 "f'm! Figure 36: Ocean Ave. Design Diagram 0 77 473 Figure 37: Example of Mixed Use Medium Project on Ocean Ave. 78 474 ,,,,��,,�.,,,,�, '%;,;; �� ice✓;; ,,,,,,,,,,,,,.. ..�%.. oi,,,,,, Figure 39: Example of entry and streetscape in the Cultural District 475 �,(IINdt� III 0 �'wrvv Roll, II �V I"l V �4p f f ra.. 5 1 1J 4 N jj WWW ME o-, Roll, ra.. mm 476 111111111111 ,Downtown DistrictArl, ilii tii 'hili hili .......... I iiiii iiiii ilii 477 IIII ui��tui��„��d �ctlii o urs ................................................................... The Downtown District has been included in several planning efforts including the Federal Highway Corridor Plan, the Downtown Vision and Master Plan, and the original CRA plan adopted in 1984. It has long been the desire of the City to reinvigorate the historic center of Boynton Beach. Some progress has been made toward this goal with the development of the Casa Costa, Marina Village condominiums, and the soon to be completed 500 Ocean mixed-use development. The CRA has invested in the redevelopment of the Boynton Harbor Marina to create a tourism destination, preserve a working waterfront and support the boating community. The Agency planned and constructed the Boynton Beach Promenade that extends from Federal Highway to the Intracoastal Waterway; the Promenade also connects to the City's Mangrove Walk Park and the Marina. The Downtown District is bound to the north by N.E. 7th Avenue, to the south by S.E. 12th Avenue, to the east by Federal Highway and the Intracoastal Waterway, and to the west by the FEC Railway. The District connects via Federal Highway and S.E. 4th Street to the secondary development node at Woolbright and Federal Highway. Downtown Boynton Beach is easily accessed via 1-95 and Boynton Beach Boulevard: the distance from 1-95 to Federal Highway is less than one mile. The City's beach at Oceanfront Park is only 1.7 miles from 1-95 or, for residents of one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri -Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within '/2 mile of the future station. 32 478 Unlike Delray Beach or West Palm Beach, Boynton Beach historically has only had a very small downtown area. It extended from just east of Federal Highway to west of Federal Highway at Ocean Avenue. There have been very few commercial buildings that could be repurposed into restaurants and stores as Delray Beach has done. Consequently, the first CRA Plan adopted in 1984 concentrated on the downtown area (smaller than proposed in this plan) as a redevelopment priority. Some of the planning challenges are: • Lack of developable parcels — assemblage is required • Property owners have unrealistic expectations of the value of their property • Not pedestrian friendly • No shade trees • No public parking areas and little on -street parking • Lack of wayfinding signage • No design theme to create an identity • Limited space on Ocean Avenue to locate retail and restaurant uses .2.n:2.ICL .�,w,m.!!!r.a:tJ oi!!i i Several factors were considered in determining the land use designations for the Downtown District. First, the downtown will be the future site of the station for the planned Tri -Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is that the Downtown District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The existence of both of these transportation - oriented designations is a factor in considering where increased height and density will occur within the CRA district. The Downtown District's location in the center of both the DTODD and the TCEA supports the highest density and height within this district. Figure 41: Example of District Planning Challenges 3 479 81 480 sliiioui m Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. : iii eetsc4.P.q Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On -street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Minimum 8' wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco -trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. 85 481 To attract new residents and businesses, the area must present a unified vision for the future. Therefore, it is recommended that the changes to the Future Land Use map be made using the new future land use/ zoning structure as shown: Table 5: Recommended Future Land Use (FLU) Classifications within the Downtown District HU USE DENSITY CORRESPONDING ZONING DIEN ITS' MAX CAIS WEIGHT High lDensity 1 4, IP'UD, PUD 15 45" Residential Mixed -Use MU -2' 40 Medium MU -3 50 7° Mixed -Use High 80 I IU -4** 60 100, 11U Care 80 1150, General -4 Commercialm��a n1a 45' lndurstrial IVa I'-11 n/a 4' Recreation) Iva recreation; n/a 4' Properties located within the TOD may recieve a 25% density bonus MIU- High 80 dulac (zoning W -Cor ) Max 'height, 150" TOO Density, Bonus Cornnierc'iam uses, required to ron't Federal Hw 50° Base Maximum U-- Med 40- g dLdac Max height: 65'-75' TOD Eonuses (height I deins,ilty') Commercial Arses required to front; Federal Hwy Building frontage required on SE. 40, Street Max 4 stories on SE 4111 street Figure 42: Cultural District Example Projects 36482 ME P, ofj & JWY�A�pl� 6aPXO�,p e w ubirmwaa PNh DymmOy Ho,i,AN & W J WHO 15 &I'm * ,wpll Cmowpq I VPpAqlmyw 4,S4 10P) 20xljw�x, raWOVIO GPPW�� Rtlka, U:ImmiumM d ftr� �.M q A—w-M LN" 4 QW OX"Rf p ',TN "AAWC Lk"W, A'Awke'r, AM AM V 10 ruva! JAN II d &Kpu JiN 0 9 wQ Figure 43: Recommended Land Use for the Downtown District M 483 IIII"�'c�°:��„��ui�r�ui°°ur°uueuidatlii'�ui� s ui�llhaui� IIII'aem�Iii ui In order to promote an active and walkable built environment in the Downtown District, the following recommendations apply: • Active commercial uses shall be required on the street frontage of Ocean Ave. Automobile oriented uses, such as gas stations, car washes, and drive-thrus, are prohibited. • The build -to line shall accommodate a ten foot sidewalk, mature shade trees (at install), street lights and street furniture • Buildings fronting Federal Highway, Boynton Beach Boulevard and S.E. 4th Street shall have a 60-90% window to wall ratio on the first floor. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone • Buildings fronting Boynton Beach Boulevard or Federal Highway shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard and/or Federal Highway shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' deep. • Parking shall be located to the rear or side of the property. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd or Federal Highway. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. • Where mixed use development is proposed adjacent residential areas, the residential areas shall be protected through the residential compatibility standards and the use of landscape buffers and/ or walls as appropriate. Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 44: SE 4th St. Example Mixed Use Medium Project 88484 -IRv.5idenl4,fl/Cl,ff me ��-' L Lfl i:'" r� ` a ��a��/�r l#.e'4'ka 0IV C)gi ige a Wrycle Path Vara#,&fl On site Parking } ede,gvian ?'one iPV.,deShiann cooir 1, i� ji -Pdl'drgt. 9iGJn Zra, Parallel P4mking Un- ^ ,lo a INN" lIg ERR Figure 45: SE 4th St. Design Diagram 89 485 Figure 46: Example of Mixed Use High Project in the Downtown District 0 486 Figure 47: Downtown District Master Plan 487 92 488 Federal Highway D IIIatrod u , VIII IIID IIID Illl i VIII IIII °°a e ln g e s .......... I°°°° VIII VIII IIID °°° '� IIID IIII""'� IIID � "' VIII Illli 93 489 IIII ui��tui��:�d �ctlii o urs ................................................................... The Federal Highway Corridor is approximately 2.5 miles long and runs from the north to the south City boundaries. Corridor redevelopment has been difficult, given the glut of outdated commercial buildings as well as land use and zoning generally out -of -step with the changing economic environment and current vision. In 2001, to address the blight along the Federal Highway corridor, the CRA and City adopted the Federal Highway Corridor Community Redevelopment Plan. The Plan was updated in June of 2006. The Federal Highway Corridor District benefited from redevelopment activity more than any other district. The land use changes recommended by the 2001 Plan and its update resulted in the development of 2,358 new residential units in the five new projects at the north end of Federal Highway and eight projects along the south end of the District. The CRA recently completed a capital improvement project in the area of the FEC right-of-way, on the west side of Federal Highway between the Stanley Weaver (C-16) Canal and N.E. 15th Avenue. As part of this project, new landscaping, irrigation, lighting and a new entry sign for the City were installed. This District consists of two sections, North and South. Each section extends north and south from the Downtown District, ending at the City's boundary. On the west, they are mostly bounded by the F.E.C. Railroad right-of-way; on the east, both border on the Intracoastal Waterway. The South and North sections of the District represent the main entries into the City from US Highway 1. There are two major arterial roadways in the district: Gateway Boulevard, an east -west arterial between 1-95 and Federal Highway, and Federal Highway, which runs north/south through the entire CRA district. The district is home to two City parks: the Harvey Oyer, Jr. Park with 8.79 acres and the Intracoastal Park with 8.97 acres. Both parks provide residents with access to the Intracoastal Waterway. 91 490 Figure 48: Federal Highway District (North) District Location Map 95 Figure 49: Federal Highway District (South) District Location Map 491 IIII'tl'.IIIL�.!!I�.III�.iii..I!!.2.... �.,III.g.11ll.11ll.aq�..gm. One of the most challenging aspects of the north section of the District is the geographic layout imposed by the location of the FEC Rail line and the Intracoastal Waterway. The insufficient depth of land on the west side of Federal Highway makes certain areas undevelopable or at least difficult to develop. On the east side of Federal Highway, the depth of commercial lots is also inadequate to build anything that is responsive to the market. Land assemblage is required to create a developable site; moreover, there are only a few vacant parcels. Among numerous outdated commercial buildings, some are vacant and many under maintained. Additionally, many of the uses are not compatible with the vision of the Plan or with the adjacent residential neighborhoods. Another predominant feature that is creating visual blight is the abundance of overhead utilities. Old utility poles often remain after new poles are installed, taking up precious sidewalk space. The sidewalks are too narrow to allow two people to walk side-by-side or to accommodate the installation of mature shade trees and decorative streetlights. j There are insufficient bus shelters along Federal Highway, even though Route 1 is one of the most used of all the Palm Tran routes. Due to the scale of Federal Highway, the buildings and uses have been oriented to the automobile. There is little in the design of the road, sidewalks or buildings that would encourage biking or walking as an alternative to driving. The drive lanes of Federal Highway are 12' wide, encouraging speeding adjacent to the sidewalk. A major challenge to redevelopment in the area of Federal Highway is the lack of developable parcels. Figure 50: Example of District Planning Challenges 96 492 iiii::i:s.ii. , .!!1ra,Ul olin s There are several additional factors to consider for redevelopment recommendations along the corridor. The first one is a close proximity to the waterfront, including direct access to the barrier island and oceanfront recreation areas as well as direct access to the Intracoastal Waterway through three public parks located at each end of the corridor. However, it also makes the District vulnerable to flooding from high -tide events, storm surge, stormwater runoff and, eventually, the related impacts of sea level rise. Areas along the east side of the corridor are especially susceptible to flood damage, with large sections both north and south under FEMA -designated Special Flood Hazard Area (SFHA) and storm surge zones extending west past Federal Highway. Portions of these areas are also within evacuation zones for category 3 and 4 hurricanes. Both the north and south parts of the District overlap with the Comprehensive Plan's Coastal Management area, and therefore are subject of all its policies. The main focus of these policies is flood prevention and mitigation, including policies regarding certain uses, development intensity increases and public infrastructure improvements in areas most prone to flooding. All have to be taken into consideration in redevelopment decisions, striking a balance between people's desire to live on the water and the need to reduce threat to life and property from natural hazards. At the same time, the policies strongly encourage that public waterfront access be a part of all waterfront development. The return of passenger service to the F.E.C. Railroad as part of the Coastal Link project will also serve as an attraction to downtown living and working as the City redevelops. A portion of both segments of the corridor is within the Downtown Transit Oriented Development District. The entire corridor, future train station and the existing Tri -Rail Station is accessible via a short bus ride on one of the County's most ridden Route #1. 97 493 98 494 liisliiioui�m� The Federal Highway Corridor shall serve as a major point of entry into the City and the downtown from both the north and south direction. There shall be a mix of uses that front the road, improve and activate the area. The streetscape will encourage biking and walking by providing shade, attractive lighting and a sense of safety. The single-family neighborhoods will experience an increase in value and become more attractive to buyers. IIII°fcc�°��uimui°m°uueuirm�`�a�:lii�mmui�s Stui�cetsca e Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Create a Complete Street design for Federal Highway including the addition of: • On -street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales • Require installation of canopy trees that provide immediate shading at time of construction • Underground overhead utilities • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Street per the Connectivity Plan 99 495 To encourage land assemblage for redevelopment of the corridor, the Plan recommends the application of the newly created future land use classification (Mixed -Use Low with a density of 20 units per acre) and zoning district (Mixed -Use 1 zoning with a 45' height limitation).This new land use designation will allow flexibility to develop retail and residential or retail and office uses, allowing the market to determine the best mix. The Mixed -Use Low would apply to the Federal Highway frontage and to Gateway Boulevard at the Federal Highway Intersection. Currently there is commercial land use at this location; however, it is in need of upgrading. Compatibility ordinances will be utilized to minimize impacts of commercial uses on adjacent residential neighborhoods. To allow for growth within the CRA and the City, it is recommended that the new mixed-use zoning category—Mixed-Use 4 with a density of 60 units per acre and 100' height limitation—be applied at the four corners of Woolbright and Federal Highway. Below is a table of the proposed land use and zoning designations that will apply along the Federal Highway corridor: Tahla R- Rarnmmanriarl Fiihira I nnrl I Ica (FI I Il ('laccifirntinnc Within tha Fariaal nktrirt LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX GAP* HEIGHT (Mixed -Use High 88 MU -4, IMU Gore 60-80 180'-158' Mixed -Use 50 MU-2,.IMU-3 46-58 65'-75' (Medium Mixed -Use Low 20 MU -1 20 45' Special High Density 20 IPUD 20 45' Residential High Density 15 R4, Infill -Planned Unit 15 45" Residential Develo ment (Medium Density 11 R3, Infill Planned Unit 10-11 45' Residential Development Low Density 7.5 RI -AAA, IRI -AAS, IRI -AA, 5-7.5 30' Residential R -1A, R-1, IPUID Recreation n/a Recreation n/a 45' Properties located within the TOD may recieve a 25% density bonus Figure 51: Federal Highway (North) District Example Projects Mixed Use _ High GO Wat. (?rnfawfag MU,4) M@X 11p94�V, 10' CoMmile ° W u ueg requ vr(4t to tw nl F(Agufa# Hwy ��i"r�,h5�^Nutiar.dcrta�n7c� �� W- (vow C fgg11IlA�p'Y& M�ruIN Figure 5 Projects 100 496 Figure 53: Recommended Land Use for the Federal Highway (North) District Figure 54: Recommended Land Use for the Federal Highway (South) District I W 497 The following urban design guidelines are recommended for the Federal Highway north district: • The buildings shall be set back to accommodate on -street parking and the Pedestrian Zone. • All overhead utilities shall be installed underground. • For buildings incorporating commercial uses, these uses must front Federal Highway and shall maximize glazing facades visible from rights -of -ways. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting Federal Highway shall have a minimum height of 30' • Buildings fronting Federal Highway shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' deep. • Parking shall be located to the rear or side of the property. MU -L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Curb cuts shall be permitted on Federal Highway only when access is not possible from the rear or side. • Adjacent single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. • Building roofs shall have vertical breaks to prevent long unbroken spans. • Building facades shall be articulated with plane changes at least one foot deep with changes in color texture and material. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. I 02 498 Figure 55: Example High Density Residential Project Figure 56: Example Mixed Use Low Project I 03 499 I of 500 District VIII IIID a ID riVIII IIID g C°""a e ID IIID IIID IIII IIID �� IIID 'iiiii ' IIID 'illll IIII �� .......... I '']��ie ii 'ii IIID I05 501 IIII ui��tui��:�d �ctlii o urs ................................................................... The Heart of Boynton District is a 380 -acre neighborhood developed predominantly with single-family homes. The neighborhood has several parks, two public schools and numerous churches. Unfortunately, it has been the victim of disinvestment over the last 50 years. The two Census blocks of Tract 61 which encompasses this District have the median household income of $20,848, the lowest in the City. To counterthe decline of the neighborhood, in 2001 the CRA and City adopted the Heart of Boynton Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the original plan and add new projects to reflect the current market conditions. A number of recommendations of the original CRA Plan have been implemented, including: • The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace site – Ocean Breeze West – into 21 single- family homes Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. C. Stanley Weaver (C -Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the FEC rail line to the east. The area is within walking distance of the Cultural and Downtown Districts. A major arterial road—Seacrest Boulevard—runs through the neighborhood north/south. Martin Luther King, Jr. Boulevard, once lined with locally -owned businesses, runs east/west. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools are STEM schools (Science, Technology, Engineering and Math). There are a number of parks and special use areas within the neighborhood, such as, Carolyn Sims Community Center, Galaxy Park and Scrub and Sara Sims Park. The Heart of Boynton District is bounded by the I 06 502 Figure 57: Heart of Boynton District Location Map I 0 1 503 IIII'tl'.IIIL�.!!I�.III�.iii..I!!.9.... �.,III.g.11ll.11ll.paq�..3.mf. The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non -profits, continue to develop single-family homes, but Both Seacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi -family Boulevard have older, ill -maintained power poles with rental housing. The problem is that—given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled through some form of a subsidy. Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that allow loitering and illegal activities for all to see, discouraging people to buy homes or invest in businesses within the area. The District is comprised of small parcels platted in the 1920's – 1930's, during Florida's land boom. The parcels are owned by many different people making assembly of a developable site very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use ti is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four - lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through Figure 58: Example of District Planning Challenges I 08 504 „.oiiii::i:s.ii. ,e ra,Ul olin s Several factors were considered in determining the land use designations for the Heart of Boynton District. A future commuter rail station for the planned Tri - Rail Coastal Link service, which will serve the South Florida metropolitan region, is planned for downtown at N.E. 4th between Ocean Avenue and Boynton Beach Boulevard. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a'h mile radius around the station's location, including a portion of the Heart of Boynton. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designations overlap. However, because this District is a low - scale neighborhood, no increase in height over 45' is recommended. Historic District. There are a significant number of historic cottages located along both sides of NE 3rd Avenue and the south side of NE 4th Avenue between N. Seacrest Boulevard and NE 1 st Street. In order to protect these cottages while allowing commercial redevelopment of the south side of NE 3rd Avenue, the Plan recommends that: • The historic cottages from the south side of NE 3rd Avenue be relocated to the vacant lots on the north side of NE 3rd Avenue. • On completion of the relocations, a historic district, tentatively called Shepard Funk Addition Historic Cottage District, be created within the block enclosed by N. Seacrest Boulevard, NE 1st Street, NE 3rd Avenue, and NE 4th Avenue. I09 505 Iii sliiioui�� The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. ccuii°mur°m°uu. un';atliiouis Stuff cetsca p,g Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on -street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping • Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings (including mid -block) along Seacrest BoulevardAddition of canopy street trees • Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Minimum 8' wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales • Require installation of canopy trees that provide immediate shading at time of construction • Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco -trail to connect the existing scrub and linear parks per the Connectivity Plan I G 506 Figure 60:GeaorestBlvd StrootsoapoArea 4�Max. Figure 62: MLK JR. Blvd. Street Section 507 The existing land use designations within the Heart of Boynton District are: • Low Density Residential — 5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential — 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed -Use — 40 units per acre (this land use designation is placed on the CRA -owned Ocean Breeze East block and on CRA -owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Govern mental/I nstitutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use (FLU) Classifications within the Heart of Boynton District LAND USE DENSITY CORRIESPGNDIIINGZONING DEINSI * MAX CAP HEIGHT Mixed -Use Mediiu m 54 MU -2, MU -3 50 75' Mixed -Use Low 20 MU -1 20 4" IHi h Density Residential 1;5 R4, IPiUD 15 45' Medium Density 11 R, (PUD Residential 11 45' Low Density 75 R -1 -AAA, R -1 -AAD, R -1 -AA, IR -1-A, R-1, Residential PUD 7.5 45' (Local Retail Com mercial n/a C-2, C-, PCD n/a 45' General n/a C-4 Commercial n1a 45' Industrial n/a M-1' n/a 45' PPGI; n1a Public Usage n/a 45' Recreation nJa Recreation n/a 45' Properties located within the TOD may recieve a 25% density bonus I 1508 Figure 63: Recommended Land Use for the Heart of Boynton District LEGEND 5abto'llA WI u Waw wN�!°e�✓k1r Gf�,',�nbA*ud Ali i��a a o.�ieM h�W,m,�rv�r4'��i+��err d&�u �a,�waA�M��l�tld'mtlaB wli ��aw��: wp C'"4nnip'e bjaA: )A Muwi P OlJWW' ffWux ar ®! !Fw6A,u rrPo Hqr, DOM, sig Y;immu),,c W S&I'dAlt ��/��i///��/�// uktiBO'Aw,AA."O flMj ,� , �'01111ffiijy�9. N uo,. ti$gl WOoruufe Wuififf VIIy"IM,i. b W40,))V O(MI o'l uki Sol Q, � E�xruxR wl, 11,11N Mh IN b.:1�'9,.Ww.= emAuorrrtiuir WIM.OdOWww�AA�cw,W�laWe a„ w� : eWne I I 3 509 IIII"�'e�°:��„��ui�r�ui°°ur°uucuidatliioui� s ui�llhaui� IIII':fem�'Iii ui • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. • Parking shall be located to the rear or side of the buildings • Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear or side. • When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. ..K, CoMroe ci Ib Model Slock rear Breeze, !East Gc)ttage District— Proposed 1is ork off.age District Figure 64: Heart of Boynton Projects I I 1 510 Sara Sims Park Expansion Working with residents of the community, the CRAand its consultant created a master plan for the expansion and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. Staff will review the feasibility of converting a portion of Sara Sims Park Master Plan, along the western boundary, from Recreational Land Use to Single Family. This process shall include a public meeting, the Parks and Recreation Board review and recommendation, and City Commision approval. Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th Avenues. The CRA is seeking a private development partner to build a multi -family project on the site. Cottage District The CRA owns approximately 5 acres on the block between N.E. 4th and 5th Avenue. The CRA's goal for this site is to attract a private development partner to build single-family for -sale homes in the style of the surrounding historic cottages. MLK Commercial Leveraging CRA -owned land and economic development grants, the CRA was able to bring a Family Dollar store to the Martin Luther King, Jr. Boulevard corridor in 2015. The CRA owns additional land on the corridor and continues to work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA -owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. Figure 66: Ocean Breeze East Figure 67: Cottage District II5 511 Figure 68: Example of a Commercial Project on MLK Jr. Blvd. I I 6 512 Figure 69: Example of Multi Family Project on MLK Jr. Blvd. 513 I I8 514 In dLIS tria I Craft D ilri t ro d i 'hili hili iiin ri'iiiii iiiiiiaa e ia .......... I `]��ie hili ilii in 515 IIII ui��tui��„��d �ctlii o urs ................................................................... Prior to this Plan, the Industrial Craft District has never been included as part of a Community Redevelopment Plan. The 49 acre area is entirely comprised of industrial uses; however, there is a burgeoning arts scene utilizing some of the existing warehouses for art studios. It is the goal of the CRA and City to make necessary investments to the Industrial District to ensure its economic sustainability. The Industrial Craft District is located in the westernmost area of the CRA district, bordered to the east by 1-95, to the south by Boynton Beach Boulevard, to the west by West Industrial Avenue, and to the north by the C. Stanley Weaver canal. The area directly to the west of the District is a single-family neighborhood, with minimal buffering against the industrial uses of the District. Figure 70: Industrial Craft District Location Map I0 516 While there are some newer buildings interspersed throughout the District, it is an area of older warehouses build in the 1960'— 1970's. Many of the buildings have not been upgraded and are not well maintained. The area has easy access from both 1-95 and Boynton Beach Boulevard, yet there is little visibility from either roadway; there is no signage identifying the District. Some of the business use the public right -of way along the roads to store broken equipment, causing the area to appear uncared for. As the businesses lack parking, the right-of-ways are also used for staff and customer parking, and vehicles storage. Also, most of the area has no sidewalks, forcing pedestrians to walk in the street. Moreover, there is insufficient street lighting, making the area feel unsafe in the evening. The emerging art district, while being an opportunity, is also a challenge. Current Zoning Regulations allow for artists' studios in industrial areas, but do not permit art galleries, which would enable the District to evolve into a unique industrial crafts hub. Additionally, as described above, the area lacks infrastructure necessary to safely accommodate the public events. Lastly, although the art production (i.e. involving industrial materials and processes) may qualify as industrial use by current Zoning Regulations, the art district represents competition for space that the City may intend to reserve for the more traditional industrial businesses that would support the tax base, employment and other economic objectives of the City's Economic Development Program. The City's plan for preserving and expanding lands available for such uses may warrant the establishment of a boundary intended to limit the expansion of the arts district. Principal considerations in evaluating the redevelopment potential and vision for this District include its location, the relatively new art district, and the types of businesses that would represent a successful symbiotic relationship between the industrial and art worlds. The location of this District is an important consideration given its partial visibility from 1-95 and ideal access from all directions. (High traffic counts on Boynton Beach Boulevard and 1-95 interchange have warranted the State DOT to plan for a major expansion.) There is the opportunity for very visible wayfinding signage and branding. As indicated above, an arts district has emerged in this industrial area; this happened in many other cities where local artists sought affordable rent in older warehouse neighborhoods. Negative aspects notwithstanding, an arts district can contribute toward the City's image and local cultural tourism, as well as motivate investment in public infrastructure that the area needs. Figure 71: Examples of District Planning Challenges 517 Iii sliiioui�� The goal of this Plan is to ensure the development of the Industrial Craft District as a viable, modern industrial crafts district that will accommodate a range of uses and businesses while providing economic benefits for the City. IIII°fcc��ui�i°mui°m°uucui��''�atliioui�s Ill....aui�d ��IIVse ................................................................................................................................................................. The existing Future Land Use Classification within the District is Industrial; no changes to the Land Use are recommended. The existing permitted uses shall be expanded to include new uses that would complement and promote the unique character of the district. Introducing flexibility into the City code relative to permitted uses will help to attract young entrepreneurs. Figurew72 Use Iii 518 Streetscape enhancements: • Create branding elements including entry and wayfinding signage • Review LDRs for revisions to the sign code to allow for signage to be visible from 1-95 • Installation of public art at Boynton Beach Boulevard • Landscaping enhancements • Installation and repair of sidewalks • Addition of on -street parking • Installation and enhancement of vehicular and pedestrian lighting • Construction of buffer wall between the single-family neighborhood and industrial area Protect adjacent VM - JIW • • • d Enhance buffer & visibilitylandscaping ------------------------------------------------------------------------- Enhance 1-95 0 Review signage regulations 6 Allow additional heig Entrance enhancements Signage Unique bus stopi Public bi • Figure 73: District Enhancements I 23 519 5'Sidewalk 1 5'- 1 O'Swafe I f O'Pa ral le [ Parkin�g 1 12' One -Way . Figure 74: Example West Industrial Ave. Section 21 520 Figure 75: Example of buffer wall and pedestrian improvements on West Industrial Ave. I 2 5 521 E. Implementation Guide Introduction Planning & Policy Development & Capital Projects Initiatives & Programs Introduction The Implementation Guide, covering actions critical to the implementation of this plan, includes three sections: Planning & Policy, Development and Capital Projects, and Initiatives & Programs: • The "Planning and Policy" section covers the amendments to the City's Comprehensive Plan and Land Development Regulations, which constitute the regulatory framework for the implementation of the Plan. In addition, this section includes (i) actions aimed at enhancing readiness of selective sites for private investment by changing their land use and zoning to reflect the Plan's recommendations; (ii) Complete Street program; and (iii) the parking study. • The "Development and Capital Projects" section focuses on the specific on -the -ground actions, including the preparation work for the Town Square Project, property acquisition for parking structures and streetscape improvements, signage and entry features as well as establishment of CRA incentives for bringing in desirable development. • The "Initiatives and Programs" list other actions to be undertaken by the CRA as a City's economic development organization, such as marketing, business development and special events. Taken as a whole, the tasks identified within this Guide provide actions and mechanisms intended to directly and indirectly spur new investment and development within CRA. 524 Planning & Policy Table 8: Planninq and Policv Implementation Steps 'Consultant maybe N red by CRA to c o m p lete th is task 129 525 Proposed Responsib Funding Highest ID Project Name Project Description le Party Source Priority Amend Comprehensive Plan's Future Land Use P-1, Comprehensive Element to �rnplement the Future Land Use City City Plan Update classificafion, structure recommended by the CRA Plan, Land Review Land Development Regulations and generate P-2 Development recornmendafions, to ensure consistency with the CRA Staff,/CRA' CRA Regulations, Audit Plan Amendments, to R-3 Land 1: m ptement rec o,m,m,en,,d ati:lo n s, p rod uced by the LD R's, StaffVCRA' CRA Development audit Regulations, Review of Height Exception Adoptinn of R-4 Zonng District Priority Land Ado tion of MU-4Zoniing Distr[ct Adoption: / revision of Ocean Ave. Overlay P-4 Development Staff Staff,/CRA Adoption of the Boynton, Beach Blvd Overlay Regulations, Adoptibn / revisiDns, of'Sustainable Development Amendments regulations Review of Resicentiali Compatibility standards P-5, Transition Work Establish district -by -district work plan, prioritize Staff/CRA City Plan redevelopment sites City -initiated FLU E xec ute FLU amendments and rezon.i,j.,],,gs.. for sites P-6 and Zoning for deemed to be a priority for redevelopment Cry City Key Sites, Create and adopt a Complete Streets program that, P-7 Complete Streets will provide roadway and pedestrian, area design Staff/CRA CRA requirements f o r major ro adways within the CRA Conduct, a study of current and future parking needs R-8 CRA Diist6ct within; identified areas of the CRA District and make CRA' CRA Parking Study recommendations of how and where to, create public or shared parking. Staff will review architectural styles and make Architectural; Style recommendations regarding Architectural Guidelines Staf f1C RA CRA Review that may enhance the character of the applicable Districts. This, processwill include public input.. 'Consultant maybe N red by CRA to c o m p lete th is task 129 525 Table 0:Development and Capitol Projects Implementation Steps Proposed Responsible Funding Highest ID Project Name Project Description Party Source Priority A publiciprivate partnership to redevelop the City - D-1 Town Square owned 16.5, acres at the western end of the Cultural . City/CRA713D City�CRAITBD District area. The proi -ect willl include new civic and private uses. Development Create and adopt financial incentive programs, to D-2, Incentives attract lhi�her paying jobs,, lhotel�s, public parking and CRA CRA full-servibe grocery stores: to the CRA District D-3 Land Acquisition. Continue to acquire land in strategic locations to CRA CRA implement the goals, of the CRA Pl'an, Parks, Plan, for and implement parks:, greenways and eco D-4 Greenways and trails within the CRA to enfianc,e quality of life for CRA CRA Eco trail's residents D-5 Public Parking ACqUire property, anal[yze financing options and Issue CRA CRA Structures, Request for Proposals for development Streetscape Acquire easements, and ROW where needed for D-6 Easement and streetscape improvements, CRA CRA ROW Acqui�sitio,n D-7 Affordable Create programs and policies: to support the CRA CRA H o us,i ng development of affordable housing D-8 CRA Wayfinciing Design and construct a uniquely branded wayfincing CRA CRA Signage Design, program for the CRA and each District D-9, Critica[ Street, Target, design, and build critical street crossings CRA CRA Crossings, throughout the CRA Boynton Beach, D-10 Entry Feature at, Design and build a;. unique entry feature at 1-95, CRA CRA Table 0:Development and Capitol Projects Implementation Steps Initiatives & Programs Table 1O:Initiatives and Programs Implementation Steps Proposed Responsible Funding Highest ID Project Name Project Description Party Source Priority Workforce Review/amend the City's, Workforce HOUSing City City l-2 Land Assembly Create programs that remove barriers to land CRA CRA Assistance assembly Clean and Safe Imp[ement projects, that, i1n,c1bde Neighborhood Po,liciing, l�-3 Program Code Enforcement and Litter Reductibn to �mprove the CRA CRA appearance of the CRA Di,stribt. Business SUpport CRA Economic Development Programs to l�-4 Development provide incenbves, to, expand emsti,ng businesses and CRA CRA Program to recruit new businesses to the CRA Di�,stnct. Marketing media outlets to market the CRA District and its Initiatives assets, to, showcase redevelopment effo,rts, programs CRA CRA redevelopment opportunities. Small Business Marketing and promotion; of exi�.sting and new or l�-6 Marketing emerging bUsinesses within the CRA District utiffizimg CRA CRA Program various media outlets to encourage long range Create and �mplement unique special events and l-7 Special Events, COMMUnity activities that, showcase redevelopment CRA CRA Programs, efforts and opportunities as well as, exi'sfing businesses within, the CRA District. Boynto,n, Harbor Conti�,nue to provide finanici'al investment to improve l-8, Manna maintain and promote this, unique asset,, to ensure its CRA CRA Table 1O:Initiatives and Programs Implementation Steps mio mill mill 00000000 moi moo mio irig0000000 m o0 000000i0 000000 airid Use IlMa��p 00000000 uuuuuui0 1 31 530 Legend 9 my D� rmi @u-&;tlGkl;W c ' 'dRtialSW.' V��M��uu�aa'o'U p�r�upr,uy, 10 (r,pemn,aV K.o n Diermlyr )Q duv ao YIYI YIY f9 �pNINf�V'w Rel a0tl y.uem,wall y Xrraa no,ar W MuaaW L m SGV; ckOat,: 11)5 Federal Hwy < Blvd Anton Beach Blvd )an Ave. olbright Rd 531 0000ii IIIIIII I 0000000 of 000000 m 1° nnn� a iii d U s e 000000.0 1 36 532 LEGEND IM�cmxvafiogloll (R) A Low Density Resdonlial �LDR) 5 dt'Voc "RIWIlUm Oonsoy RosAdential (M�M4,) 'I'l du;aG IMI-lighi Derisily Rr.,isidembal (H DR) 15 ghiVoc amspoOol [tigh (XmMy Rosidentiol (SHDR) 1206,Oac, Rolail M(e*!oiorul p"Imoo Uso LOW (IMIA, � A) don MR1,111mm"i LNI menji'l 1111, (NIL AI) N50 dl,gla c mWel kjso P11oh WWI) W duloc. TOD orth Federal Hwy MILK Blvd ,l Boynton Beach Blvd I I L . jOcean Ave. Woolbright Rd �I 1 1 533 u110 111111 nnni 111111 1 38 534 CoiiipkAe, Streets Streets Eco'rrw�s Bike LMIPS (CWSlklrg� Bike Danes c1reenways Parks Pd,rilof lrttei esl �I 39 535 111111 4:: Workshop Polling Results 1 40 536 9E91 �esiiir1[Ir taiii,riiimClf ,, l,„,,,,,illm„ii�„ 1. Do you think the CRA should fund connectivity improvements? The participants were presented with a list of proposed connectivity improvements, including: (i) complete street design for selected facilities; (ii) greenways connecting parks and acting as buffers between land use categories; (iii) ecotrails connecting conservation and pedestrian areas; and (iv) bike lanes. Workshop # 3: The majority(90%) said "yes” Workshop # 4: The majority (85%) said "yes" 2. Which do you feel needs the most improvements: pedestrian (sidewalks); bike/ park facilities; vehicular (streets); none; all of the above? Workshop # 3: The majority(56%) felt that "all of the above" need improvements; 26% felt that pedestrian infrastructure need them most and 10% thought street do. Workshop # 4: The majority (56%) felt that "all of the above" need improvements; 26% felt that pedestrian infrastructure need them most and 10% thought street do. 3. Do you agree with the new land use structure? Participants were shown a table with the proposed changes to the current future land use classification structure Workshop # 3: Some 49% of the participants agreed; the remaining responses were equally divided between those who did not and those unsure. Workshop # 4: The majority (83%) agreed 4. Do you think that the new zoning districts are beneficial? Participants were shown a table with the modified future land use classifications and the corresponding changes to zoning districts. Workshop # 3: Some 49% of the participants thought they were, while 41 % thought that they were not. Workshop # 4: The majority (74%) thought they were beneficial. IBo3Litoiri IlE-3caclh IBoulllevaurd Ilf liisturliict 5. Do you think Boynton Beach Boulevard should be a Complete Street? The participants were shown a rendering of the eastern section of Boynton Boulevard (between Seacrest Boulevard and US -1), improved with a landscaped median, bike lanes and a wide landscaped sidewalk with benches. Workshop # 3: The majority (90%) said "yes." Workshop # 4: All of the respondents said "yes." 6. Is this type of transition between commercial and residential uses appropriate for this portion of Boynton Beach Boulevard? The participants were asked to respond to a rendering showing a wall and a landscape buffer separating the proposed commercial redevelopment fronting on Boynton Beach Boulevard from the single family neighborhood to the north. Workshop # 2: The majority (78%) said "yes." 7. Would you like to see improved commercial spaces on Boynton Beach Boulevard, west of Seacrest Boulevard, and is the example shown appropriate design for Boynton Beach Boulevard, west of Seacrest Boulevard, and is this scale and type of redevelopment appropriate for this portion of Boynton Beach Boulevard? Before responding to questions #7,#8 #9, the participants were shown: • slides assigning density, height, uses and selected design features for different sections of the area; • a rendering of the subject section of Boynton Beach Boulevard lined with one -to -two story retail/ commercial buildings, with a setback allowing for a sidewalk, landscape buffer and public space fronting the buildings to accommodate outdoor seating for restaurants. Workshop # 3: The majority (84%) would like to see improved commercial spaces and 79% thought the design was appropriate. I 4 II 537 Workshop # 4: The majority (89%) would like to see improved commercial spaces and 57% thought the design was appropriate, while 27% disagreed. ...as worded above was only asked at Workshop #2; the majority (70%) of agreed that both the scale and type of redevelopment were appropriate. u.11.1 uii[211 Ilf;liisturliict 8. Would you like to see more restaurants and retail on Ocean Avenue? Workshop # 3: The majority (81 %) said "yes." Workshop # 4: All of the respondents said "yes." 9. What do you think is an appropriate building height fronting Ocean Ave — 35 feet, 45 feet, 65 feet, or 100 feet or over? Workshop # 3: The majority (62%) thought that 35 feet was an appropriate height, while 24% supported a height of 45 feet; 8% and 6%, respectively, favored the last two choices. Workshop # 4: Some 30% of respondents thought 35 feet to be appropriate, an equal percentage of respondents (32%) chose a height of 45 feet and 65 feet, and 5% favored a height of 100 feet or over. 1.2 owurmtowurm Ilf;; liisturliict 10. Do you support improving the connectivity between Boynton Beach Boulevard and Woolbright Boulevard, along Federal Hwy and SE 4th Street? The participants were presented with a list of improvements benefiting connectivity and enhancing the streetscape along both streets. Workshop # 3: The majority (88%) said "yes." Workshop # 4: The majority (83%) said "yes." 11. Is ensuring a superior environment on 4th Street and Pence Park Important? The rendering showed to the participants depicted three-story townhomes fronting SE 4th Street, responding to a concern that the residential components of mixed-use development fronting US -1 would back onto 4th Street. Workshop # 2: The majority (61 %) said "yes,"while the remaining responses were equally divided between "no" and "not sure" (both at 19%). 12. Do you think this building scale is appropriate for a Downtown? The participants were shown a rendering depicting one- and two story retail uses lining a street corner, with outdoor restaurant seating, and two tall (over 10 story) residential buildings placed at a significant setback from the commercial component facing the street. Workshop # 3: The majority (51%) disapproved of the proposed scale while 45% thought it was appropriate. Workshop # 4: The overwhelming majority (96%) found the scale appropriate. III; edgiir ;,Ill,lll�,'iil, Ihwa lf; liisturliict 13. Do you think efforts should be made to improve the walkability of Federal Hwy? The participants were presented with a list of potential streetscape improvements, including widened sidewalks, enhanced lighting, an addition of street trees and of safe street crossings. Workshop # 3: The majority (88%) said "yes." Workshop # 4: The majority (93%) said "yes." 14. Would you like to see more community commercial on South Federal Hwy? The participants were shown a rendering picturing one - and two story commercial buildings along the South Federal Highway, placed at a significant set back from the street, with on -street parallel parking and enhanced landscaping. Workshop # 3: The majority (53%) supported additional commercial uses, while 46% opposed the idea. Workshop # 4: The overwhelming majority (93%) would like tosee more commercial uses. 538 15. Do you want commercial uses fronting the entire length of North Federal Hwy? (In addition to "yes," "no," and "I am not sure," the fourth option was "only at the Gateway Boulevard intersection.") Workshop # 3: Some 42% of participants responded positively, 21 % rejected the idea and 28% selected the Gateway Boulevard option. 16. Do you think commercial uses should be optional as a part of a Mixed Use Low project? Workshop # 3: The majority (69%) thought so, while 27% opposed the idea. III,,,,1e..ai...tf.II ,y1!212li,,,,......l[.... 17. Is this Scale and Type of Infill Appropriate for Martin Luther King Jr. Boulevard in the Heart of Boynton District? The rendering showed two -to -three story townhomes facing the street, with a sidewalk, on -street parking and landscaped islands. The majority (72%) said yes. Workshop # 2: The majority (72%) said "yes." 18. Would you like to see more community retail in the HOB? The participants were shown a rendering of the Seacrest Boulevard/ Martin Luther King, Jr. Boulevard intersection featuring a grocery store/ retail uses with outdoor restaurant seating on the north east corner, across the street from the existing Family Dollar. Workshop # 3: The majority (88%) said "yes." IiJigdusturiiialll raft Ilf; liisturct 19. Is this type of transition between industrial and residential uses appropriate for this portion of the Industrial/Craft district? The participants were asked to respond to a rendering picturing a multicolor wall separating the district from a residential neighborhood to the west. Workshop # 2: The majority (78%) said "yes." 20. Do you support the CRA funding the proposed streetscape improvements? The participants were presented with images of the proposed improvements, including on -street parking, utilities placed underground, and sidewalk repair/additions. Workshop # 2: The majority (85%) said "yes." Workshop # 3: The majority (86%) said "yes." 21. Do you support the addition of new industrial craft uses? Workshop # 3: The majority (89%) said "yes." 22. Do you support encouraging arts uses in the Industrial Craft District? Workshop # 2: The majority (74%) said "yes." 13 539 111111 111111 inn 111111 IIIIIIIIIIIIIIII 111111 III II1111111 1111111II II1111111 IIIIIIIIIIIIIII IIIIIIIIIIIIIIII I 41 540 IJ llllll�llflli///' III i1D1111JJ1,u;��J11 iiiiiiiuuuui ��/ /�+� S JJII///�i�� lll�in,, // %i »�� illloir�1 rrrrrrr/i/ooa//f 1111%/oiiiii//llrrrrrrr uiu % 9710 ��edeiirc o 33435 �io0% ( 111) 73/ 3256 541 � N��)NN��N�� ____ _ _____________________________________ About the Boynton Beach(��A______________________________-f3 Existing redeve|DprOeDt�|�OSL________________________________� The____________________________________-7 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ....... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... .... �� POPULATION AND HOUSING Population Estimates and �� '54 Population Characteristics Race andEihni�tv 11 Age and Household _6O Education and Income 17 HoUsing24 Horne{�wv��r�hi�________________________________________�4 Age of stock ,.25 Residential Pm0pedu��|U��___________________________________�� Single -Family .-..... 25 Town ...... 26 CoDdODliOiUOOs aOd(��im��______________________________�� Rental Apartment SELECTED ECONOMIC INDICATORS Employment by|DdUstry--------------------------------------------------------------------��O ��-----------------------------------------------------------------------------------------_31 HOUseho|d Effective Buying Worker Commuting ...... ...... ...... ....... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ..... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... '7' FUtWn8 Land Use aOd��DiD�___________________________________________________________________�� TCEAand Coastal Residential ��xD��ti�DL____________________________________________________3� 43 Current �__________________________________�c� (}UrrentUse _..... 45 City- and CRA owned Inventories Historic '54 PUb|icAJt________________________________________�� _6O ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ....... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 8,5 Water, Wastewater and sewer iRlprOve[DeDts_.88 Identified substandard �r�@S�87 Red@iOOedVV��______________________________________�7 Roads 92 PaveRleDL��Odih�U_____________________________________9� Street Lighting 92 Median Landscaping 92 93 542 L 0 ist of Figures � VIII IIID IIII VIIIr IIII } c VIII VIII IIID VIII „„ IIID IIII VIII „w( IIID VIII VIII IIII VIII IIID .........mm.. ......, .. "°} i ure 1: 2010 Census lock rou s ........................ g Land Uses Downtown Section.............................mm.............................6 Figure: Transportation Analysis Zones.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.13 Figure 14a: Figure3: Percent lacks.........mm.....................................mm.............................1 7 Figure: Percent isanics.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.15 Land Uses Northern Section.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm. Figure: Median Age.-,__mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm....... 1 Figure 6: Population Over 6....mm.................................................................. 1 Figure 7: One -Person Households................................................................. Land Uses Southern Section..........................................................5 Figure : Population withBachelor's Degree or iher................mm, ........................... 1 Figure 9: Median Household Income............................................................... 2 Figure 10: Home Ownership ate................................................................. 2 Figure 11: Commute of 30 Minutes or ore...........................mm..............................33 Figure 1: VIII'°°° 11111IIII„ }IIII'°° IIIIIIIIIIIIIII VIII IIII IIII 111111 IIID (IIII' IIID VIII IIID IIID VIII' VIII """11111""" 11111 IIID ...................................................................................... ...... Figure12: Future Land Use mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm._. 0 Figure13: Zoning.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm,mm.mm.mm.mm.mm 1 V VIII D VIII VIII IIID "°} Figure 1: Land Uses Downtown Section.............................mm.............................6 Figure 14a: Commercial Uses Downtown ection._,_,___ .............................. . . . . . . . . . . ..... 7 Figure 15: Land Uses Northern Section.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm. 48 Figure 15a: Commercial Uses Northern Section 9 Figure 16: Land Uses Southern Section..........................................................5 Figure16a: Commercial Uses Southern Section.mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm...... 51 Figure 17: Vacant City & CRA Parcels-,_.- 53. Figure 1: Historic Properties Inventory............................................................ Figure 1 arks Inventory._._._._._.......................................mm........................ , .... Figure20: Public Art Inventory.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm,mm.mm.mm.mm.7 Diagram 1: Structures Inventory- Federal (North} mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm mm mm mm mm mm mm mm mm mm mm mm ..mm .... 6 Diagram 2: Structures Inventory- Federal (South}mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.71 Diagram 3: Structures Inventory- owntown..........................mm.................................. 7 Diagram : Structures Inventory-Cultural.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm...mm.... 7 Diagram : Structures Inventory- Industrial...........................mm............................. 77 iagram 6: Structures Inventory- Boynton Beach Ivd................mm, .............. , , , , , , , , , , .... 7 Diagram6: Structures Inventory- Heart of oynton.mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm.mm.mm.mm.mm1 VIII VIII IIID IIII°°°° VIII'° (IIII'° ( VIII'°^ 'IIIIIIIII IIID IIII (11111 5 Figure 1: Utilities Improvements Northern Section............................................................................................................................................88... Figure 2: Utilities Improvements Downtown Section.mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm,mm.mm.mm.mm..89 Figure 2: Utilities Improvements Southern Section 1 Figure 24: RoadClassifications..mm.................................................................. Figure25: Alleys................mm......................................mm............................. Figure26: Sidewalk Inventory.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm 6 Figure7: Bus Routemm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm.mm 97 543 544 lig, lir l 545 I= Aboi it tl�iie (.)p�itan Under Florida Statute Chapter 163 Part III, local governments are able to designate parts of their after a determination that "slum and blight" criteria have been met. Examples of conditions that can upport the desiQnation include but are not limited to, the presence of substandard or inadequate equate infrastructure, insufficient roadways, and inadequate parking. To document that the required conditions exist, the local government must survey the proposed redevelopment area and prepare a Finding of Necessity. If the Finding of Necessity determines that the required conditions exist, the local government may create a Community Re- development Area to provide the tools needed to foster and support redevelopment of the targeted area. Consistent with state law, in May of 1982 the City of Boynton Beach declared the downtown area, generally encompassing the Central Business zoning district, to be "blighted," and subsequent- ly created the Community Redevelopment Area (CRA), and the Community Redevelopment Agency to administer its programs and activities (Resolution 82 -KK). The boundaries of the orig- inally designated area were expanded shortly thereafter, in October of 1982, by Resolution 82 -BBB. As per state requirement, the redevelop- ment plan for the "Downtown Boynton Beach" was adopted in 1984 (Ordinance 84-32). Following the same "slum and blight" determina- tion process, the City implemented another small expansion of the CRA in April of 1984 (Resolution 84-11). Two other significant expansions of the CRA followed in 1987 and in 1998. - The 1987 expansion included a 519-acrl-u, area bounded by the C-16 canal to the north, the Florida East Coast Railroad to the east, Ocean Avenue to the south and Interstate 95 to the west (Resolution No. 87-QQQ). The updated CRA , The 1998 expansion was approved by Ordinance 98-33. It includes areas along the Federal Highway south and north of the downtown, and a small industrial area west of the Interstate 95. Concurrently, the City adopted a re- development plan for the expanded area, named "Boynton Beach 20/20 Redevelopment Master Plan." This plan was superseded by several plans developed after the `r0 0.. Today, the CRA encompasses 1,650 acres. During the years following the last expansion, more land has been added as the City approved redevelop - parcels on the south end of Federal Highway. e d eve o p nne �it Currently, there are four adopted plans guiding re- ,i.evelopment within the CRA area and a never-ad- #ipted draft plan for the Boynton Beach Boulevard Corridor. The adopted plans include the Heart *f Boynton Plan, the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan and the Downtown Vision and Master Plan. There is some geographic overlap among the plans, and they differ slightly in terms of the scope ?.nd focus. Below is the short overview of each plan: - The Heart of Boynton Plan was updated in June of 2014 (Ordinance 14-008). The planning area consists of the area updated by the 1989 plan. The original plan for this area was adopted in December of 2001, under the community selected name Heart of Boynton. The planning process involved extensive public participation, including five charrettes. Strategic Planning Group, Inc. (SPG) led the effort, in partnership with the RMPK Group and JEG Associates. The 2014 update was completed in-house by th City -CRA planning team. The team held a meeti with community stakeholders to obtain input on proposed redevelopment options. The plan r generated eleven recommendations, including land use and land development recommendatioln changes allowing for an increase in intensity of development in selected areas east of Seacrest Boulevard. There is a minimal design and archi- tecture section included within the plan. - The Federal Highway Corridor Community Redevelopment Plan is a June 2006 update to the original 2001 plan, which was developed to include the Federal Highway Corridor's CRA expansion areas referred to as the North Subarea and the South Subarea. The plan divides the corridor into five planning areas, and delivers analyses and subsequent redevelopment strategies for each area. The plan update does not revisit two original market analyses, the first one supporting a potential for a convention hotel, and the second additional retail ame office space in the downtown area. It also makes few changes to the original recommendations. Although the plan does not include an urban design and architecture section, the recommendations call for the creation of development standards and design guidelines for bulk and building massing as well as for architectural themes. - The Ocean District Community Redevelop- ment Plan was created in-house by an urban design- er -led planning team and was adopted in February 2004. The plan features two alternative redevelop- ment scenarios for the District with detailed design recommendations for each. The plan's main focus is #:rip_449_%i 41Nt_#f #ec%) District's total area. This area is referred to as the Town Square -Public Campus. The plan also includes design concepts the areas along Boynton Beach Boulevard, Seacrest Boulevard and Ocean Avenue, as well as for the area adjacent to the FEC and the single -and multi -family areas. workshops and two public workshops for community stakeholders. Aside from the alternative subsection designs, the plan includes four broad recommenda- tions suggesting changes of land development regu- lations as well as creation of signage and of design - The Downtown Vision and Master Plan, adopted in January 2009, is an update of the origina' 1984 Boynton Beach Community Redevelopment Plan. The planning process was headed by EDAW, Inc. consulting group in partnership with AECOM, Inc. and ERA, Inc. It involved stakeholders and City residents though a series of public meetings and visioning charrettes. The Master Plan provides a strategic framework for implementation of goals through five priority action items named "Big Moves". These include the Transit Oriented Development district around the future transit station, cultural and civic camQuses anchored bv—povernment services neighborhood centers along Martin Luther King, Jr. Boulevard and the Federal Highway linear park an4 gateway. The plan analyses focus on urban design, but comprise also regulatory assessment and economil and market considerations for the overall area as w IN= Aside from the plans reviewed above, the CRA has a never -adopted draft Boynton Beach Boulevard Corridor Plan, and two additional documents to support redevelopment efforts; the Urban Design Guidelines manual, adopted by the CRA Board in 2006, the 2005 Boynton Beach Community Redevel- I he God�� The goal of this effort is to amend, restate and con- solidate all CRA plans into a single document. While separate "districts" have been identified and may warrant individual attention because of their specific character and unique issues, staff aims to create a consistent, comprehensive urban design framework for redevelopment strategies in the CRA area. The consolidated plan will therefore present clear overall on for the entire area, easy to understand by the reader and the end user seeking to determine oppor- tunities for successful projects. 547 548 i l / I Population Estimates and Projections Population Characteristics Race and Ethnicity Age and Household Composition Educ-ztion znd Income ija2mwu Home Ownership Age of stock Residential Property values Single -Family Homes Townhomes Condominiums and Cooperatives Rental Apartment Properties SELECTED ECONOMIC INDICATORS Employment by Industry Sales Household Effective Buying Incomv. Worker Commuting Patterns 549 Methodology. Current population numbers and projections for the study area covered by the CRA Con solidated Redevelopment Plan are based on two sources: the U.S. Census and the 2013 Palm Beach County's Population Allocation Model. Whereas for the U.S. Census, the geographical units are Block I Groups, the Population Allocation Model employs Transportation Analysis Zones JAZs). Some of the geographical units are only partially enclosed within the CRA boundary (see Figures 1 and 2 on the following pages). Unless otherwise specified, the term "extended" CRA or a study area is used through- out the report to indicate that the information includes data for those parts of Census tracts, Census blocks or TAZs which are located outside of the CRA. Population characteristics data draws on the Census'American Community Survey 5 -year (2009-2013) estimates, or, in cases of large margins of error for small samples in that dataset, on the Census 2010 figures if available. Since Traffic Analysis Zones No. 402, 403, 509, and 520 (bolded and italicized in Table 1) are only partly located within the CRA area, the total current and projected population figures include a signif- icant number of people residing outside of the CRA boundaries. For example, using 2013 estimates of CRA -only population for the aforementioned zones (based on the Census block group population Source: 2O13Population Allocation Model. Note: TAZNo. 4O4has nnpopulation and thus isnot included. 550 18,734 19,125 19,833 21,315 23,916 26,380 28,520 Source: 2O13Population Allocation Model. Note: TAZNo. 4O4has nnpopulation and thus isnot included. 550 jlii�11111111 III 111 111111111 w a 0. .0 1 11111 11 I)SIMOU1111110 W-16-141 9 - P . SM ilii ilii °l IRace iiia ul Illlllll The extended study area has a significantly lower percentage of White residents (51.9%) and a higher per- centage of Black/ African American residents (41.6%) than the City as a whole, but a similar share of Hispanic population. As Table 2 shows, Block groups 61.002 and 61.003 (the Heart of Boynton community) are predominantly Black/ African American, with 91 % and 89.4% of Black population, respectively (see also Figures 3 and 4). Areas located east of Federal Highway are predominantly white. BLOCK GROUP POPULAMON Percent White Percent Black/African American Perce nt Hisp,anicl La-tino 57..014 557 34..5% 57.3% 18.7% 57.022 2.,544 32.4% 59.7% 12.5% 57..0 24 1,043 89..0% 5.7% 10..9% 16 1..0 01 978 88..8% 6.7 % &.6% 161..96 2 1,607 5.1% 91..0% 4.7% 16 1..0 03 1,141 6.4% BRA% 6A% 62.011 2.,3 84 38.8% 52.4% 17.2% 62.012 1.,0 69 50.7% 4°x.9 18.0% 62..021 1,236 80..8% 12..0% 17..4% 16 2..0 2 2 874 96..1 % 1..6 % 3..2% 162..931 1,002 57..9% 302% 16..5% 61001 861 79..8% 14..5% 14..9% 63.004 949 94.0% 2.8% 3.8% Tota I A re a 16,245 51.9% 41.6% 11.9% Citywi`de Census 2010 68,217 62.4% 30.3% 12.8% Gotywode A CS 2008-2013 69,257 62.2% 1 31.5% 1 12.0�% I Swarm 11,413,401 R-KNII M 41 VARWORI WITO XMIRM UPP, 5-.RMM'PJZV"nnqMVq AFY 9 MW 9W have residential uses.v 551 Im EM CENSUS 2010 BLOCK GROUPS wholly or partially enclosed within the CRA boundary 552 TRANSPORTATION ANALYSIS ZONES wholly or partially enclosed within the CRA boundary I 553 POPULATION OF ONE RACE - BLACKS/AFRICAN AMERICANS as percentage of population, by Census Block Groups, Census 2010 Legend 1.6%-6.7% 6.8%-21.0% 21.1% - 30.2 30.3% - 41.9 42.0% -59.7% = 59.8%-91.0% dIMEEMIN 11111 CRA Boundary Blvd �� Note: Citywide percentage of SII III1I �i, Blacks/African Americans is 30.3%. A 0 437.5 875 1,750 2,625 3,500 Feet Figure 3 554 HISPANIC/LATINO POPULATION IN NUMBERS AND AS PERCENTAGE OF TOTAL POPULATION by Census Block Groups, Census 2010 Legend 0.032000 - 0.047000 €m 0.047001 - 0.086000 0.086001 - 0.149000 0.149001 - 0.187000 CRA Boundary Note: Citywide percentage Al�Pl Hispanic/Latino population w was 12.8%. N 0 437.5 875 1,750 2,625 3,500 Feet Figure 4 11 555 Im ME= MEE Age and TABLE 3. Median age and selected age categories as percent of total population by Census block groups, Census 2010 BLOCK GROUP POPULAMON Percent underMedian 18 vea rs of age Percent 6 5 ears and oer yv age 57..014 557 29..4% 3..4% 31.8 57.022 2.,544 2 2.6' 16.9:.41.5 57..024 1,043 14..9% 2 0_6 O/o 4 7_6 6 1.. 0 01 978 10..9% 16..8'% 47..S 6 "1..002 1,607 24..7% 1 F5.. 7 O/o 37 61..0 0 3 1,141 29..2% 8.7% 32.7 62.011 2.,384 26.5% 6.2% 32.5 62.012 1.,069 21.4% 7.1% 35.6 6 2..0 21 1,236 117% 12.2% 38A 62.0 2 2 874 2..9% 6 9_5 % 72..2 6 2..0 31 1,002 15.6% 3 6.7 O/o 50..4 61001 861 14..5% 12..3% 35..9 63.004 949 3.5% 53.1% 66.3 "Tot,a I Area 16,245 19.1% 19.3% X Cftywi'de Census 2010 68,217 19.3 % 21.4% 41.9 CiWif ACS 12008-2013 1 69,257 18.7% 22.2% 43.3 1 A review of Table 3 and Figures 5 and 6, depicting population age characteristics, shows that area -wide numbers are likely skewed by numbers for four block groups only partly located in the CRA. The recal- culation of percentages for the CRA area without these block groups lowers the percentage of youth under 18 from 19.1 % to 17.5%, and increases the percentage of population 65 years and older from 19.3% to 21.3%. Generally, residents with the highest median age and the highest share of people 65 years of age and older occupy areas east of Federal Highway. Block groups in these areas also have a lower share of youth under 18, between 3% and 16%. Areas with the highest percentage of population under 18 include the eastern part of the Heart of Boynton district (29.2%) and the northernmost block group of 7.64. Block iroWl) J2.J22 hij jhl hi�hj re of oldir iw*wliigna�.n�d �71 . �Most of the area of [IN I sm PI LOIRI ag I Leif IVA 61LOIN-mil 191 rg 0 UZI I rml'! 1= 11g.1 I I Lffilras_ lumim 1111 KTA 11 r, L6!. I - Figure 7 shows the percentage of 1 -person households in the total number of households for block groups in the (extended) area under study. By and large, the highest share of 1 -person households coincides with areas with a highest percentage of population age 65 and over. For example, in the block group 62.022, persons living alone constitute 55% of all households, and 42% of these persons are 9ged 65 or older. 556 This section draws on data from the 5 -year pooling (2009-2013) of the American Community Survey's sam- ples. Because of the small sample size and significant margins of error, individual numbers should be interpret- ed with caution. BLOCK GROUP Percent 13ol3ulladjon POPULATION 25 and older with a ba ch elors o r h igb er degree Nledian household incame 57..014 557 2 6.. 0 Ozo $22-262 5 7.02`2 2,544 6.1%$3'0,82, 1 57..024 1.0,43 4 T 1 °r,o $38.897 61..0,01 978 24_71�1,lo $63,229 61..0,02 1-6,07 119"zo S22-0,09 61..0,03 1-141 10.. 1 OZO S20,714 6-7.011 _',384 18.8% $44,955 6-7.01.2 1069 11.3% $3-7,958 62.021 1,236, 14.30zo S46,318 62..022 874 212,1�1�o S32,875 62..031 1-002 1 S.. 3 Ozo S29.517 61.0,01 861 62_411zo S49,861 6.x'.004 949 28.7% $46JP3181 'Total Area 16,245 23.2% X Cityidle 69,257 25.2% 44,390 Even though the educational attainment of Boynton Beach residents has improved since 2000, the City lags behind in the "Bachelor's Degree or Higher" category with respect to the County's level overall as well as with respect to some of its neighbors. The data suggests that education level as measured by this category may b4 even lower within the (extended) CRA area: in 7 out of 13 area block groups, less than 20% of the population has a bachelor's or a higher degree. As Table 4 indicates, block groups 61.002 and 61.003, encompassing the Heart of Boynton District, are two of the three block groups with the lowest median household income. As expected, their residents have low level of educational achievement, with 13% and 10%, respectively, of population 25 years of age and over holding a bachelor's degree or higher. (See also Figures 8 and 9.) The relationship between education and income implied by the data is more complex for block groups with high median age and high percentage of one-per- son households. For example, one of the block groups in the second highest median household income (block group 63.001 with an income of $49,861) has the highest share of population with a college or an advanced degree; however, that is not true for a block group of 61.00, which has the highest income, but where only about one-fourth of residents hold a bachelor's or higher degree. 557 �,rrrrrrrr� MEDIAN AGE by Census Block Groups, Census 2010 Legend 31.8-33.4 33.5-37.1 37.2-45.4 45.5-63.9 64.0-72.2 CRA Boundary '''f ''°'11111111IIIIIIIIIIIIII1 .... A 0 437.5 875 1,750 2,625 3,500 Feet Figure 5 558 CRA AREA POPULATION 65 YEARS AND OVER by Census Block Groups, Census 2010 <n 27th Av NE 26th Ave U in Z � O can Dr �– Inter agos °' o c m .. m 21 Lu �....� N J N SW 5t Ave Quantum Blvd P 6th e E - - SW 6th e Sly 5 N SW 7th Av a way Blvd v 2 [Catalin Dr ^ Park _a m o C r4na Blv NW 13th Ave U Z 2 o n41 U) o w N W a w ,,o Ve ti SW 2th A e m Z N W th Av y SW 3th A to v W Woolh R (brig t Rd ~ 0 Old B ynton R CF N rth Ivd Z V laire r oy �o Gondola C ra i <n 27th Av NE 26th Ave U in Z � NE 9th Legend 3.4% 3.4%-9.3% ® 9.3%1 -12.3% 12.3% - 20.6% ® 20.6% - 36.7% - 36.7% - 69.5% CRA Boundary Note: Citywide percentage of population 65 years or older was 21.4%. N 0 437.5 875 1,750 2,625 3,500 Feet Figure 6 559 O can Dr H by bra ve o� E .. �....� SW 4t Ave Co SE SW 5t Ave t �. w P 6th e E - - SW 6th e Sly 5 N SW 7th Av a v 2 8th A e i6 ^ 9th e m o, �/� di SW 10thA e m W U U) o �v Ve ti SW 2th A e m v, th Av y SW 3th A to v W Woolh R (brig t Rd ~ a a Wo (bright Rd CF N rth Ivd w 1 Main Blvd d 0 out Blvd � SW 19thA N. o W m W S 21 t) U 2 d v w 23rd P.ve 2 r o Rd 0 W 2 rd Avcn 24t v L SW 24th' v 25th A e �a o SW 25th Ave N�. .. N N h SE 25 hAve s S 25th PI w �°' SE 26t Ave N g o s N 3 ��m SE 27th ve 6t u: .., �; N a SE 27th Ct ve 5 ^ 6 SE m SW 27th ve to Ter ^ W SW 27th PI s 27th I SW th 2co n W 28th Av SW 2 th Ave 2 th c V Sun et Rd > f v m i SE 31s A e r th A e IDI -11 o- IS_ n h t Missi n Hill d i Oi c P SW 35th Ave � m � rn N ulf 3 3grh t®®n Neptune Dr ,� NE 9th Legend 3.4% 3.4%-9.3% ® 9.3%1 -12.3% 12.3% - 20.6% ® 20.6% - 36.7% - 36.7% - 69.5% CRA Boundary Note: Citywide percentage of population 65 years or older was 21.4%. N 0 437.5 875 1,750 2,625 3,500 Feet Figure 6 559 ONE-PERSON HOUSEHOLDS percentage of all households, by Census Block Groups, Census 2010 ............... iaa°un III W IUUl�rirriipglJl% r .I lu mtl �� rrwrwrUrrm UWrrrrrrttyU � ..n iUllllll//IIIIU! Legend 17.5%-19.6% 19.7%-22.4% 22.5% - 31.4% 31.5%-39.2% 39.3% - 48.1% - 48.2%-55.4% CRA Boundary Blvd Note: Citywide percentage of Blvd 1 -person households was 34.3%. IN 0 437.5 875 1,750 2,625 3,500 Feet Figure 7 560 POPULATION WITH BACHELOR'S DEGREE OR HIGHER as percentage of population 25 years or older by Census Block Groups, 2009-2013 ACS 5 -Year Estimates Legend 6.1 6.2%-11.3% 11.4%-14.9% 15.0% -21.2% 21.3% - 28.7 - 28.8% -62.4% ®®®� �®®®� CRA Boundary A�6111111 Note: Citywide percentage of population with Bachelor's degree = or higher is 25.2 A 0 435 870 1,740 2,610 3,480 Feet Figure 8 561 MEDIAN HOUSEHOLD INCOME by Census Block Groups, 2009-2013 ACS 5 -Year Estimates ............... >1\j gffjj »» ;.. w �11111111C,i ��»tt>ffl, Wavuve��0 »»aoora�» r�rrrrrrrrrrr�, «„ �o(�»»l>lllllllll L N Blvd Legend $20,714 - $22,262 $22,263 - $30,821 $30,822 - $32,958 rM$329959 - $38,897 EM $38,898 - $49,861 $49,862 - $63,626 CRA Boundary Note: Citywide median household income is $44,390. 0 437.5 875 1,750 2,625 3,500 Feet Figure 9 562 ' '� IIII IIII .11111'°��: """" IIII'°°° IIIIIIIIIIIIIIIIIII IIII'°°° VIII IIID VIII' VIII IIID �' I°°" Ile 20°"1the QI""ZA IIIIIIII° Illlliii i°°mt6III„ w1 I Ile IIII° rated ��Iea&h County Poputation II VIII sIllow a 'Yo Illpllll"` ted IIID IIID VIII °iiiigIII`owflh iiii ID the exWliided QIRA mII°va °h II° IIII 12 2035 pe�rlbdiii liiis 52% 1111 IIII°Iz, 42 111111 VIII IIII ° Illl iiii IIID Ilrliii IIID &rid ' Illlh°°° iiii (IIII' IIID iiii D °Viii°IIII" IIID �° VIIIVIII IIII siiii IIII°°r s Ire IIID VIII IIII; IIII Ilr°°ea IIIIeIIII°°° w� iiiiII II °° IIIAe hiiiglhost IllrlleIIIIIIII°°i age mII bted east of Illh°iI, Federal IIII Illh°°°l liii IIID ay. of eldi as IllreaSLVlllmm IIII' .. Illr°° ... Illrv°[[ of IIpeqpVIb W[flhIllk llll lllbllr' 'IIII IIID iiii IIID Iree iiii IgeneraHy VIII II II°i 71' ot it qps, VIIIess flhmc,i o" IIID IIII' VIII °iiii lllr°a6hliieved lii i iiii ID IIII° i a IIII o °Il IIID a IIII ' liii l IIID � � �,„� IIII IIID '�I""IIII IIII m„ '"tr °f °"1 � � Illi lllll &IID gIIIlrolups, Me lnco�°ve liii s lb6bw $33,000,1111 23 IIII°°°iOl Ii IIIA IIID home- ownership than the City as a whole.- r- for a few block• • be lower as more rental developments were built in recent years. City-wide, the home ownership rate was 72.8% in the year 111 increased during the housing boom,. • then proceeded • • •• following the • . • the ensuing lending restrictions. The block group 62.021 had, at 31.07%, the lowest share of owner -occupied housing in the area. The chief • relatively recent contributorto this tenancy profile of the area is the Lascommunity with .•. rental units. Homes• more often designated f+r •nal, recreationalor occasional - share of such homesr - -,- of -•- r for example, in the•* •r • 62.022, the percentage of such homes was nearly 61 %. Since this means that they are only occupied part of _.r, it lowers the potential pedestrian traffic, an important• r a vibrantdown- town—one BLOCK GROUP TOTAL NUMBER OF HOUN SI UNITS OCCUPIED UNITS Percent owner- occupied occupied Percent units for seasonal, recreational or use 57..10'14 283 225 60.4% 01.9% 57.022 I.,190 921 47.3'% 13.4 57 0'24 6:01 500' 58..7% 0 0% 61 0,01 751 520 5,63% 1..6% 61 002 5,87 521 64.5% 01. 0% 61 003 454 095 38.2% 0.5% 62.011 610 710 62.8% 0.7 62.1012 524 441 66.7% 4.3' 62.0,21 1,049 635, 31.7% 15.1% 62.0,22 1.„0 8 576 82.43% 610.6% 62.0,31 747 504 37.5% 27.9% 63.0,01 43 0, 480, 52.5° 12.7% 63.004 9., 024 624 72.9% 36.4 Total Area 9,807 7,1010 56.1 % 16.8% iid«e Census 2010 36,289 291,1D4 66.4% 9.2% Grids AC 5 2IlUI {- 2013 36,993• 28,846, 66.1 % 11.7% 564 Age of Stol6k The 5 -year (2009-2013) ACS survey indicates that about 60% of all area units were built prior to 1971. The highest share of older housing stock was in the block group 62.022; it was also very high in the Heart of Boyn- ton district, at 86% and 78%, respectively, in the areas west and east of Seacrest Boulevard. Vd�kles This section draws on data provided by the Palm Beach County Property Appraiser's Office (see the Curren Land Use Profile section elsewhere in this report for information on parcel -based use distribution). Sliii iiiagVIIIIilii iii liii VIII Illh°°° nes There are 1,287 single-family homes within the CRA, with the median market value of $76,400 and an average (mean) market value of $157,636 (the significant difference is due to the fact that the values of the 97 high- est -value homes are much higher than most of the values in the set, with 16 homes assessed at more than $1 million.) 11 - I , I a i 0 . 0 - mow -I - . - a . . - . - 9 M — M-1111 Q 4 1 'Ili , TAXABLE ITALUE Number Peircentage of Cumulaidvie percentage MVAd ARKET of SIF total nUmb,eir of CLIIMLI[ate _UE homes SF homes percentage Less than $50 208 116.1% 116.1% $ 5 0 or rn o re, but less than $100 I1 16416 50.2% 166.4% $100oirmore, but less tlhan$200V 190 14.8% 81.2% $200 or moire, but less than $300 70 5.4% 86.16% $300 or moire, but less than $500 716 5.9% 92.5% Moire than $500 97 7.5% 100.0°.x, M-1111 Q 4 1 'Ili , TAXABLE ITALUE N11mbler ofPerc, S.Fhomies, etaF. o,f total number of SF the acne s, Cumulaidvie percentage Leas, than $50 K 720 9 „.0 $ 50 K or more., but les than $100 K 286 22.2% 78..l% $ 100 or more. but less than $ ;200 K 1.16.P..101% 87..l% $ 200 K or m orle. . but le ss, than $300 K 44 3..4% X0.6% $3,00 K or more, but less, than $500 K 81 631' Q,6,.. 8 % 11 ore than $ 5 N K 40 1. 1 11 10 0_01,1� 701 WM_IM 13 09 49 1 MI• 25 565 EM ME= MEE Roughly 50% of 670 townhomes in the CRA area are homesteaded. Overall, a median taxable val- ue of a townhome is $101,383, and the average $130,621. These values—especially median—are significantly higher than those of single-family homes, a result of both lower rate of SOH (homestead) program participation and a significant percent (about 38%) of stock built since the year 2000. These developments include Waterside, Estancia, The Harbors, Coastal Bay Colony and Murano Bay. As Table 8 shows, only about one-fourth of all townhomes have a taxable value below $50,000, whM- 56% of single-family homes do. I TABLE 8. Townhorne taxable value distribution, 2014 TAXABLE 1,7ALUE Number o,f tovmhornes P �ff centage e to,tal numbef oT to,i,�,mho,mes, Cumuiadve. percentar. Les than $ 5 K 166 24_8'�-`� 244.8 6 $ 50, K or more, but leas, than $1 0,0 K 157 23 OV6 =48 21�16 $ 10,O or m ore . but leas, than $ ;20 K 207 3 O.. 9 OV6 79..1',,6 $ 20, O K or m ore., but le ss, than $ 30O K 99 1 4..8O`6 93 9'x16 $ 300 K or more. but le. ss, than $ 30O K 32 4..8''6 98.7',6 X1 ore than $ 5 DO K 9 13% 10,0:0% I a�"W Coc)�perat4es There are 4,485 condominium units and 245 cooperative units in the CRA multifamily buildings. The lat- ter are all it of Hampshire Gardens, an i•`` `• community built in the 1960s (median taxable value $27,500). The median taxable value for all the condominiums is $58,300. Most of the condo stock consists of older buildin�b�s develojoted in the 1970's and earl-kTA 1980's with a median taxable value of $38,500. Newer condos, built since the year 2000, include Bayfront, Marina Village, Tuscany on the Intracoastal and Casa Costa. The median taxable value for these developments is $143,000. 26 A.& ]Percentage]Percentageof total Number o,f Cumulative TAXABLE 1,,,I ALUE number of Condominiums piffcentage- cand orniniums, Les than $ 50 K 2.,229, 47..12% 47..12% $ 50 K or more., but less, than $ 1,00 K 1., 4 -5 3 341.721011 7T84 11� $ 100 or more, but less, than $200 K 725 1.3.330''6 9,3..171' $ 20 K or more. but less than $ 300 K 241 3.. 101% Q, S.. 27`% $ 3,0 K or mons. but les, than $ 5,00 K SO 1..69'0`6 9,9..96% 3»1 orie. than $ :50 O K 2 0.04�-6 10'0 o 0% 26 A.& There are 197 parcels developed with small rental buildings containing less than 10 units; the majority of the properties consist of older duplexes, built in 1950's, 1960's and 1970's. I Among the rental properties with 10 or more units (26 parcels, 12 owners), one-half were developed betwem 1957 and 1974 and include between 10 and 24 units. The only larger apartment development in this group Hatterras, with 6 buildings and a total of 72 units. I LaflgUr ant METTEr I 11.1111s, fecen F Ms. M71=6 Seaview Apartments (80 units), Peninsula (70 units), and Seabourn Cove (2 properties with a total of 456 units). Within the Preserve at Boynton Beach, 114 units in 9 buildings are included in an income -restricted apartment community, while units in the remaining 6 buildings sell as condominium townhomes. Of the first three developments, Peninsula is the most expensive, with 3 -bedroom waterfront units renting for as high as $3,275 as of February 2015, compared to the $2,800 rent for a 3 -bedroom unit in Seabourn Cove. 567 HOMEOWNERSHIP RATE by Census Block Groups, 2009-2013 ACS 5 -Year Estimates M Legend 31.7% - 38.2% 38.3% -52.5% 52.6% -62.8% 62.9% -72.9% 73.0% -82.6% LOM "0a CRA Boundary Note: Citywide homeownership rate is 66.1 % 0 437.5 875 1,750 2,625 3,500 Feet Figure 10 568 SUVEVIAIIIRY w IIII'°°°° IIII IIIIIIIIIIIIIII IIII'°°°°VIII IIII VIII X VIII IIID "° ' So inie 60% of II��'mlii e lire bUH�[t Milli"Iliblir �� o 19 ° ' 5 II lir IIII,° � ilius o � � uu�� I� , �,Illh,°� � iiii�� Illh,°� �� Viii iiia liil° °Viii iiii�� lull � �. �� Illl Viii IIII,'ilii i es thain the Qii 1 "1 VIII e(Ceinsus 20 °°'1 11111 IIID 2015 ii�° t ilii°°iiu,i �xVIII iiia °iii VIII VIII ilii ,IIII ( Illi mr'tr iii °iiia iiii.r is IIID i jViiI[t sVhnce20 1 Is oi� e ��1 7%, of IIID cirries weiire used�� iiii��w seascxiii�' VIII, iiirecii�� a� liibiiii�� VIII oiir ccasViii ciiliir4III IIIpt iirIIII OSe �I Of a� iiii�� iiii��iiii� Iii IIID � IIIDiiii��, °I i ilii �Illh IIIhoim eViii �� IIII into iii &rea east cisf IIII"""�" ediir4� 111 Illlh°°° Viii Illh way, oweVilliri g III .. IIIpot iii °Ali4VIII cvf a6IID Viii Viii iii e s Viii iiia IIII VIIb IIIpe les VledViiAn vaIIIhii is of lhio chi s ilii iii aIIIIIIIIII categcmrli es mill IIIb % o° Viii iiia °VIII IIII s ilii ° �iiir�u°ilii Viii iiia Viii iiia iiia %, °I �� . �� i ilii iiia Viii VIII � � �� . Illh'iave a talxaIbVIb vaVIbe b&Ibw $1,11010Kiiiii 29 569 111111 VIII VIII """11111"""IIIIIIIIIIIIIII VIII IIIIIIII IIID-" IIII VIIIA VIII IIID IIII' VIII""" VIII .......... The geographic unit for data in this section is a Census Tract. However, only two tracts -61.00 and 62.02 -are completely enclosed within the study area. All of the remaining tracks transect the CRA boundary, extending west to Interstate 95; track 60.12 extends even further west, past the City bound- ary. The part of 60.12 enclosed within the CRA is a self-contained industrial area with a small but grow- ing arts "district." At the southernmost section of the CRA/City boundary, a 5 -acre section of Tract 65.01 is developed with three commercial properties; its remaining portion lies outside of the City. by �h�,,idt,istry As Table 10 shows, the (extended) study area is dominated by small businesses, employing 20 or few- er people; on average, businesses employed about 7 workers. Tract 62.03, with two commercial nodes on the southeast and southwest corners of Woolbright Road and Federal Highway, has, at 16.4%, the ","N 111111111.11,411/1111 TABLE 10. Establishment -based employment in the extended study area C E N SUS TRACT 57.01 5T.02 6 G.1 6 1,.00 62.01 62.02 62.03 63.00 65.01 TOTAL Numb,erof Firms* 35 11,19 X 296 436 1178 129 367 X 1,560 Employment 259 502 1,951 3,390 917 '1,030 3,203 1'1,252. EmplVvirnent Dens ity 0,obs;acre) 0.77 0.751 3.111 7.12 4.3,41 2.95 3.87 X 3.21 F iirm s w120 air More EmpIby&es* 5.7% 5.9% X 7.6% 5.5% 5.1 %, 16.4 %1 4.1 % 7.80%, %-Emp-loymentin X X 2.7% '1 1.8% X 19.5% 5.1 % 5.1% 10.1 %, 11.7 % X 22.4%, Retail Trade Healthcare; sc,cial 1.9% 4.6% 4.7% 24.1%, 22.7%, 72.6% 20.5%, Assistance X X Ac cc m m o dat i o n1 F o o 0.0% 26.3% 16.3% 1.9% 7.7%, 25.8%, 0.6% dl-Seroices X X - - - - - - C onstrUction 4.2% 4.6% X 11.8% 14.3% 2.9%, 1.3%, 2.2% X 7.7%, P _r 6 -f-i ; 's I o _n a I _1S `c _ie n- t -if 3.1 % '14.3 % X 9.1% 3.5% 22.7%, 9.6%, 2.3% X 5.4%, icJ Technical I Real - E -S Ta feTWEn fTi 7.8% 3.6% 6.5,%, 1.4% 1.4% 3.1%1 Leasing X X 0.0% 1.6% X 3.0% 1.7% 7.6%, 4.5%, 0.6% X 3.0%, Financellinsurance ------------ E dlu catio nal 57.9% 0.0% 8.7% 5.2% 0.7%, 0.4%, 0.8% 3.1%, Serdces X X - - - - - - - - - - - Admi nJS LIPP orLNVas to 5.4% 6.2% 2.0% 2.4% 5,.9%, 0.1 %, 9.8.x® 2.3%, M ana gm.lRe med iati o n X X .Ade, ninn stration 1 0.01%1 0.0%1 X 1 2.1% 147.4% 0.0% 15.51% 1 0.01%1 X 1 8.41% % EMPLOYED IN OTHER INDUSTRIES 6.6% 9.4% X 19.3% 1i."'1% 16.7%, 8.6%, 7.1% X '12.1%, *Except Public Administration. Note: No data for tracts 60.12 and 65.01 were included. The out -of -CRA part of tract 60.12 covers large commercial job centers around Congress Avenue and Old Boynton Road. With the tota- employment of 8,811, it would have skewed the summary statistics. IN 570 Generally, employment densities as measured by number of jobs per acre are low. This is especially signifi- cant since most of the area within Census tracts 61.0, 62.01 and 62.02 is part of the Downtown Transit -Ori- ented Development District. The employment densities in these tracts are 3.11, 7.12 and 4.34 jobs per acre while the Community Center station, a model for the Boynton Beach Downtown TOD District, stipulates densities between 45 and 65 jobs per acre (see the 2012 Florida Department of Transportation's Florida TOD Guidebook). The industry with by far the highest share of total employment in 2014 was retail trade at 22.4%, closely followed by healthcare/social assistance at 20.5%. The share of the next two industries, accommodation/ food services and construction, was much lower at 11.9% and 7.7%, respectively. Of the two Census tracts fully enclosed wn the CRA area, tract 62.02 has a relatively high concentration of the healthcare and social assistance jobs, and the highest share of professional/scientific and technical assistance jobs. (Tract 63.00 clearly dominates in healthcare employment due to the location of the Bethesda Hospital within its borders, but the facility is outside of the CRA.) Retail trade dominates in tract 61.00. 2 UXIOBA M-11110,051FIMINI IINTIMM 110 Sd�es Since tract 60.12 has both the highest job number and sales per acre (see Table 6), and its major commer- cial section is outside of the CRA area it was ain omitted from the table as was tract 65.01 located most TRACT 5:7;01 5:7.02 61 62.;01 6:2.0 6 2.0 3 63 AREA Area in Acres 338 671 628 47,6 c11 350 828 3,502 Jobs per Acre 0.77 Q0;76 3.11 7.1 �2 4.34 2.95 3. Sales per 1 1 1 Acre in $, 57,923 120,295 594,4 7 33 ,1�28 984,141 3 T2,1 8 '6 780,885 530,461 3 �II 571 EM Elm MEE representsEffective Buying Income (EBI), also referred to as disposable income, is defined as income after taxes; as such, it area'spurchasing !♦ " Buying Power Index(BPI),4' . .i studyis based on a formula which includes effective buying income as well as population and retail sales.) Table 12 shows EBI density -aggregated household effective buying income per acre -for Census tracts in the extended area. TRACT 57.011 5T.02 6"x.'001 6.2.011 62..'C12' 62.. 3- 6.3,68 A re a in A c re s 3.3.3- 6.71 6.2 8 4'7'6- 211 3.60 23- 828, N N u ber �of IHI ous,eNh,olds 1,6-6-4 2,2 3 G 1,73.6 1X532 1,624 1 M3o'0� 2 ,6- -' N u be r of IHI ou se lh o Ild s. per acre (occupiied dwe111iing uAunits per acre)- 4.92' 332' 276 3,22' T.,21 372' 3,22'. Aggregate A nnuna11 H ou s e h o lid E BI, in rn 11lio n � 6'7 „5 '�0„'6- x7'7„ X6-'7„1 -77..3 52 „5 155 Average 116ouaseholld E1511 $34,555 $40,B26- $44x644 $43,Z04 $50,722 $40,3TI 56-,404 EB[ per acre $x'69,926 136,'g44 12'3,34o $140,966 $366,6'65 $150,140 $166,262'. There are no workers in the "Workers over 16 Commuting 30 minutes or over" category for block grou-,# 62.022. This can be explained by the age distribution: 62.022 has the highest percentage of people 65 and over (69.5%) and a highest median resident age of 72.2; thus, it also has a very low labor force participation. TABLE 13. Selected commuting indicators BLOC KGR OULUP 57.014 57.022 67.824 61.001 61.0482 61.883 62.011 ®%,woMier sover16,idrove aVonme 91.8% 67.2% 93.8% 81.5% 77.8% 81.8% 86.0% 1%, woMier s over 16, coram rlmutling 30, rtrmiircnuuitiesofovier 24.6% 24.0 37.4% 22.7% 7.8% �13.4 24.5% BLOCKGR OULU19 62.812 62.821 62.822 62.831 63.001 63.884 Cii ywi4e 1%, wo Mier sovier16,i6rove ailomne, 73.9% 69.6% 02A 86.8% 94.7% 96.4% 8.2.3'8% 1%, orkieers ovier 16, eorn rrm-utling 30, mi�Mtesofovier 16.7% 2:5.6% 0.0% 14.8* 66.3% 32.9 34„301%, 572 CRA AREA WORKERS WITH A COMMUTE OF 30 MINUTES OR MOR by Census Block Groups, 2012 5 -Year Estimates I I I d 9 a w w d m '01 z o Old Boynton EG a u m m rn W Boynt n Beach Blvd z I I I d a w w d '01 z o Old Boynton z W Boynt n Beach Blvd Z � -I 2 N_ > Woolbright Rd w w d r 0 V Golf Rd SW 23rd Ave N h� Rd 33 N A* 0 437.5 875 1,750 2,625 3,500 Feet Legend 0.0%-7.8% 7.8001%- 16.7% ME 16.7001% - 22.7% 22.7001% - 25.6% 25.6001% - 38.1% -38.1001% - 55.3% CRA Boundary ....................................................................................... Figure 11 573 1= mm ENEM mm 34 574 U IIII IIII VIII :Y """' IIII'°°°° IIIIIIIIIIIIIIIIIIC IIII''°°°° VIII IIID VIII' VIII IIID As of the IiA qt mite iiia°f 2014, „5 Illf iiia liii t °hili iiii�iiir�i Ilii iiii,.� ° Illl e mPo iiia iiir. a l,)f ll d 2 VIII iirr � dill' � it° IIID& IIID,°' IIII .�� ilii s Illl�� iiir IIIIRetaIHIII I rade doiiir.iirflhnated iiia IIID VIII , n iiia t 22 111% of °I IIID e totaVIII, Vf6Ilbwed by Illlh°°° VIII°IIID ilii Ilii VIIIAssIlistince °l % r�� IIII'IIIII �� iliideiiiaEdty Jibs IIpeiiii, s a Ibw II iiir i Ilii li iii areas ear VIIIocat the III' o iiit iii I CIdentedVIII' w VIII 1114 iiia° ° IIII'' Ilii s° ilii,° liii c iiir 'iiied iiiironi II I 12, n t 1IIID b6km 45 5 iiiiv ii yvr,,imnded Che C ilia i'TIWI Ilii °ty StatIbin ir. d6IIII 35 575 36 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillilliillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillilI 576 Zoning Conditions AV Future Land Use & Zoning 577 IIII........... X*II' � LJ VIII&,Z'QIVII IIIDG N A 0 1 -ffille I UNN WN, I , I The maximum densities of the Special Hi• ! ! owntown Transit -Oriented D- !• 1 ][44901 •Ly I .0 Z stations on the FEC in Pal Beac , Broward, and Miami -Dade Counties, including a new Boynton Beach station just south of Boynton Beach Boulevard. The increased allowable density aims to eventually bridge the gap between the current 11 -to-1 6 units per acre range recommended for the Community Center station, a model used for the Boynton Beach district. #Jstricts are limited to the CRA area, and have As per the City's Comprehensive Plan, the Con- servation Overlay on 27 acres at the center of downtown restricts development of affected prop- erties, requiring preservation of 25% of the native habitat (federal, state and county laws may addi- tionally apply if mangroves occur.) The downtown Conservation Overlay spans over one-half of wa- terfront properties located east of Federal Highway between NE 6th Court and NE 2nd Avenue. Among the zoning districts applicable to the CRA (see Figure 13), Mixed Use Low (MU -L) has beer �T-*Ket Mixed Use Low 1, 2, and 3. The Central Business District will eventually be replaced by the Mixed Use High (MU -H) District, corresponding to the Mixed Use -Core Future Land Use classification which has already been preemptively applied 38 actes o s MTV# in FIT !11w/1-2,re2i. I 0I111111111111A & as VIII VIII liii °liii VIII Xcqption Future development in the downtown and sur- rounding neighborhoods will continue to be facili- Concurrency Exception Area (TCEA, see Figure 12) designation, established in 2005. The TCEA designation constitutes a flexible transportation concurrency option approach, aimed at reducing the adverse impact transportation concurrency may have on urban infill development and redevel- opment. Within the pre -established TCEA devel- o�ifment thresholds individual •xo'ects are exem%t from the requirements of the Palm Beach County Traffic Performance Standards. The exceptions apply to all land uses and development within the TCEAarea. In addition to the TCEA provisions, the CRA area is also subject to the Coastal Resi- dential Exception. 578 DESIGNATION Maximum Densityllintensity ESTIMATED ACREAGE RESIDENTIAL, in which: Law Density 5 dual/acre 110 Maderate Density 7.5 dual/acre 1 Miediiu�m Density 10 dui/acre 107 Hii.qh, Density 11 du/acre 263 Speciiall Hilgh, Density 20 dui/acre' 103 COMMERCIAL,, in which: Office 0.4 FAR 5 Locall Retaiilll 0.5 FAR 209 General 0.5 FAR 24 INDUSTRIAL 0.5 FAR 63 MIXED USE 40 dui/acre/ 3.0 FAR 75 MIXED USE-CORE 80 duJacre"I 4.0 FAR 64 RECREATIONAL 0.5 FAR 87 PU BLI C & PRIVATE GOVERNMENT/INSTITUTIONAL 1.0 FAR 90 TOTAL x 11,2011 CONSERVATION OVERLAY X 69 ' See explanation below 39 579 CRA FUTURE LAND USE MAP 580 South CRA ZONING MAP 1E LEGEND Zoning Districts: R1AAA Single Family R1AAB Single Family R1AA Single Family R1A Single Family R1 Single Family ii R2 Duplex R3 Multi Family PUD Planned Unit Development ® IPUD Infill Planned Unit Development C1 Office Professional 0 C2 Neighborhood Commercial ® C3 Community Commercial ® C4 General Commercial CBD Central Business District M1 Light Industrial 0 MU -L Mixed Use Low 1 MU -L Mixed Use Low 2 MU -L Mixed Use Low 3 MU -L Mixed Use Low - MU -H Mixed Use High REC Recreation ® PU Public Usage ®®® CRA boundary 0 5001,000 2,000 3,000 4,000 Feet Figure 13 581 i iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillilliillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillilI 582 RR row M-Mra-milo-ff"Um Public Art ol. W 43 583 44 584 This section describes current land uses on the 3,210 parcels located within the CRA. These are land uses "on the ground," reported by the Palm Beach County Property Appraiser's Office and based on the Florida Department of Revenue (DOR) land use codes. They usually—but not always—correspond to the general categories of the City's Future Land Use classifications or zoning districts, as reviewed in this. Future Land Use and Zoning section above. I UITHM4111M." I FN'o.. of LAND USE par Is parcels LAND USE No. of parcels 11..VACAN'T* 28 3. IMPROVED Industrial 75 Residential 244 Light In 5 Colminnercial 90WarehoL1sesfclist6bution/storage 70 Industrial 4 4.. lINS"T'IT'U"T'IONF ,ALJO"T'HER 206 2.. IMPROVED residiential 2,222' Religious 50 Single-family cletached 11,289 Park/rec /private rec 55 Townhoirnes X23 Lakefwater 22 Rental,, imore than 10 units 26 Private schools 6 -in which income -restricted 9, Public schools (PBC SB) 3 Rental,, less than 10 units 197 Soc�ial services 5 Concloirniniums" 87 Nursing hoirnes 3 I IMPROVED commercial 240 Fraternal Clubsiorganizations 3 Stores 67 Funeral homes 2 Dept. stores/ SUpermarket/shoppin 9 6 centers Utility 3 Stores/office/resiciential 33 Buffer/R-O-21other 54 Office. one 53 storyfIML]Itistorylprofessional TOTAL NO.OF PARCELS 3,210 Restaurants 18 Auto repair/seraice/nnachinery 34 sales/seraice SELECTED OWNERS Financial/insurance 5 GftylCRA III Motel 91 j FEC rari`road (centrally assessed) 11 Service station 6 PBC Housrng Authonty [Working waterfront 2 —.45 JDOT 14 10then 7 ISFWMD 15 * Vacant category includes unbuilt parcels with valid development orders. Vacant City -and CRA owned parce may be coded "Vacant" (in a specific category), but also "Municipal" or "District." ** There are 87 parcels developed with residential condominiums or cooperatives in the CRA, with 4,485 con1d. minium units and 245 cooperative units. The table above shows land use -based CRA parcel distribution (see Figures 14 and 14A, 15 and 15A, and 16 and 16A for geographic distribution of land uses in the CRA:s central (downtown), northern, and southern sections). The majority (71 %) of the parcels within the CRA are developed with residential uses. About 10% of the parcels within the CRA are vacant, a majority of them residential. Most are small, less than an acre in size; only nine are larger, ranging in size from 1 to 3.2 acres. 45 585 LAND USES IN THE DOWNTOWN SECTION � r U v m N 74th Ct NW 74th Ave � Z NW 4th Ave 3 2 3th i57 ■� "%18N1111 'ff- 1 1 ff1111� � N, >Lnr Lia to 1.,..0, mail0 111■111 W II U, M [Bill M NJ 9th A e U�111NE 9 W 8th Ave ®'. rrrrrr R A ? o% �NOR NE 7th s y ■ �� 1� iii R �i Z « W 6th Ave NE IWlllffll .. ..� y IIIIIIIIII 2 1�r Mh Ave _ NW 5th Av Q m ®�� iiiilii 11111111111116 � N r NN JI�I�I�I c TANW', Ave v fXABI ®»U NJ[fU i f UUIffffff I'm 3rd Av ]111 NW 3rd Av RM Std NE 3 d ll1 Boy vd .... Ing 0 � A woman ■ 1 QUI1 VVI11� 1I1I1I1I1I1I I NW 1st Ave y P NW let Av 11L llll)4 jlj W Ocean Ave z v ;....I CRA Boundary Note: Vacant City -and CRA properties are included in both "Institutional" and "Vacant." "Vacant" may include parcels with valid development orders. kh Blvd 4 y as v C Ocean Inlet Or WfiP I NE 9th AveEll l� Legend 70th Ave a= SW 2nd Ave Land Uses (DOT codes) Morton W MO IN�M)), NE 7th Ave vacant SE 3rd Ave water bodies single-family homes R rec/parking )townhomes m SE St / N institutional Q multifamily u m TSE 6th Ave 4 .y. SE 7th Ave r vffe[. Ke psbur commercial W I� industrial y SE 8th A A parks/rec M SE 9th A% ;....I CRA Boundary Note: Vacant City -and CRA properties are included in both "Institutional" and "Vacant." "Vacant" may include parcels with valid development orders. kh Blvd 4 y as v C Ocean Inlet Or WfiP I NE 9th AveEll l� utilities 70th Ave SE 10th AV 11MVV Morton W MO IN�M)), NE 7th Ave ISI" 0......................row -buffer SE 11th Ave water bodies rec/parking E 13th Ave S SE 14th Ave N institutional N � � ht Rd E W ;....I CRA Boundary Note: Vacant City -and CRA properties are included in both "Institutional" and "Vacant." "Vacant" may include parcels with valid development orders. kh Blvd 4 y as v C Ocean Inlet Or WfiP I NE 9th AveEll l� II 1 NE 8!h AveW 11MVV BE IIS MO IN�M)), NE 7th Ave I ddA -.. reenona�r. JJ�� O B ookdale Dr Ynntlll uuuuuu�nnnnum MMMMW Figure 14 586 THE DOWNTOWN SECTION COMMERCIAL USES Legend Vacant Commercial Stores/ Mixed Use Restaurants Office Auto Repair Service Stations Warehouse/Distr. Light Manufacturing CRA Boundary Note: "Vacant Commercial" includes some CRA -owned properties. It may also include parcels with valid development orders. N 11th N Ave S 14A 587 LAND USES IN THE NORTHERN SECTION Legend Land Uses (DOT codes) ® vacant single-family homes townhomes �I multifamily commercial industrial institutional CRA -owned parks/rec utilities ......................II� r/w - buffer U lakes rec/parking MONONA %0 CRA Boundary Note: "Vacant" may include parcels with valid development orders Figure 15 :: THE NORTHERN SECTION COMMERCIAL USES 49 589 LAND USES IN THE SOUTHERN SECTION Blvd South Blvd Point Blvd h N 087.51]5 350 525 700 ®Feet Legend Land Uses (DOT codes) vacant single-family homes townhomes ��Illlllllll ( multifamily commercial industrial institutional CRA -owned parks/rec utilities �.......................� r/w - buffer lakes rec/parking MENEM 0�� CRA Boundary Note: "Vacant" may include parcels with valid development orders. FiF ure 16 590 THE SOUTHERN SECTION COMMERCIAL USES N4 N ain Blvd South Blvd High Point Blvd ° .i Ca a, , 1 , : virq is Gardenjfj� I Legend 511 N 0 87.Y 75 350 525 700 ®Feet Vacant Commercial Stores/ Mixed Use Office Restaurants Warehouse/Distr. Light Manufacturing Auto Repair Service Stations ■ ■ CRA Boundary 0111 01111 City Boundary 591 As Figure 17 shows, the 46 undeveloped CRA -owned parcels are concentrated in the downtown f largestsurrounding neighborhoods, mostly in the Heart of Boynton area east of N. Seacreast Boulevard. The three . include two groups of • one located between NE 4th w • NE 5th Ave- nues, consolidated into a property with an area exceeding 4 acres. Most of the lots in the first group face Martin Luther King, Jr., Boulevard on the north and south sides. The second group is clustered around a centrally located green space, and tentatively designated for the future Cottage District project. The large Not, 4 -acre property is a future site of the Ocean Breeze East project (Ocean Breeze West on the west side of N. Seacrest Boulevard has recently been developed with 21 single-family homes). While the Cottage District project is currently envisaged to be a low density development, the Ocean Breeze East and any potential projects on the Martin Luther King, Jr., Boulevard can avail themselves of higher density options of 30 to 40 units per acre approved as part of the 2014 update of the Heart of Boynton Community Redevelopment Plan. In addition to vacant parcels owned by the CRA, the area contains some City -owned vacant land. On the west side of N. Seacrest Boulevard and directly south of the Poinciana Elementary STEM Magnet School, City -owned vacant lots will be utilized for building for -sale single-family homes as part of the "Model lock" development. 592 CITY- AND CRA -OWNED VACANT PARCELS 53 593 Table 16: FMSF Inventory Sites within the CRA m 594 Sites Within'the CRA IBoundary IListed in the 1996, FMSF Survey No. Namie Address ?CN Buiiillt Style Significance I Uil All Projpertlies, Ilnc. 11205. Federall Hwil. c.1935 Bull Arcliftecture, recreaton (tourlisil 2 Mary Lall House 625 S. Federall Hwy. 1018-43-45-29-017-0103-010,91 c.1914 Frail Vernacular ArclifteLture 3 Joseph C. Rebs House 421 SE 5th Ave. 1018-43-45-29-017-0102-0113 c.1930 Frail Vernacular ArclifteLture 4 Jean Carnahan House 425 SE 5th Ave. 1018-43-45-28-017-0102-0112 c.1920 Frail Vernacular ArchiteLture 5 lora L. Sweat House 421 SE 4th St. c.1935 Frarne Vernacular Architecture 6 Denis D,. &.Cheryll J. Meadows House 429 SE 4th St. c.1930 Frarne Vernacu Ilar Architecture 7 Michaell W. Bovdiden House 4017 SE 4th St. 1018-43-45-29-017-0102-010,510 c.1920 Frame Vernacular Architecture 9 Micheline Many House 227 SE 3rd St. c.1913 Frame Vernacular Architecture 9 K. &. Helen Lyman House 2215SE 3rd St. 1019-43-45-28-013-0112-010,72 c.1926 Frame Vernacular Architecture 10 Edith Ancreves House 3065,E Ist Ave. 1019-43-45-28-013-0112-010,40 2907 Frame Vernacular Architecture, le K13 11 o,ratii o settll e in le i 11 , Harvey E. OyerBulilldling 521 E. Gcean Ave. 1018-43-45-28-013-0106-01013 c.1949 C,cInrnercliall Architecture, cc I rn e rce 12 R. &. A n n e E. G e 1111 e - B u 1111 d ii il 110,45. Fecerall Hwy. 1018-43 -45 - 2 7 -014-010,01- 01012 1 c.1920 C c In rn e r,c ii a 11 Architecture, cc I rn e rce 13 Furst Uil Methodost Church 11011 N. Seacrest Blvd. c.1945 G oth Gc R evh1a 11 Arcliftecture, re 11 g ii o n 14 Gen. Daliinell O'Connell House 21013 NVV 3rd St. 08-43-45-28-10-001-0071 c.1925 WssGoin Arcliftecture 15 Susan J. Wze House 330 NVV 1st A:ve. 0E-43-45-29-10-0106-010130 c.1924 Wsslioin Arcliftecture 16 Teresa L. WHIHs House 324 NO) 1st Aare. OS 43 45 28 1O 006 0050 c.1925 Medfterrainean RevWa Arcliftecture 17 KhadeV House 326 NO) 1st Aare. OS 43 45 28 1O 006 0100 c.1925 Medfterrainean ReqWa Arcliftecture 19 Susan Murray House 320, NO) 1st Ave. 1018-43-45-29-10-0106-0130 c.1926 Wsstin ArclifteLture 19 Herilaball Ilo House 21014 NO) 2nd St. 1018-43-45-29-10-0103-010,12 c.1926 Wsstin ArclifteLture 20 Sullus Computel-Corla. House 221 NOI 3rd St. c.1925 Mission Architecture 21 Gordon Crawley House 323 NE 1st St. 2045 Frame Vernacular Architecture 22 LucyW. Cavanaugh House 4017 NE 1st St. 1018-43-45-21-30-0102-0232 c.1930 Frame Vernacular Architecture 23 Sunshine Events, IInc. House 130, NE 3rd Ave. c.1935 Frame Vernacular Architecture 24 Teresa Leiija House 126 NE 3rd Ave. 1019-43-45-21-30-0102-010,62 c.1947 Frame Vernacular Architecture 25 lCal-11 H. Arnold House 126 NE 3rd Ave.10,49-43-45-21-30-0102-01019,13 c.1935 Frame Vernacular Architecture 26 Jacqueline M. Jacobson House 120, NE 3rd Ave. 1018-43-45-21-30-0102-01013 19,35 Frame Vernacular Architecture 27 Vctcr H. Trevmo House 121 NE 3rd Ave. 1018-43-45-21-30-0102-01710 c.1940 Frame Vernacular Architecture 28 Davld Euil House Ill NE 3rd Ave. 1019-43-45-21-30-0102-0150 c.1940 Frame Vernacular Arcliftecture 29 Alberto F. & Gwendolyn Busey Hous E 130, NE 4th Ave. OE -43-45-21-30-0102-010,50 c.1940 Frame Vernacular Arcliftecture 30 Joseph A.G. Jean House 124 NE 4th Ave. O,E-43-45-21-30-0102-010,61 c.1940 Frame Vernacular Arcliftecture 31 Henry Roberson House 124 NE 4th Ave. 1018-43-45-21-30-0102-010,90 c.1935 Frame Vernacular Arcliftecture 32 Foster and Deall House 122 NE 4th Ave. 1018-43-45-21-30-0102-01010 1935 Frame Vernacular Arcliftecture 33 Henry Roberson House 11016 NE 4th Ave 1018-43-45-21-30-0102-01110 c.1925 Frail Vernacular ArclifteLture 34 Mchard B. Hollines House 120, NO) 4th Ave. 1018-43-45-21-017-0102-15010 c.1925 Wsslioin ArclifteLture 35 Orabefla McIver Nelson House 124 NW 4th Ave. 101,E-43-45-21-017-0102-15110 c.1935 Mission ArchiteLture 36 Tillman Barachell House 5015 N. Seacrest Blvd. 1018-43-45-21-017-0102-246,13 c.1925 Mission Architecture 37 Lillian F. Oyer House 522 N. Seacrest Blvd. 1018-43-45-21-29,-0103-010,54 c.1925 Frail Vernacular Architecture 38 Lillian F. Oyer House 526 N. Seacrest Blvd. 1018-43-45-21-29,-0103-010,54 c.1935 Frame Vernacular Architecture 39 Carlos A. and Lenor Perez House 125 NE 4th Ave. 101,9-43-45-21-29,-0103-010,52 c.1930 Frame Vernacular Architecture 40 B. Bailey and Cecilia Derlle House 122 NVV 5th Ave. 1019-43-45-21-017-0102-243,0 c.1920 Mission Architecture 41 Carnmer House 11014 NVV 5th Ave. 1019-43-45-21-017-0102-24510 c.1928 Mission Architecture 42 H.L. and Ilona L. Smith House 527 NE 1st St. 1018-43-45-21-29-0103-010,11 c.1935 Frame Vernacular Architecture 43 B.T. and Geneva WflIkins House 133 NVV 6th Ave. 10,19-43-45-21-017-0103-110,60 c.1946 Masonry Vernacular Architecture 44 Mascolo House 9,012 N. Federall Hwy. 0E-43-45-22-013-0102-0241 1946 Masonry Vernacular Arcliftecture 45 Harold E. and Marjo,rle Gchste�in Hou 6'36 NE Sth Ave. O,E-43-45-21-32-0105-0171 194,01 Frame Vernacular Arcliftecture 46 E.O. Proper6es III House 110,10 NE 7th St. 1018-43-45-21-32-0107-010,21 c.1945 Frame Vernacular Arcliftecture 47 011d Dutch W111 110,22 N. Federall Hwy. 1018-43-45-21-32-0103-02010 c.1945 Frame Vernacular Arcliftecture, commerce 49 Beil Restaurant 1730 N. Federall Hwy. OS 43 45 15 03 000 01.60 c.1925 Medfterrainean ReOva ArclifteLture 49 James P'. Foil House 626 LakesWe Harbor OS 43 45 15 03 000 0036 c.1920 Frail Vernacular ArclifteLture 50 Duncan and Flora Coutts House 626 Potter Rd. OS 43-45-15-01'2:-000-11S+0 c.1928 Frail Vernacular ArchiteLture 51 Peter and Michaell Flloo,d House 644 Potter Rd. 1018-43-45-15-012-01001-21210 c.1925 Frame Vernacular Architecture 52 FII. Islander IInverstrment Co. Ill Hou l 628 Dill Rd. Ic.1940 Frame Vernacular Architecture m 594 significance (and the possible eligibility for the registers) starts with its inclusion in the Florida Master Site File (FMSF); the only requirement for a site to be entered into the FMSF is that it be over 50 years old. The FMSF is an inventory only and does not offer any form of protection for the sites included. See Figure 18 for location of Wistoric sites. I he �hnve�itary the G�RA The sites listed in Table 16 are located within the CRA boundary; these were included in the original survey un- dertaken in 1996. The majority of these sites will likely be eligible for inclusion in the Boynton Beach Register of Historic Places (Local Register). Some may also be eligible for inclusion in the National Register of Historic Places; however, a thorough inspection is required before a decision on eligibility can be made. The FMSF is currently being updated through an ongoing survey which will include all sites in the city built before 1965. As Boynton Beach expanded greatly in the post-war years, an estimated 1,500 sites need to be surveyed. This survey will update the current entries in the FMSF and will add a large number of new sites. Many of the newly surveyed sites will be eligible for inclusion in the Local Register and some may meet Nation- al Register requirements. Table 17: Known siqnificant sites within the CRA not on the FMSF Survev Table 17 on the following page lists known sites within the CRA area that will most likely be eligible for inclu- sion in the Local Register. As this survey is ongoing, further properties will be found that will also meet the requirements for local and national designation. It should be noted that Table 2 includes three sites which are not yet fifty years old. They have been included due to their special architectural and historical significance a ] their uniqueness within the city. The Land Development Regulations state "Individual buildings shall normally be at least 50 years old thus allowing younger buildings to be designated if appropriate. 55 595 Known Significant Sites Within the CRA Boundary not Listed in the 1996 FMSF Survey No. Narne Address Buitt style S; wnifkance 1 3804 N. Sunset Rd. 3804 N. Sunset Rd. z1942 Frame Ve',,acula, Aicl)AettUle 2 390P9 Penwinkle Ln. 3909 Penwmlkle Ln. c.1942 Masonry Vernacular AFCll possilblyAgnCUItUre 3 1000 S. Federall Hwy. 100D S. Federall Hwy. 1974 Nauticall Moderne AFCll art 4 915 S. Federall Hwy. 915 S. Federall Hwy. c.1924 Frame Vernacular AFCll 5 915 SE 3rd St. 915 SE 3rd St. c.1926 Misswn AFCll 6 425 SE 5th Ave. 425 SE 5th Ave. C193D Frame Vernacular AFCll 7 115 SE 4th St. 115 SE 4th St. Pre -1335 Frame Vernacular AFCll Soball History 8 Ruth Jones House 480 E. Ocean Ave. c.1924 Frame Vernacular AFCll 9 Harvey Over Budding 529 E. Ocean Ave. C1919 Commemall AFCll 10 Arcade Building 515 E. Ocean Ave. 19611 Commerciiall Ardl 11 The Blossom Shoppe 402 E. Ocean Ave. CA951 CommeroaJ AFCll 12 30�3 NW 1st Ave. 30�3 NW 1st Ave. c195D Masonry Vernacular AFCll 13 First Baptist Church 301 N. Seacrest Blvd. 1947 Necolasskall Remal AFCll Refipon 14 411 E BoynInn Beach B1,vd 411 E B.Vntn Beach B1,vd c 1959 C.mmeroll Ardl 15 518 NE 4th St. A 518 NE 4th St. A c.1925 Misswn AFCll 16 617 NE 3rd St. 617 NE 3rd St. c.197D Commeroall AFCll 17 240 NE 6th Ave. 240 NE 6th Ave. c.1972 C.mm.m.11 Ardl 18 Sara Sims Memonall Gardens 201 NW 9th Ct. 1959 Cemetery A roll a e o 11 op V, Art, Ethnic Hentage, Small History 19 1001 W Railroad Ave. 1001 N. PaHroad Ave. C193D Frame Vernacular AFCll 2D 10Q7 W Railroad Ave. 1047 N. R.fl,s.cl Ave. c195D Frame Vernacular Ardl 21 True Defiverance By Faith Church 428 E. Martin Luther (mg Jr. BIN c.1942 Commeroall AFCll Small History 22 St. Paull AME Church of Boynton Bea 315 E. Martin Luther (mg Jr. BIN c.1954 Gotll Revivall AFCll Refipon 23 114 NE 11th Ave. 114 NE 11th Ave. c.1949 Frame Vernacular Ardl 24 12D NE 11th Ave. 120 NE 11th Ave. c.1946 Frame Vernacular AFCll 25 227 NE 11th Ave. 227 NE 11th Ave. c.1941 Frame Vernacular AFCll 26 329 NE 12th Ave. 329 NE 12th Ave. c.1949 Wood Sidling Ardl 27 33D NE 12th Ave. 33O NE 12th Ave. ¢.1945 Frame Vernacular AFCll 28 335 NE 12th Ave. 335 NE 12th Ave. c.194D Masonry Vernacular AFCll re 29 Daise Temple Church of God m Cll 34C NE 12th Ave. c195D VemaCUllal Ardl Refipon 3DB 413 NE 12th Ave. 413 NE 12th Ave. ¢.1946 Frame Vernacular AFCll 31 416 NE 12th Ave. 416 NE 12th Ave. C1939 Frame Vernacular ArchueltUre 32 418 NE 13fl, Ave. 418 NE 13th Ave. E1939 ,r Frame Ve,,acL: a Soball ll 33 416 NE 13th Ave. 416 NE 13th Ave. c.1946 Masonry Vernacular AFCll 34 240 NE 13th Ave. 240 NE 13th Ave. c.1943 Frame Vernacular AFCll 35 123 NW 13th Ave. 123 NW 13th Ave. c.1945 Frame Vernacular AFCll 36 119 NW 13th Ave. 119 NW 13th Ave. c.1945 Frame Vernacular AFCll 37 125 NW 13th Ave. 125 NW 13th Ave. c.1945 Frame Vernacular AFCll 38 2611 N. Lake Dr. 2611 N. Lake Dr. 1941 Frame Vernacular AFCll Table 17 on the following page lists known sites within the CRA area that will most likely be eligible for inclu- sion in the Local Register. As this survey is ongoing, further properties will be found that will also meet the requirements for local and national designation. It should be noted that Table 2 includes three sites which are not yet fifty years old. They have been included due to their special architectural and historical significance a ] their uniqueness within the city. The Land Development Regulations state "Individual buildings shall normally be at least 50 years old thus allowing younger buildings to be designated if appropriate. 55 595 HISTORIC PROPERTIES WITHIN THE CRA °w 596 HAVE MEE ®®®®®& MI R 90 C .. LA I APARKBGUR 2 ; O �.. 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WAY 2 BE 25TH GT U 28TH AVE SW 28 H AVE SUNSET RD SE 287 A 00 ES 29TH A 30TH A 2 OLD ..N.,RO F y » SE 3+ST AV ER NO 0 250500 1.000 1,500 2,000 ®Feel MISSI N ILL RD K D O 3 2 O C < P Figure 18 pF W O 2 y _ O GU FS REAM O GOLFVIEW DR S 36 F O T T N O GULFSTREAM ORCHID LN O NW 25TH ST h Y BE CARIE ST INDIGO pT °w 596 0��RA Stes W�tar Natiaaii ilii iliiiiii Boynton Woman's Club, 1010 S. Federal Hwy National & Local Registers Significance: architecture and social history Built in 1926, the Boynton Woman's Club building is a fine example of a Mediterranean Revival structure from the Florida Land Boom era. It was designed by the renowned architect Addison Mizner and its construction was partly funded by the estate of Major Nathan S. Boynton after whom the city is named. The Boynton Woman's Club, incorporated in 1911, was established to support the welfare and civic growth of Boynton. The building housed the city's first library until 1961, provided refuge for victims of the 1928 hurricane, serve,4 as a U.S.O. center during World war 11, and has been provided free of charge to host events held by numerous civic organizations. The Woman's Club has sponsored many groups and offers annual scholarships to students who reside in the city and plan to attend a Florida college or university. Boynton School, 141 E. Ocean Ave. National Register Significance: architecture and education The Boynton School (Elementary School) was built in 1913 and is an excellent example of Masonry Vernacular architecture. It is one of the last works of William W. Maughlin, a prominent local architect who was known in Palm Beach County for his designs of several public and private buildings, including the 1908 West Palm Beach High School. The building operated as a school until 1990, after which it was used for special programs. In 1994 the site was added ferred to the City of Boynton Beach. The Schoolhouse Children's Museum and Learning Center was opened in 2001. The school is built from rusticated concrete blocks, which was a huge step for- ward for the city as all previous school buildings were built from wood. The site has been associated with education since 1900, when classes were held there in a one -room wood frame school. Audrey D. Gerger House, 331 NW Ist Ave. Local Register •',, architecture of the Mission style from the Florida Land Boom era. It is the only example in the city of a Mission style two-story duplex. The building retains many of its original architectural features, including shaped parapets, scuppers, moldings, and exposed rafter tails on the exteri- 57 597 *r, and wood flooring, decorative fire surrounds, stairs, and doors in the interior. Previous owners of the property include Minnie Paulle, who paid off the mortgage on the Boynton Woman's Club building; Leslie B. Crane, principal of the Boynton High School; ?.nd Clyde and Margaret Harris. Clyde Harris was the principal the Boynton High School and the Elementary School, principal of Palm Beach High School, director of the 8th District of the Florida Education Association and a founder of the Orchid Soc'et of the 11111111111 111 MENU Oscar Magnuson House, 211 E. Ocean Ave. Local Register Significance: architecture The Oscar Magnuson House is a two-story Frame Vernacular structure that was built c.1919. It is one of the oldest structures the city. The building retains many of its original external featur including the double -hung wood frame windows and wood sidin• Internally, the original wood floor remains and almost every wall viii surface is finished with wood beading which runs vertically, horii zontally, and diagonally. Oscar Sten Magnuson was born in Sw den in 1875. It is not known when he moved to Boynton or whe he bought this property although we know he lived in a shed on the site prior to building the house. An early Boynton pioneer, 11 (fill he earned a living as a farmer by growing ferns at his fernery o High Ridge Road, The ferns were packed in ice and shipped by rail to northern markets. Oscar also grew and grafted mango an avocado trees. Boynton High School, 125 E. Ocean Ave. Local Register Significance: architecture and education Built in 1927, the Boynton High School was the first high school in the city. It is an excellent example of the Mediterranean Revival style of architecture. Moreover, the two front corner towers incor- porate elements of the up and coming Art Deco style which was introduced in the 1920s. As a hybrid of the two styles, the building is also significant in the history of Art Deco, especially as so few examples of this style can be found in the city. The school was '0.06&MOi. oosis#n- er of many Palm Beach County Schools and other notable build- ings. One year after construction, the structure was badly dam- 9.ged by the 1928 hurricane when the second floor walls of the 9.uditoriurn collapsed. Many people who were seeking refuge from the storm were injured. The school board retained King to over- see the repairs. The school retains many of its original internal ?.nd external features. The building, which operated as a school until 1990, has lain vacant for a number of years and is in need of repair. It is currently included on the Florida Trust's list of 11 Most Endangered Historic Sites for 2015". 58 598 Boynton Hills Lights, NW 1st Str. Local Register Significance: architecture and streetscape design The four Boynton Hills lights are located in the circular landscaped traffic islands in a north/south direction along NW 1st Street between Boynton Beach Boulevard and NW 10th Avenue. The lights and landscaped areas are an integral decorative element of the ornate street layout pattern of the Boynton Hills Subdivision which was platted in 1925. The lights, man- ufactured by Westinghouse Electric, were once common throughout the city; however, only five are known to remain. The fifth light is located at the Boynton High School. A 1925 Westinghouse catalogue identifies the lights poles as the "Sheridan" model. The "hollowspun" concrete poles were manufactured by pouring concrete into a mold containing steel reinforce- ment. The mold was rotated at high speed and the centrifugal force pro- 4MWi pole into which the wiring could be inserted. Barton Memorial Park Cemetery Local Register Significance: archaeology, art, ethnic heritage, and social history The Barton Memorial Park Cemetery (historically known as Cherry Hill Cemetery) was started as an unofficial burial place for the city's Afri- can-American community. As it was not a "official" cemetery, there are very few burial records. The earliest legible grave marker dates to 1926; however, it is likely the cemetery dates to c. 1900. During the initial planning stages for the construction of Interstate 95, the proposed route of the high - tion of burials. However, research indicates that the route of the highway was altered to bypass much of the site. By the late 1970s, the cemetery had fallen into disrepair. Mary Barton, after whom the cemetery is named, successfully petitioned the city to have the site cleaned up. Although only twenty grave markers remain, in 2012 a Ground Penetrating Radar Sur- vey—part of a successful archeology program undertaken by the City in conjunction with students from local colleges and universities—identified many underground anomalies which are most likely unmarked burials. The Historic Preservation Education Program was initiated in 2013 by a non-matching CLG grant of $18,250 from the Florida Division of Historical Resources. This funding allowed for the creation of a Downtown Heritage Trail and Cemetery Heritage Trail with informational boards, an online interactive website, and trail brochures. The following year, an application for a second CLG grant for $27,200 was ranked first in the state. This funding is being used to create a city-wide mobile application including information on 170 sites of interest. As well as providing educational benefits, both projects encourage heritage tourism and contribute to economic development and city revitalization. The Historic Preserva- tion Education Program was awarded first place in the Florida League of Cities 2013 Florida Municipal Achievement Awards in the "Teaching Your City's History and Heritage" category. 59 599 VIII IIID 111111 IIID"""1111"""' IIII'°��.IIIII IIIIIIIII � � ' VIII r .11111'°�� IIIII� 1111"'� IIII' IIII'° IIIIIIIIIIIIIII VIII'°�IIIIIIIIIIIIIII 1111111111 IIID Park, open space and recreation facilities are classified according to a number of characteristics, including size, service area, population served, facility development, and general function. (See Table 18 and Figure 19 for location, acreage and a general description of equipment in each facility.) Community Parks munity parks are the most comprehensive in terms of recreation activities provided. These parks are the most expensive to build and maintain. The optimum service area of the community park is three miles. Although the optimal size of a community park in Boynton Beach is 15 acres, its actual size should be based on the land area needed to accommodate the desired uses and ease of access from Wilson Park is the only community it within the CRA boundary. Completed in February 2008, the park has two basketball courts, two play areas, picnic shelters, and a multipurpose field. It also includes the Carolyn Sims Center, a two-story, 14,000 square foot recreation center that houses a game room, iiiiclass rooms, multipurpose event room, and offices and catering kitchens. The refurbished John H. Denson Pool features a new triple water slide, water features, lanes for swimming and dressing rooms. Neighborhood Parks Neighborhood parks are the it unit of the Boynton Beach park system and serve as the recreation- al and social focus of each neighborhood. These parks should accommodate a wide variety of user 1111111111111 11 ININ groups, including children, adults, seniors, family groups, and special populations and be centrally lo- cated within each service area, encompassing a Y2mile distance (if possible, uninterrupted by non-res- idential streets or other physical barriers). The CRA area includes two neighborhood !r P` Park and Galaxy Park. The Civic Center has, aside from a recreation facility, play equipment and a maze made of shrubs. Galaxy Park has recently been relocated in conjunction with construction of a new Galaxy Elementary school; re -opened in 2013, it is now located north of the school. Pence Park is the oldest park in the City system. Urban/Open Civic Spaces it parks provide civic open space in the City for the enjoyment of all residents and visitors. Some will serve as elegant public spaces that are designed to complement the urban patterns of downtown Boynton Beach and will become urban oases amongst the bustle of downtown activity. The CRA includes four parks in this category: Veterans Memorial Park (previously Bicentennial Park), renamed after a memorial to the Veterans was installed there in 2008; Heritage Park, a popular gathering place if *rmmO,. ? W"t"tr. erra Club Park, a small grassy area located on Northeast 22nd Avenue; and Veterans Park, a passive park located in the downtown core of the City. GreenwayslBikeways Greenways serve several functions: • They tie park components together to form a cohesive park, recreation and open space system. • They emphasize harmony with the natural environment. • They allow for uninterrupted and safe pedestrian movement throughout the community. 60 600 They provide residents with a resource-based outdoor recreation opportunity and experience. Since greenways are the preferred way to get people from their homes and into parks, adjacency to develop- ment areas and parks is important. Bikeways are urban trails that are paved segments of roadways that serve to safely separate cyclists and pe- destrians from traffic. Bikeways are those trails through the City that connect significant pedestrian destinations such as schools, parks, neighborhoods, libraries, shopping, etc. Palmetto Green Linear Park is located within the CRA on the south side of the SFWMID C-1 6 Canal. The path- way turns into several overlooks that can serve as fishing piers; however, a great amount of trash and refuse has been tossed off the platforms making fishing difficult. Barton Greenway connects the west terminus of the Palmetto Green Linear Park Extension south through Bal ton Memorial Park to the north side of Galaxy Elementary School. 0 Special Use Parks Citywide, parks that have a unique use include Little League Park, Kids Kingdom and the cemeteries. CRA has three special use parks: Barton Memorial Park, Sara Sims Park and the Kids Kingdom Playground. Barton Memorial Park contains gravesites of early African American residents dating back to the early 1900's. It is currently closed for burials. Boynton Beach Memorial Park is the primary public cemetery in Boynton Beach; there are several hundred gravesites remaining (the property was replatted to identify over 300 more sites). Sara Sims Park and Cemetery is an older park, with a plan for a redesign and expansion. The adopted Master Plan calls for preservation and enhancement of the historic graveyard and for creation of areas for community and family events. The CRA purchased properties to implement the plan, and additional ones are targeted for acquisition. Kids Kingdom Playground is a Leathers -designed wooden and concrete play structure, an extremely popular destination for residents, schools, camps and visitors. The structure was built in 1996, involving a volunteer effort by residents. WaterlBeach Access Parks The CRA parks with access to the Atlantic Ocean or Intracoastal Waterway include Harvey E. Oyer Jr. Park (formerly Boat Club Park), Intracoastal Park, Jaycee Park and Mangrove Park. Harvey E. Oyer Jr. Park provides boat access to the Intracoastal Waterway and Atlantic Ocean. The fishing pier was replaced in 2004. The restrooms inside the community center were renovated, the playground equip- ment replaced, and the canal dredged in 2008. Intracoastal Park is the newest, and an extremely popular park in the system. A two story, 7,200 square of building is available for rent for meetings, weddings, recreation programs and activities, etc. Jaycee Park's construction was completed in 2008. In addition to the facilities listed in Table 1, it has a walking path, open playfield, three pavilions, and two (2) bocce ball courts. Mangrove Park contains a 1/4 mile aluminum walkway through 10 acres of mangroves on the Intracoastal Waterway and includes educational kiosks and an observation deck. Trash accumulation in the mangroves has been a problem. it 601 Aside from parks that are spread throughout the City, all of the community/recreation centers are locat- ed within the CRA. These include: Art Center, built in 1992. Operates at capacity, offering classes in arts and crafts, teen and adult fine art, pottery, painting, afternoon recreation, summer camp, specialty camps, pre-school programs and classes. Harvey E. Oyer Jr. Park's Clubhouse, a 2,500 square foot building that offers painting and bridge programs. It is used by community groups and neighborhood associations for meetings and is also used as a rental facility. Carolyn Sims Center, a 14,000 square foot two-story building completed in 2008. Programming includes pre-school, afterschool, teen recreation, sports clinic, social groups, summer camps, specialty camps and the Youth Violence Prevention Programs. Civic Center, opened since 1962. Programming opportunities include youth and adult dance, summer camps, pre-school programs, Jazzercise, language classes, piano and keyboard classes, bridge, music concerts and Outlook Club for the sight impaired. John H. Denson Pool, refurbished and improved in 2008. It includes a triple water slide, "tumble buckets" water play features, teaching area, deck chairs, large umbrellas and dressing rooms. Programs include junior lifeguard training, water fitness, adult swim classes and youth swimming lessons. 1111111111111111 11 (fill f Senior Center, purchased in 19911 and renovated thrice, Programming includes computer classes, card games, dances, live music, association and group meetings, health screenings, music lessons, lunch program, driving classes, group outings, safety courses and various special events. Local groups that provide a variety of services that include AARP, R.S.V.P, Delray Medical Center, Aker Kasten Community Outreach Program, Shopper Hopper transportation service, Mental Health Association of PBC and Mae Volen. 62 PARKS AND RECREATIONAL FACILITIES rk -71 9',v, Wilon Park Sa Sims PIPIII��/ Carolyn Sims Center w and Denson Pool Barton Greenway and Barton Memorial Park a Kids Kirypp'''nlhgdom Playground I a Gal axy Park I Library/ Civic Center Kiwannis Sierra Park Intracoastal Park and Clubhouse Harvey Oyer's ISL ODRgR _., ......and ClubhousePark Pg Palmetto Green Linear Park East Her' Park Heritage .... Mangrove Park llll�_Lg04* i �I��I� LLllll ll �'" "rc tll Veterans Memorial Park I II IIII a 8 Art Center/ Madsen Center 6TH A d'ff (Stage Left Theater) 1 l ,. illll Iri�III, IIII' ,---------------- _______________PencePark Pence Park .... W ,. I i9 Till 11 1111fpiql��lIlI�::I�I �Ilflllill� E400 Dight NTH VD �"" /pr/ M IN BLVD to ;; 6TY1,�1 II -------------------------- I Senior Center 2¢ D E I 1. 17 RDINALy�DR SW�j Ill �y ®® Ei -EW AVE Legend RF RD `egend C _��' f 8 AIR DR ay I ® CRA Boundary MillN FI 11 1 #FI PP II� III I T LD SCHOOL RD Jaycee Park D.C. D D p 9 A� I II.L.L. 3 z a d p y y D 315 63D 1,260 1,090 2,520 Feet V ply CIDP II w � GOLFVIEW DR H D ORCXID LN i GULFSTREAM D 25TH ST m DE CARIE ST INDIGO 603 Parks District T, YP e S'I ze Descilption/Conditioll Barton lMemurial Heart of Special Use 16.216 The picnic equipaient atthe park is in good Park Boynton acres condition. This is a passive park. Vetemns Urban Open ID. 59 The eq uipment at the park is in very, good (Biocentennial) Downtown Sp a ce a cres condition. This is a passive park primarily Mem,&riallPark used fo r s p eci a I events related to veterans. 0 e Park I Boat Federal Hwy, "Nateri Beach 8'.T The park has a picnic area and a playground. 'ClIulb: Pau tk Access acres The equipaient is in good condition. The park has a picnic area, a youth ba s eba I Us oftba I I 'field, two tennis courts a n d a Boynton playground. The equipaient is i n good Gal,axy Park Beach Blvdl Neighborhood 3.95 condition, butuse ofthe park has decreased HOB' acres when it was relocated d ue to the reconstruction ofthe school and the lights on the ball -field and tennis courts were not replaced. Re,ritage Parlk Heart of Urban Open D.29 The equipaient at the park is in good Boynton Space acres condition. This is a passive park. The park has 4 picnic areas and a playground. A Veterans Mieaiorial is located at the entrance. A unique feature of this park Intra,coastal Feder Federal Hwy, "Nateri Beach 9.43 i s a n a cces s 'fo r n o n - ni oto rized'v es s el Pam acres launching,,, AV3-niile concrete path winds around a small lake with a floating fountain. The equipment is in good condition and is h ea:v i I V used. "NaterY Beach 5.49 The park has 3 picnic areas and a Jaycee PainFederal Hvvy Access acres playground. it iV@1L very popular and heavily used.'The equipment is in good condition. Kids Kiingdom Cultural Special Use D.44 The play,groundis heavily used. It is currently, Pl,ay,gimund acres in poor condition. The equipment at the park is in good condition. Itis a passive park, lout the Mangimve Park Downtovin "Nateri Beach Access 11D.72 boardwalk through the mangroves and the a cres viewing area on the intracoastal water way, is Mier' y popular. palimefto Heart of .3 The park has a picnic area and a play'gound. Grp acres The equipment is in poor condition. The park is very, popular; it has a basketball 2. 84 court, a niultipurpose-field and a playground. Penfoe Park Doviintown Neighborhood The eq uipaient is in good condition, butthe acres heavy use of the m ulti -purpose field causes a I of o fvvea r tens on the turf. 64 604 65 605 T h e perk is adj a cent to Sar; Si inns M� ein o ri a I Cemetery'. It has 2 picnic areas and a Sara Sims Park Heart of Special Use 16.9-5 basketball court.The equipment is in poor Boynton acres conclitionfrom general wear and tear. The park is used frequently Io y the neighboring coinmunities. Dewey Pam Downtown Urban Open 2.8,6 This is a passiveparkvi,ith a picnic area.The (Veteran`�s Park,), Space acres equipment is in good condition. The park has two basketball courts, a multipurpose field and a playground. It is Wi4son Park, Heart of Coinmuniby 5.44 heavily used, end the sod suffers a lotofwear 'T Boynton sores an d tea r. h e o utd o o rfurn iture n eed s to be painted or replaced. Playground equipment in good condition. Kwanrem iii Sierm Federal Hwy Urban Open 0.19 'The equipinent at the park is in good 'This Space acres condition. is a passive park. Building has been leased to the Stage Left Recreation Theater C o m p an y and conwd erted into a lMa,dn Center Cultural Facility, 2, FF sf coinmunitytheater. The coinpany allows local shuffle boarders to use the outside courts as a courtesy. B,oynto,n Beach Recreation Auditorium with stage, classroom, dance Civiic Center Cultural Facility, 9,771 sf stud i o, kitchen, I o Ioloy, 'four offices, ces, sto ra g e closet, copier rooin Activity,11-unch rooin, Lobloy,?Coffee room, Computer rooin, fAiulti-purposeroom, 'Stage Seniia,r Center Downtown Recreation 9,8'91 s f room, Fitness room, Classroom 1107, Facility, Conference room"1106, Arts & Crafts room, G a m e ro o in, Kitchen, Offi ce A, Offi ce B, 1 - Office C Recreation Three classrooins, pottery rooin, kiln room, Art Center Cultural Facility, 16,1642 sf toio sink rooins, six offices, closets, lololoy, restrooinns 5oat lube Federal Hwy Recreation 2710N sf Multi-purposeroonn, kitchen, storage, 15,uildiing Facility, restro o in s , co ast g ua rd Denn Poo4 Heart of Recreation 2 909 s,f Office; locker ro o in s;restro o in s, n,i a i n pool Boynton Facility, 7 751.x 367 kiddie poo1, 31,x all" I Carolyn Sims Heart of Recreation 13,8116 Multipurposeroom (two-sided),,gameroom, Ctnter Boynton Facility sf tvio cl as s ro o iii s -1 th ree offi ces Intiracoastal Federal Hwy Recreation 77303 sf Tvio offices, event ro o in, two cl a s s ro o in s, tvio Park Cliulbh,o(u�se Facility, kitchens, restrooms, storage 65 605 VIII IIID VIII IIID """11111""" IIII° VIII IIIIIIIII IIII IIIIIII VIII JIIIC NR I Art in Public Places Program Art in Public Places' mission is to integrate the arts into the greater community. The program's purpo is to stimulate cultural interaction, education and economic development by selecting, siting, install- ing and maintaining public art. Its vision is to connect the cultural environment in Boynton Beach with the global community. The program is funded through the City's Public Art ordinance that collects on percent of construction value of development and redevelopment projects. As development occurs, public art is integrated into the architecture, infrastructure, landscape and greenways throughout Boy ton Beach. To date, 49 public art projects have been sited in Boynton Beach. (See Figure 20 for all t locations of public art throughout the CRA.) Avenue of the Arts The Avenue of the Arts is a year-long outdoor artwork exhibit designed to stimulate cultural interac- tion, education and economic development. The program, initiated by the City of Boynton Beach Art Commission, is implemented by the Public Art Manager. Visitors and tour groups travel through seve blocks in east Boynton Beach to experience twelve inspiring artworks. Along the way, they learn abou the City's amenities shops, restaurants, fishing and diving establishments. The Art Commission may recommend the purchase of one or more of the artworks for permanent placement in the City. To date, nine artworks were purchased, with many participating artists awarde additional commissions. International Kinetic Art Exhibit & Symposium Kinetic art is art that moves physically or optically. Held in 2013 and again in 2015, the biennial Inter- national Kinetic Art Exhibit and Symposium was created by the Boynton Beach Arts Commission and produced by the City of Boynton Beach through its Art in Public Places program. Its vision is to connect the global community to one -of -a kind kinetic art experiences. The free -to -the -public event features both indoor and outdoor kinetic art, educational presentations, (Science -Technology -Engineering -Art and Math (S.T.E.A.M)-based learning displays and the opportunity to meet world-renowned kinetic artists. The event positively impacts Boynton Beach's economic development, branding it as a cultural destination. Boynton Beach Art District (BBAD) YR trial Avenue in the industrial enclave west of Interstate 1-95, off Boynton Beach Boulevard. Created by artists attracted to the area due to the City's Art in Public Places program, BBAD hosts visitors, artists and tour groups from inside and outside the Boynton Beach Community. The industrial warehouse area, once an unsafe dump site, was transformed into a thriving arts community to promote cultural ex- change. Monthly Art walks, voted #1 in Palm Beach County, ever changing murals and interaction with artists create an environment where art comes alive. 66 11-TITt" PUBLIC ART LOCATIONS WITHIN THE CRA 0 Um 311111111111111 a p Industrial Art District 0 Avenue of the Arts Legend Art in Public Places ® Art on Ave. of Art Art Eco Walk Avenue of Art Area M Industrial Art District ®®®®®®EM ® I CRA Boundary w�®®®®®® Parcel 2014 selection N Figure 20 607 VIII IIID 111111 IIID """1111"""' IIII° VIII IIIIIIIIIIIIIS I 111'°Iuc I The following is a comprehensive look at the built form throughout the Boynton Beach CRA. A survey was conducted of a general sample of a variety of buildings and land uses within the CRA. The section begins with a graphic analysis that links the footprints of the selected structures with a street view pho- tograph. Information about each structure including the year built, type of construction, architecture, and square footage follows the images and is referenced by the corresponding map reference number assigned to that structure. This study will act as the basis for design, architectural, and site planning recommendations made in the subsequent redevelopment plan. Federal Highway District 1. Truck Rental This commercial lot was built in 1955. The building has a red brick fagade and areas of stucco that are painted orange. There is a pitched green roof and red brick columns. It is set back from the street but still visible from the right-of-way. There is on street parking and public lighting. 2. Mixed Use This commercial building was built in 1948. It is a concrete block painted yellow with wooden trims that are painted white. The structure has white awnings on the original windows and a barrel tile roof. There is a patio located at the front of the structure containing white wooden fencing and simple wooden col- umns. The building has a shallow setback on a corner lot with driveway and parking access in the front and sides of the structure. 3. Office This office was built in 2011. It is a one (1) story structure made of concrete block and painted off-white ii with white trims. On the front fagade there are white and blue striped awnings with lighting installed above. The windows are rectangular and darkly tinted. There is a crown molding along the flat roof. The building has a shallow set back from the street allowing for landscaping along the public sidewalks. Two driveways provide access to parking on the sides and rear of the structure. ii. Storage This parcel was developed in 1957, including two above ground storage tanks for storage and distri- bution of petroleum gas. This use is currently nonconforming in this location. There are currently two (2) concrete structures on the property. The property has chain link fencing along the perimeter with barbed wire. There is minimal landscaping and/or buffering from the right-of-way. 5. Retail This commercial lot was developed in 1960. This two-story building is concrete block construction with stucco painted yellow. The existing mansard roof is black with a slight overhang. The original windows are long vertical with cast iron rods. The building is slightly set back from the street with landscaping along the right-of-way. 047 -4T*TM N &I I V Tat 1010, Kell 6 Some *T ineIrTint T nalr'eirl 15 15n ! - ___ - I owers na,Tre ai,iiiiiiab H TTZ dow line. The structure has mechanical equipment on the roof and at the rear which is all visible and minimally screened from the rights -of -ways. 68 608 Built Conditions Inventory: Federal Highway (North) 1. Truck Rental. 1955 NTS B®© rrrrrrr + 4444444 000 4 r 000= Q QE • nnnnn�� 6. Retail, 1938 R Ratnil 1 g52a 609 This commercial lot was developed in 1957. It is a one story, concrete block structure with stucco painted orange with white trims. The roof is flat and has a roof sign that protrudes above the roof line. The lot's primary use is for the storage and sale of vehicles. A chain link fence runs along the perimeter of the storage area and the vehicles are stored along the street frontage with no buffering of screening along rights -of -ways. 8. Retail- Fishing Tackle This commercial building was built in 1984. The elevation facing Federal Highway has r• fagade, pedestrian doors and an overhead door. The structure has a mansard roof which overhangs the struc- ture and screens the roof top mechanical equipment. The structure has original windows. It is set back from the street. The pedestrian portions of the building are shaded by a green awning that stretches from the flat roof. There is public lighting coming from the building. There is a bike lane and street park- ing. This use is currently nonconforming in this location. 9. Multi -Family Residential This Mixed-use (commercial and residential) parcel was built in 2009. It has a concrete block structure that is painted red, orange and brown. The roof is tilted with red tile. There are balconies with columns and arches. The pedestrian path is shaded. 10. Big box retail This commercial structure was built in 2011. It has a concrete block frame painted brown and orange. There are dark brown awnings over the openings and white grates on the windows. IN 11.1 If Built Conditions Inventory: Federal Highway (South) NTS III III III L I� T■.� W9 in 0 o �OC�2M0® �Q'111r�C 611 Downtown 11. Restaurant This professional services parcel was built in 1955. It is used as a commercial unit. It has a wood structure with a gazebo and food truck parked on the site. There is a large wooden gate. The gate frame is metal and painted black. There is no sidewalk at this location and there is on-site parking] 12. Mixed Use This apartment complex was built in 2010. It has a brick frame structure that is painted beige and light brown. The glass doors and windows have grates that are painted white. The driveway is made of cob- blestone and has vegetation. 13. Single Family Residence This single family home was built in 1979. It has a cement block frame with stucco painted white and beige. The roof is pitched and has brown tiles. There are window shutters that are painted beige. 14. Single Family Residence This single family home was built in 1952. It has a cement block frame with stucco painted orange. There are brick columns painted white. The original windows are still present and have white grates. The roof is pitched with gray tile. The walls are partially covered by rust and dirt. Some openings are blocked off by wooden boards. 15. Mixed Use This multi -family housing structure was built in 2006. It has a brick frame with stucco painted pastel or- ange. The structure faces a boat dock on the north side. The roof is tilted and painted light green. The window grates and handrails are painted white. The sidewalks on the property are paved with red brick. 16. Restaurant This restaurant was built in 1948 on a boat dock overlooking the intracoastal. It has a cement block frame with painted stucco. 17. fflotel This motel was built in 1954. It is a brick structure painted sky blue. The roof is slightly pitched and painted white. The windows have white grates. There are large ornaments attached to the facade of the building. Outdoor seating is provided within the property's perimeter. 18. Senior Center This community center was built in 1947. It has a cement block structure with stucco painted pink. The roof is pitched with red tiles and white finishing at the base. The windows are shaded by blue-green awnings. 72 Built Conditions Inventory: Downtown 15. Multifamily, 2006 16. Restaurant, 1948 12. M milv, 2010 13. Single Familv, 1979 NTS noyni oe cn �ry ❑ can Ave << v ;4 v ' III � III `• � III ■ i . i III III III 18. Senior Center, 1947 613 19. Historic High .♦ The school was built in 1928. The frame is composed of concrete and clay tile blocks. It has a histor- ic designation and is vacant. The exterior has stucco painted beige with dark pink outlines. There are arched !♦ with detailed columns painted red. 20. Children's Schoolhouse The school was built in 1920. The structure's frame is cement block and brick painted white. The roof is pitched with light gray tiles. There is a large arch on the entrance to the building over the main staircase. There is a brick gazebo painted white. A short bell tower painted white and pink with pointed roof painted blue faces the eastern portion of the building. The driveway is paved with brick. There is a water founta,�Q next to the • 21. Municipal Library The municipal structure was orginaly built in 1962 and underwent a major renovation and expantion in 2009. The entrance features a curved series of walls arranged. The frame is made of cement block and is painted yellow. The windows have a wide frame made of cement and painted red. There is a short gazebo on top of the building adding connectivity to the school house nearby. The gazebo has dark dows with a low pointed roof and grey tile. 22. Single Family Residence This single family home was built in 1959. It has concrete block frame with stucco painted light beige - brown. Some of the openings have a dark brown trim. The porch roof is supported by two poles painted dark brown. The structure has a flat roof with a frame painted dark brown. There is a white brick struc- ture extending out from the center portion of the west facade wall. There a dark brown awning above the mechanical equipment on the fagade. 23. Civic Center The municipal structure was built in 1962 on the same parcel as the library. It has a brick frame structure with stucco painted white. Structural red brick is exposed around the main entry point. The roof is flat. The entryway includes a roof that is supported by a detailed cement wall that is painted white. There is black signage on the upper portion • the entryway and public art by the sidewalk. 24. Multi -Family Residential - These Multi Family condos were built in 1972. It is a two (2) story "Ll" shaped building with a ce- ment block frame. The frame has stucco over it which is painted white and beige. The roof is flat. There are screened patios extending out from the sides and rear of the building. The residential circulation corridors are on the outside. The staircases and two floors have detailed cement railings painted white. Columns made of naturally cut rock protrude from the exterior walls facing Ocean Ave. - This multi -family housing building was built in 1973. It has a cement block frame with stucco painted light beige. It is two story building with a flat roof. There is an exterior corridor for resident circu- lation on the building's east side, facing Ocean Ave. The corridor is covered by an extension of the roof. There are detailed cement railings painted white. !MEWIT.TNT, This parcel was developed in 1953. The frame is made • cement block and painted ♦. The roof is flat and extends slightly out to provide minimal coverage below. It is immediately west of the Florida East Coast Railway Corridor. There is seating on a red brick sidewalk facing Ocean Ave. The east side of the building has storage units with large doors painted white with white framing. III 614 Built Conditions Inventory: Cultural 19. Historic High School, 1928 23. Civic Center, 1962 20. Childrens School House, 1920 24. Multi Family Housing, 1973 21. Municipal Library, 1962 25. Retial & Restaurant, 1953 NTS 22. Single Family Residence, 1959 615 Industrial Craft District 26. Auto Service This warehouse was built in 1972. Its frame is made of metal wall panels painted light grey, and the building appears to be prefabricated. The building is used for auto services. 27. Storage This warehouse was built in 1980. It has as CMU frame painted light grey. The building appear to con - mm• • =� 28. Warehouse and Tractor Storage This warehouse was built in 1972. It has a CIVILI frame painted beige. It is partially used for auto servic- ing. There are many tractors stored in the parking lot and on the opposite side next to the right of way. 29. Auto Service Center This building was constructed in 1974. It has a CMU frame painted light green. The garage doors are located on the southern fagade. White awnings extend out from the garage doors. 30. Truck Parking / Storage This light industrial lot has no buildings and has vehicles stored on the property. 31. Industrial Art Warehouse oc, This warehouse was built in 1977. It has a frame made of concrete masonry units. The walls are cov- ered with art that advertises the work of local artists. 76 Built Conditions Inventory: Industrial Craft 26. Atuo Service, 1972 29. Green Auto Service Center, 1974 I L N NTS 617 Boynton Beach Blvd District 32. Strip all This commercial retail structure was built in 1962. It has a brick frame that is partially exposed, partially painted. The roof is flat and extends over a walkway facing the store entrances. The vertical portion of the roof extension is painted pastel pink. 33. Place of Worship This unit was originally built in 1947. It has a brick frame painted white. The pitched roof is green and there is a pediment supported by 4 Doric columns at the entrance. 34. Convenience store This commercial unit was built in 1971. It has an exposed red brick frame. The roof is flat with a green awning providing some shade at the building's entrance. 35 ' Single Family Residence This two-story residential unit was built in 1932 and fronts on Ocean Avenue. The structure is wooden frame construction with stucco and a flat roof. The property is lined with a four foot fence that has con- crete columns and cast iron rods. This corner lot has its driveway on NW 3rd Street. 36. Single Family Residence This single family unit was built in 1953. It has a concrete block structure with stucco painted light green, The structure has a pitched roof with light brown shingles, The windows and door have white trims and the decorative shutters are grey. This property does not have a driveway of a garage facing Ocean Avenue; instead, the corner lot has a driveway coming from the corss street of NW 3rd Street. 37. Post Office The post office was originally built as a commercial unit in 1963 and is located at a prominent intersec- tion of the boulevard. It has an exposed brick frame on one section, with glass windows wrapping the rest of the north and east facades. The roof is flat with exposed mechanical equipment. The roof and window grates are painted beige and pastel yellow. 38. Municipal- City all This structure was originally built in 1958 and had a major renovation and expansion completed in 1989. It has a concrete block frame with stucco painted pastel green and beige. There are arches ex- tending from the fagade walls. 78 618 Built Conditions Inventory: Boynton Beach Blvd. 35. Si le Family Residence, 1932 ui III 36. Single Family Residence, 1957 N NTS l , >. `;,� 619 Heart of Boynton District 39. Single Family Residence This residential unit was built in 1956. It has concrete block frame with stucco painted beige. The win- dows have brown grates. The roof is pitched with brown tiles. There are detailed columns supporting a patio by the front door. 40. Single Family Residence This single family unit was built in 1975. It has a concrete block frame and stucco painted dark yellow. The pitched roof has red tiles. The grates in the windows and on the roof are painted white. The proper- ty is set back from the street and adjacent properties. This commercial unit was built in 1964. It has a brick frame which has been painted red. It is a 1 story structure with a flat roof outlined in white paint. 42. Multi -Family Residential The year that this unit was built is presently unknown. It is two stories with a concrete block frame. There is stucco on the exterior that is painted white. The doors are a salmon color and the rails to the second floor are metal and painted black. 43. Single Family Residence UMMMMI This single family home was originally built in 1931. This mission style home has had two additions to the original house footprint. 44. Single Family Residence This single family home was built in 1946 and is a typical example of the existing frame vernacular ar- chitecture that is in the area. This house is wood frame with wood siding on all sides of the structures. The front fagade has a prominent stone chimney that extends past the pitched roof. so 620 Built Conditions Inventory: Heart of Boynton Residencej 956 C r jr i/°99d!'F1�1'111�11�1%%"' �Ill�e��lh�e e�.�:�t:�e�e � r� "'�YJY3'�� ■11119■171�IS1119'0!�IllelllGI�III■ � MM'IeMU1l h7.1.'.:��:I ��onv �■.u� �mieao er■n�. ❑ 71■.■■ G 5 GI'd❑C:W ■■aa0;❑■■ I- ■1MIT IM11%� eno�o :rn ara��aeeo Q IIEIE��1la �119111S7L8 Ilslsil]`r im ee�e�e��ei®1: m�li�pla ee�e eoe o1®illl�l�i! I�G�i�� 1 �Yr1Y1 11pipilloil L� 120,12111111=3 o■�hFVU 1111PO T-01!!■10111 11!�I� MOAN e■ I�I�IG!��IIII�JI�II�I��r X1211131; vBGGO o ' o. e ® A11'7 0000Qeeeoco c ease a 4P• �i r,� � � r- ■ � ii o�:1 �ono�lir�U� � v� e�oo 00 �p • �I ■■ �"'" �� ■u o ODGGO a s �50: `:LAL�■ © v0� wo ameo R&K.G■�c��o� x[000^ o v i 0�1'GS u� � '� �iv�C►�"t�or � crL�]I ' ; , � �. ,� u ,�, CEMM G�GG�o va 1�a Offil o�Q,ae ,? p� _ .w Ea 111■� = �� 40. Single Family Residence, 1975 N NTS 44. Single Family Residence, 1946 ■ 621 11 8iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillilliillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillilI 624 Egli, I wou, offoR."o-offro-Wo; Sidewalks 625 VIII VIII VIII VIII VIII VIII .......... While the City provides municipal services to its citizens within the City limits, Boynton Beach Utilities also provides water, wastewater, and reclaimed water services outside the City limits. Le The utility system includes two (2) wellfields, two (2) water treatment plants, two (2) aquifer stora_ae and recoven�JASR) welts, a wastewatL collection an d tran smission system with approx - Ow9, - A" WWW"" - "_9 main v piping, reclaimed water distribution syste and stormwater swales, exfiltration trenches, piping, catch basins, ponds, and outfalls. The s s ht ee KI South Central Regional Wastewater Treatment Plant is co -owned by Boynton Beach and Delra Beach, and the plant is governed by a board th is comprised of the Mayors and Commissioner from each city. Boynton Beach Utilities has identified several • -77#1717177FIMST73 within the six (6) CRA districts. and Casa del Mar (see Figure 22). The 500 Ocean site is located on Ocean Avenue between Federal Highway and SE 4th Street. The project includes new water mains to serve the project and future redevelopment to the north. The Casa del Mar site, located east of Federal Highway and north of Dimick Road, includes new water mains on site and the replacement of an existing substandard 4 -inch water main on Dimick Road 8kPW#ok.g water main on Federal Highway. This will result in improved water pressure, water quality, and fire protection in the area. In terms of wastewa- ter improvements, work in connection with 500 to serve the project and connect to adjacent piping. The Casa del Mar includes new gravity sewer mains on site and connection to an existing qouth on North Lake Drive. Ocean's will include re-routing of a large stormwa- ter line that currently bisects the project site and connection to an existing pipe on the west side of Federal Highway that leads to the downtown stormwater pond. The Casa del Mar project includes new stormwater piping on site and along Dimick Road with outfalls to the Intracoastal �UlllWate��, V%hlstewater w��'id Sta�� n�iwater, Waterway. Water main and stormwater improvements are currently being constructed as part of the Central Seacrest Corridor Neighborhood Improvements and west of Seacrest Boulevard (see Figure 22). This project is replacing existing substandard water mains within roadways and rear easements with new 6 -inch and 8 -inch water mains within the roadway rights-of-way. This will result in improved water pressure, water quality, and fire protection for the neighborhood. The stormwater project involves removing unpermitted parking improve- ments within the rights-of-way and installing swales, exfiltration trench, and catch basins. New curb and gutter is being installed along Ocean Avenue to replace the existing curb and gutter, and all roadways within the project area will be resurfaced. This will result in improved drainage within the neig hbo rhood and reduced flooding. WIS Valul I * 14 0 10 a "-- 4 1 a . A I a I ITITLOR N I R kX, Ism ] 01 orgas its- , 0 0 - 8 6 LICTS-Cr I VW9 project located west of SE 4th Street and north of SE 6th Avenue (see Figure 22). This new sub -master lift station will receive a large portion of the wastewater flow from south of the station and east of 195 and pump into the new regional force main in the eastern part of the City to the South Central Regional Wastewater Treatment Plant. Upon completion, the Pence Park Lift Station will divert a significant amount of flow from Lift Station No. 356 located east of Federal Highway on the Boynton Beach Boulevard extension. This will relieve capacity at LS 356 and make provision to handle futur`d `•! in the downtown area such as 500 Ocean. Improvements may be required for the Heart of Boynton's Ocean Breeze East site located on Seacrest Boulevard, south of NE 7th Ave, will coordinate with the CRA and the future 626 developer of the site regarding the existing water and sanitary sewer mains as well as stormwater infra- structure. Areas Utilities staff has identified additional areas with substandard water mains, water mains 4 -inches in size or smaller, and/or inadequate fire protection. Three projects have been identified within the Federal Highway district: Potter Road & North Lake Drive, Lakeside Harbor, and North & South Roads (see Figures 21 and 22). Additional water main improve- ments are planned for NW 11 th Avenue, and Central Seacrest Corridor Phase III (see Figure 22). Improve- ments may be necessary in the Heart of Boynton and Ocean Breeze East depending on the type of devel- opments undertaken. Utilities has also identified areas where there is substandard drainage and flooding associated with certain rain events. Two projects have been identified within the Federal Highway district: North & South Roads and Potter Road & North Lake Drive (see Figure 21 and 22). The Utilities will be commission- ing a study to review potential stormwater improve- ments for the Heart of Boynton area east of Seacrest Boulevard and Central Seacrest Corridor Phase III EMOMMEMM II �dlhimed Water Boynton Beach Utilities is planning an extension of the existing reclaimed water main infrastructure at SW 23rd Avenue (Golf Road) and Seacrest Boulevard. Reclaimed water main piping will be constructed along SW 23rd Avenue east to connect to large gation users along Federal Highway (see Figure 23). The extension will continue south to Jaycee Park and Waterway to serve the St. Andrews Club and Little Club golf courses for irrigation. a 627 UTILITY IMPROVEMENTS IN NORTHERN SECTION (98 628 UTILITY IMPROVEMENTS IN DOWNTOWN SECTION 89 629 0 C:3R UTILITY IMPROVEMENTS IN SOUTHERN SECTION 631 VIII � IIID 4°' VIII ipii� � � VIII „IIID ��Roads Based on the Functio•'.. l of roads, the CRA area includes one Principal Arterial Urb (interstate 95), three roadways classified Urban MinorArterial (Federal Highway, Boynton Beach Boulevard and Woolbright Road), and six Urban Minor Coll ectors—Seacrest Boulevard, Gate- way Boulevard, Martin Luther King Jr. Boulevard, Ocean Avenue, SE 23rd Avenue and Gulfstream I fication may or may not apply to its entire lengthl 7 within the CRA boundary: see Figure 24). All re- maining streets are classified "Local Urban." The roadway is assigned a class through the Fed- eral Functional Classification process, according to the character of service it provides in the year of analysis. The process takes into account the _,St2te Transportation Improvement Program (STIP). The pal purpose of roadway classcation is to 1,;stablish the relative importance of a roadway in the overall hierarchy of roadways. ��Wavement Carid[t�an Pavements within the study area are in generally good to very good condition. Arterial Highways are well maintained by both the State of Florida and Palm Beach County with the use of asphalt over- lays. City streets, typically 22 feet in width within a 50 feet wide right of way, have been adequately maintained as well over the last ten years and are thus also in good condition. In addition, the City has embarked on aggressive utility restoration projects; these projects, supporting the "complete street" design in portions of the study area, result- ed in recent street resurfacing. Other pavements have been maintained with Micro -Surfacing, an effective preventive maintenance technique that seals and waterproofs the surface while correcting minor defects, filling non -working ruts and improv- ing skid resistance and appearance. The City has an annual planned expenditure of $500,000 beginning October 1, 2015, to continue pavement surface maintenance and the Utility Department 92 continues its "complete streets" efforts in portions #f the study area. The City evaluates pavement upii.q.tes t�ese items ?s xec- itssary. Thermoplastic markings, highly reflective itripings with long-term performance, were recently placed on Gateway Boulevard, Martin Luther King Jr. Boulevard, and Ocean Avenue. A�I�eys ff ral 101 Wo MAN 1 MR-3XV-0 1. may be improved thus providing vehicle access to properties. However, the vast majority of alleys are unimproved and not utilized for access to property and instead may serve utility functions (i.e. Florida Power and Light, City water, etc.). Lastly, a number of alleys may simply be platted land that is neither used for access nor provision of utilities. Each al- ley is truly unique in purpose, function and physical dimension. Many alleys have been abandoned in the past and the City is generally supportive of such abandon- ments, a practice based solely on the objective to reduce maintenance cost. Street .......... Street illumination in the study area is good and meets traffic safety needs. Arterial highways hays - a uniform lighting pattern; lighting is also uniform throughout the Central Business District. Light- ing in residential areas is more sporadic, with no uniformity. However, street lights are placed at nearlo all street intersections and other locations where vehicular and/or pedestrian traffic warrants mid -block lighting. The City receives street light requests periodically in the study area and has placed new lighting where enhanced lighting is warranted. I'll hancement of the sidewalk areas are not included in the improvements. There have been numerous g.ccidents that have caused damage to trees and 0rubs. These are being replaced. As of this year 9.11 medians will be mulched. Medians with irrigation AY, &Aewd��ks As shown in Figure 26, the existing sidewalk network has many significant gaps in connectivity throughout the CRA, including downtown and adjacent neigh- borhoods. Since the year 2000, the City made some progress reducing these gaps. As a result of the sidewalk construction program implemented in the past 15 years, focused on making walking safer for grade school students, the current sidewalk network in residential areas close to schools requires minimal walking upon paved street surfaces, substantial- ly reducing students' exposure to vehicular traffic. Sidewalk construction in locations that experience the highest pedestrian volume along arterial routes and/ or those near pedestrian generators such as parks and commercial areas is nearly 100% complete. The sidewalk condition is adequate as well; the City has capital funds available for annual sidewalk repairs as needed based upon priority. Furthermore, improve- ments planned as a part of the All Aboard Florida rail project will bring forth sidewalk/pedestrian enhance- ments at the FEC grade crossings located at Gateway Boulevard, NE 15th Avenue, Martin Luther King Jr. Boulevard, SE 5th Avenue and SE 12th Avenue. Three PalmTran bus routes transect the CRA area (see Exhibit 27): #1, #70 and #73. Route 70 provides direct connection to the TriRail commuter station. 93 AN Park Ridge Blvd I m Z uuu=um N t po Z � S Z S N THOROUGHFARE SYSTEM FUNCTIONAL CLASSIFICATION OF ROADS w' 9th Ave St uuuuuuumm I Legend 1111111111111, 11 - Principal Arterial -Interstate URBAN mmmmuuuuuuuuuuuuuuu 16. Minor Arterial URBAN 18 - Minor Collector (Fed Aid) URBAN 19- Local URBAN CRA Boundary N 0 435 870 1,740 2,610 3,480 Feet 94 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillilliillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliilI 634 NNG Vnd mmffim i Legend 1111111111111, 11 - Principal Arterial -Interstate URBAN mmmmuuuuuuuuuuuuuuu 16. Minor Arterial URBAN 18 - Minor Collector (Fed Aid) URBAN 19- Local URBAN CRA Boundary N 0 435 870 1,740 2,610 3,480 Feet 94 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillilliillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliilI 634 CONCENTRATION OF ALLEYS IN THE DOWNTOWN SECTION 95 635 Community Redevelopment Agency Sidewalk Map 96 Ar.,. TRANSIT: PALMTRAN BUS ROUTES 97 637 urian � a �� ri jO' f IIU1IUIIIV BOYNTO, B E A C Jr A 638 2023 Preliminary CRA Plan Amendment Scope of Services (4/4/2023 Draft) Project Description The City of Boynton Beach Community Redevelopment Agency (BBCRA)is seeking responses from qualified and experienced firms to provide professional services related to the modification of the BBCRA Community Redevelopment Plan (BBCRA Plan) which includes an in-depth analysis of potential boundary expansions and/or modifications, review and evaluate past redevelopment efforts, current redevelopment projects, and provide recommendations to incentives and implement strategies for redevelopment efforts, and an economic development analysis. Since 1990's, the BBCRA has played an integral role in the removal of blight and adding value to the downtown area and surrounding community. Today, the CRA encompasses approximately 20% of the city's land area, has approximately 20% of the residential population, and contains over _% of all businesses in the City of Boynton Beach. The CRA fulfills its goals by investing tax increment financing (TIF) revenues into capital improvements, incentive programs, and offing numerous initiatives to meet the needs of the community that it serves. The Agency receives increment revenue from both the city and the county for the area is encompasses. While the Agency has experienced tremendous successes during its tenure, independent forces such as the late 2000's recession, the COVID-19 pandemic and recent inflation have significantly affected the CRA's ability to execute its projects within its prescribed timeline. The BBCRA also desires to address subsequent elements of blight within the City and CRA that may not have been addressed in its 2016 consolidated Plan update. For further information about the BBCRA, please visit https://www.boyintoinlbeaclhcira,.com/. Scope of Work Professional services to modify the BBCRA Community Redevelopment Plan (Exhibit A). In general, Task 1 and Task 2 reference the potential for boundary modification while Tasks 3, 4, 5, and 6 reference plan modifications. In detail, they are as follows: Task 1: Prepare a review of adjacent areas to the existing CRA boundary for potential inclusion into the CRA plan update and modification request. Task 2: Draft a finding of necessity study for any boundary modification based upon said review in Task 1. The City and the CRA acknowledge pursuit of boundary modifications and a plan update are two requests that run parallel, but each have their own process and due diligence. Any proposal's work plan should include an accommodation in the event boundary modifications are not agreeable based on an evaluation or discussions amongst CRA partners and therefore Task 2, no longer becomes a pertinent element of the scope. Task 3: Develop a gap analysis or comparable resource to narrate the following: • Completion of the BBCRA plan, goals, and objectives to date o Review of staff information including data, infographics, annual reports, delegation of authority, completed projects, ongoing projects, and spending to date. 639 • Articulate successful impacts of the CRA to date. • Overlaying elements of the Palm Beach County and City of Boynton Beach Comprehensive Plan with specific references to housing, transportation, and economic development) • Demonstrate external factors (such as inflation, COVID-19, recession, etc.) that may have limited the CRA's ability to successfully execute the CRA Plan within its existing timeline. Task 4: Propose a CRA Plan Update for a fifteen -year period within which public and private resources may be used to accomplish redevelopment activities. The analysis and effort under which the Plan update will consider must include, but not be limited to: • Review tax base and ownership data, property lines and right-of-way boundaries. • Evaluate current land uses, future land use/zoning designations and recommend changes, as necessary, to facilitate redevelopment of properties within the BBCRA area. • Evaluate what makes the BBCRA unique and propose steps that the Agency can take to preserve, nurture and promote these features. • Review and analyze real estate market trends and property values including a provision for projections for TIF revenues within the CRA area. • Evaluate vacant and underutilized properties within the CRA and determine a strategy for encouraging and facilitating (re)development or revitalization. • Development of a vision and goals, objectives and policies to support the elimination of the blighting conditions outlined in the Finding of Necessities Report(s). • Evaluate existing infrastructure, and assess opportunities and constraints to complete CRA capital projects. • Identify strategies to work with Palm Beach County and other partnership agencies to complete requisite CRA capital projects. Said projects could include; but may not be limited to new infrastructure, housing, neighborhood revitalization, sustainability, energizing of business districts, business retention/expansion/attraction, economic growth/diversification/resilience, and others. • Identify various grant opportunities to support other CRA capital projects within the six districts. • Review of other Florida cities' CRA grant programs, as well as those of Palm Beach County, the State of Florida, and federal appropriations and programs, and recommendations for inclusion/adoption, which might include business incentives, housing, infrastructure or financial assistance in response to economic impact from storm events, pandemic, quality of life, or other hazards. • Development of a fifteen -year work program and capital improvement timeline. • Development of a transition plan from the Agency to the City from 2039 until the CRA sunset in 2044. • Development of implementation strategies that outline immediate, short-term, and long-term priorities. 640 Task 5: Outline and coordinate regulatory process required to complete update and/or modification of the CRA and CRA Community Redevelopment Plan: • Citizen Participation Process including; but not limited to, o CRA Districts community and public o Development and Industry Stakeholders o City Advisory Boards (to be determined by the CRA Board) o CRAB Board o City Commission o Palm Beach County o City of Boynton Beach Land Planning Agency (Planning and Development Board) Notification Requirements to Taxing Authorities, Agencies and Counties, and Land Planning Agency as required by Chapter 163 Part III, Florida Statute. An update of Delegation of Authority Resolution with Palm Beach County Government. Other Public hearings as required including briefings to the City Commission, County Commission, and presentations as needed. Task 6: Coordinate with CRA staff, CRA legal counsel, and City attorney on relevant drafting of resolutions and ordinances consistent with F.S. 163. Location The BBCRA is predominately located within the boundaries as indicated in Exhibit B (to be inserted or referenced legal description or website boundaries) Fee Proposal The CRA looks to the Consultant to present a cost-effective fee with a not to exceed cost for each task proposal to complete the Scope of Work. If the Response intends to omit any tasks or requirement listed in the Scope of Work said omission must be described in this Statement of Proposed Services. Exhibit Exhibit C (map to be inserted) includes a review of potential zones to consider for CRA expansion or special Business Improvement Districts. While these zones have yet to be vetted for compliance with a finding of necessity, they represent areas of interest for review. These zones also do not reflect a comprehensive list of all areas of study, nor final representations of specific boundary modification areas. The selected consultant will review and recommend areas of further exploration. For example, additional discussions have included areas such as the Boynton Beach Mall, (insert other areas such as south of SE 2r'd Avenue, west of FEC and Seacrest Boulevard along Woolbright Road, etc.). These exploratory areas are evidenced as part of the exhibit map. 641 From: Shutt, Thuv To: Radigan. Amanda; Dunmyer. Gary; Roschek, Christopher Cc: Adam Temple (TemnleACcJ)bbfl.us); Mack. Andrew; Kalkat, Poonam; Guzman. Mario; Matos. Kathryn; laugger, Daniel; Kuntzman, John; Stone, Candice; Cirullo, Michael; Swanson, Lynn; Kathryn Rossmell; Young, Kacv; DeGiulio, Joseph; Bruder. Hugh Subject: RE: CRA Plan Amendment SOW Date: Friday, April 28, 2023 12:40:00 PM Attachments: 23 0411 CRA Plan Amendment SOW CRA Board (Attachment III).docx Good morning, Just a friendly reminder to forward your comments (via email) to us by Monday, May 1, 2023, 5pm. This will allow us to update any information that will be reviewed by the CRAB at their May 4th meeting and our agenda cover for the May 9th CRA Board meeting. Thank you and have a great weekend! From: Shutt, Thuy Sent: Friday, April 14, 2023 2:56 PM To: Radigan, Amanda <RadiganA@bbfl.us>; Dunmyer, Gary <DunmyerG@bbfl.us>; Roschek, Christopher <roschekc@bbfl.us> Cc: Adam Temple (TempleA@bbfl.us) <TempleA@bbfl.us>; Mack, Andrew <MackA@bbfl.us>; Kalkat, Poonam <KalkatP@bbfl.us>, Guzman, Mario <GuzmanM@bbfl.us>; Matos, Kathryn <MatosK@bbfl.us>; Dugger, Daniel <DuggerD@bbfl.us>; Kuntzman, John <KuntzmanJ@bbfl.us>; Stone, Candice <StoneC@bbfl.us>; Michael D. Cirullo, Jr. <mciruIlo@gorencherof.com>; Swanson, Lynn <SwansonL@bbfl.us>; Kathryn Rossmell <krossmell@llw-law.com>; Young, Kacy <YoungK@bbfl.us>, DeGiulio, Joseph <DeGiulioJ@bbfl.us>; Bruder, Hugh <BruderH@bbfl.us> Subject: CRA Plan Amendment SOW At the April 11, 2023 CRA Board meeting, the CRA staff presented a draft SOW based on the Board's previous direction. The Board reviewed the attached SOW and assigned CRAB to review and provide their report in person at the May 9th CRA Board meeting. As part of the process, we would like to have your assistance in reviewing and providing comments to the SOW prior to incorporating this into a draft RFP for consultant services. Please feel free to share with other departments or staff I may have missed. The link to the agenda item below will provide more details about the project: boynVon beach .novusendapublic/Cover.Sheet.as 1.2.:1:7. ...Ii..n IB.l D:::::. 4 Comments are requested by Monday, May 1, 2023 so that the SOW can be updated for the May 9th CRA Board agenda. Thank you and have a great weekend! 642 10YN10N Levo %BEACH ��e�� uououuu �RA OII��UV�V'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 OLD BUSINESS AGENDA ITEM 13.0 SUBJECT: Discussion and Consideration of Third Amendment to Contract with Lewis, Longman & Walker, P.A. (LLW) for Legal Services SUMMARY: The CRA Board entered into an agreement with the law firm of Lewis, Longman & Walker, P.A. (LLW) to act as legal counsel for the CRA Board on November 12, 2013 (see Attachment 1). LLW currently provides legal services in areas including, but not limited to, those concerning CRA Board and staffing matters, agency operations, competitive procurement processes such as ITBs, RFPs, and RFQs, land disposal and acquisition, contracts for goods and services, special events contracts, public records law, purchase, sale, and/or lease contracts, and compliance with statutory requirements. In 2017, the CRA Board approved the First Amendment approving a new monthly retainer rate of $5,000 for general legal services and an increase of $20 in the hourly rate structure for shareholder counsel and $10 in the hourly rate for associate counsel services on project related items (see Attachment 11). The contract rate for legal services provided by LLW had remained the same since November 2013. On August 16, 2021, the CRA Board approved the Second Amendment approving a new monthly retainer rate of $6,000 for general legal services and an increase of $20 in the hourly rate structure for shareholder counsel and $20 in the hourly rate for associate counsel services on project related items (see Attachment III). This Third Amendment is being presented by LLW to the CRA Board for their consideration to approve a monthly retainer rate of $7,000 for general legal services and an increase of $30 in the hourly rate structure for shareholder for shareholder counsel and $25 in the hourly rate for associate counsel services on project related items. The cost for paralegals will stay the same as previous years (see Attachment IV). FISCAL IMPACT: Fiscal Year 2023-2024 Budget General Fund Line Item #01-51420-201, $84,000 and Project Fund Line Item #02-58100-213 - to be determined during budget discussions CRA PLAN/PROJECT/PROGRAM: 2016 CRA Redevelopment Plan 643 CRA BOARD OPTIONS: 1. Approve the Third Amendment to the legal services agreement providing for a monthly retainer of $7,000 and an increase of $30 in the hourly rate structure for shareholder counsel and $25 in the hourly rate for associate counsel services on project related items. 2. Do not approve the Third Amendment to the legal services agreement as presented. 3. Consideration of alternate terms as discussed by the Board. ATTACHMENTS: Description • Attachment I - Nov 2013 Contract with LLW for Legal Services • Attachment II - First Amendment • Attachment III - Second Amendment • Attachment IV - Third Amendment for Legal Services 644 THIS AGREEMENT, made and entered into this dayof and between: & 13 by BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "CRA") MM LEWIS, LONGMAN & WALKER, P.A. (hereinafter referred to as "FIRM") WHEREAS, the CRA Board of Commissioners has retained the law firm of LEWIS, LONGMAN & WALKER, P.A. to serve in the capacity of general counsel to the CPA to provide legal services to assist the CRA in its effort to achieve its stated goals and objectives. NOW, THEREFORE, in consideration of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: Section 1. TERM OF AGREEMENT The FIRM serves at the pleasure of the CRA Board; therefore this Agreement is not for a fixed term. This Agreement shall be deemed renewed and amended annually by CRA Board appropriation of funds for legal services in the CRA budget. Any requests for the adjustment of compensation shall be made once annually during review of the CRA budget. Section 2. DUTIES The FIRM shall be responsible for general legal services for the CRA including, but not limited to attendance at CRA Board meetings, real estate transactions, consultation with the CRA administrative stafh and such other matters as directed by the Board. Section 3. FEES AND PAYMENT FOR SERVICES The FIRM is to be paid by the CRA as follows for the services performed pursuant to this Agreement: A. A monthly retainer in the amount of $4,000.00 which shall cover the legal services of attending the regular CRA Board meetings, preparation for the Board meetings, staff and Board discussion and research. B. Legal services shall include, but not be limited to such services as prosecution or defense of litigation, representation of the Board before other entities, i.e.; the Board of County Commission, the City Planning and Development Board, etc., real estate transactions, drafting or review of agreements, contracts, RFQ's, RFP's, employment matters, and shall be billed at the hourly rate of $230.00 for partners, $190-00 for associates and $150.00 for paralegals. Pagel of 645 C. In addition, the FIRM may bill the CRA for reasonable and ordinary actual expenses including, but not limited to, telephone, postage and copying costs, facsimiles, messenger services, and court costs, which will include but not be limited to, filing fees, service of summons, service of subpoenas, witness fees (including expert witness fees), court reporter fees, etc. D. The FIRM shall submit monthly invoices with summary description of services rendered or expenses incurred and shall retain records which support all billings. The FIRM shall promptly response to any inquiry by a Board Member or CRA staff regarding the FIRM'S billings. Within forty-five (45) days of the end of the CRA's fiscal year end, the FIRM shall provide to the CRA an accounting of the total actual hours spent for the monthly retainer fee. Section 4. DELEGATION The FIRM shall not delegate any of the duties and obligations undertaken by the FIRM without the CRA Board's prior approval. 6TNUIT, a I WWWW This Agreement may be terminated for any reason, or no reason, by FIRM upon thirty (30) days' notice of termination. When termination is by the FIRM, the FIRM shall arrange for the orderly transition of all legal matters being handled by the FIRM. This Agreement may be terminated for any reason, or no reason, by the majority vote of the CRA Board without notice. Section 6. INSURANCE Within ten (10) days of the execution of this Agreement, the FIRM shall provide the CRA with proof of the FIRM's legal malpractice insurance at a limit of liability not less than $2,000,000 Per Clain -4 and $2,000,000 Annual Aggregate in a policy acceptable to the CRA and provide 30 day written notice of cancellation Workers compensation insurance is required and evidence shall be provided to the CRA of such insurance coverages. The CRA is public agency subject to Chapter 119, Florida Statutes. The FIRM shall comply with Florida's Public Records Law. Specifically, the FIRM shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt Page 2 of 4 646 from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the contractor Upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of FIRM to comply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Agreement. If FIRM fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. Section 8. GOVERNING LAW; VENUE The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, In the event of litigation, each party shall pay its own legal fees and litigation related expenses. Section 9. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver, or relinquishment for the future of any covenant, tenA condition or election but the same shall continue and remain in full force and effect. Section 10. SEVERABILITY Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. W ESS: BOYNTON BEACH COMMUNITY REI)EVELOPMENT-AGENCY am e: J Taylor air Name: Page 3 of 4, 1.11 VA .... . .. . . .... _7 Name: Name: LEWIS, L( QNGMAN & WALKER, P.A. Page 4 of 4 648 I FIRSTANIENDNIENTTO AGREEMENTFOR 1A, ICAL SERVICES This l,"li�S'I'AMI ,NI)Mf-,"'N'l'']'() AGREEMENT FOR LEGAL SF RVICES (First Amendinent) is entered into by and between the Boynton Beach Community Redevelopment Agency (the CRA)and Lewis, Longman & Walker, P.A. (the FIRM) (collectively referred to as the Parties and individually rctcrred toas a Party). WI I FRFAS, [lie CRA and the Fl RM entered into ain Agreement for Legal Services (Agreement) on November 12. 2013; and W11FIRFAS. the Parties desire to make certain changes to the Agreement; and \AA ll"RFIAS, on October I0, 2017. the CRA Board, at a noticed public meeting, voted to approve those certain changes. NOWTIll"RE"FORF, in consideration ol'thc promises contained herein and in the Agreeincrit, the sufficiency ol'which both Parties hereby acknowledge: I ) Incorporation. The recitals and other information above is hereby incorporated herein as i C Cully set 1,61-th, 2) Effective Date. This First Amendment shall be deemed to be effective, as of'November 1. 2017. Amendments. Section 3 ol'the Agreement is hereby amended to read as follows. Deletions are shown as stricken through. additions are shown as underlined. Section 3. The FIRM is to be paid by the CRA as follows for the services performed Pursuant to this Agreement: A. A monthly retainer in the amount of $,5,.,QjQ which shall cover the legal services of attending the regular CRA Board meetings. preparation Im the, Board meetings, staffand Board discussion and research. ll, I,cgal services shall include, but not he limited to such services as prosecution ordetense of, litigation, rclircscnuition ol'the Board before other entities, i.e., the Board 01'COL111tv Commission, the City Planning and Development Board, etc,, real estate transactions, drafting or review ol'agi-cernents. contracts, RFO's. 1011's. employment matters, and shall be billed at the hourly rate ol'S-24-0250.00 Im partners. , $1-40260.00 for associates and S 150.00 for paralegals, C'. In addition, the FARM may I -,)ill the C'RA for reasonable and ordinary actual expenses including, but not limited to, telepl-tane; postage and copying costs, Facsimiles, messenger services, and court costs, which will include but not be limited to, filing fees, service of' SUrnnions, service ol*sLibpoenas, witness fees (including expert witness fees), Court reporter tees, etc. 649 D� The FIRM shall submit monthly invoices with SUrnmary description of services rendered or expenses incurred and shall retain records which support all billings, The FIRM shall promptly responsed to any inquiry by a Board Member or CRA staff regarding the FIRM's billings. Within fimy-five (45) days of the end of the CRA's fiscal year end, the FIRM shall provide to the CRA an accounting of the total actual hours spent for the monthly retainer fec, 4) Review. The FIRM serves at the pleasure of` the CRA Board; therefore this Agreement is not fi.)r a fixed term. This Agreement shall be deemed renewed and amended bi-annually by CRA Board appropriation ol'funds for legal services in the CRA budget. Any rcqucsts for the adjustment of compensation shall be made bi-annually during review ol"the CRA budget. 5) Ceneral. L'Acept as expressly set forth in this First Amendment, the Agreement is unmodified and rcmains in Cull lorcc and effect, and is hereby ratified and confirmed by the CRA and the FIRM. This First Anicridnicrit any be executed in any IlUrilber of counterparts, an), one and all of" which shall constitute the agreemcnt, ot'the Parties and each of'which shall be deemed in original. (SIGNATURE S ON FOLLOWING PAGES1 650 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written, WITNFrSSES ( . . .. ........ .... Print Naine: 4 Print Nat ne-: Nkk 24 jr .. STATE OF FLORIDA COUNTY OF PALM BEACH I I Leivis, 17oia P.A. By: 717�7 Print NZ-ne� Title: day of'July, 2018 personally appeared Tara BF TORE rue the undersigned authority on this/. W. F)uhy, Executive Shareholder of Lewis, Longrnan & Walker, P.A., on behalf ofsaid corporation, who is Personally known to nic or who has produced a driver's license as identification and who did (did not) take an oath. NOTARY SEAL LYNNE BURNAFORD Notary PUblic State of Florida Slat 0Florida f da y e Flor Notary Commission # FF 953992 Com, # FF 953992 ] My ComExpires May 18, 2020 My Comm.'s May I a ;2 020 Assn. t t ttonal NotaryAssrr� onded through National otary Bonded s nip .......... Njrtd Public Print Not ry Name My Commission Expires: IREMAINDER OF PAGE INTENTIONAIJA' LEVUBLANKI jC,RA SIGNATURE ON FOIA,OWING PAGE] 651 W] ENFISSES BOYINTON BEACH CONIMUNITY REDEVELOVINIPrl'AGI? 13y: Steven ti. Grant, CRA Chairman S VATFOFIT COUNTY 01, —ig �L RLFORL nle the undersignedauthority on this dayofof, 2018 pn ersoally ' apivared Stev,e,n. 1-3. Q , rant,- -74+airmaa,,ot'Boyj i toil Beach ( lltlltlllity Redievelfop ent Agency, oil behalf'of* said Agcncy, i's, personally kno-wil to'llie or who has produced a driver's icense as identification and ho did (did n Xf N OTA R Y S I A 1, Notary Public --IN —4 'Lu. � �, ) '-(t ' - Print Notary Name My Commission ,11101181,` " 652 THERESA UTTERBACK Notary Public - State of Florida Commission r GG 182874 My CommExpires Feb 5, 2022 Bonded through National Notary Assn. ,11101181,` " 652 , 1, � IN0001010 This SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES (Second Amendment) is entered into by and between the: Boynton Beach Community Redevelopment Agency (the CRA) and Lewis, Longman & Walker, P.A. (the FIRM) (collectively referred to as the Parties and individually referred to as a Party). WHEREAS, the CRA and the FIRM entered into an Agreement for Legal Services (Original Agreement) on November 12, 2013; and WHEREAS, the CRA Board approved certain changes to the Original Agreement on October 10, 2017; and WHEREAS, the CRA and the FIRM executed the First Amendment to Agreement for Legal Services (First Amendment) in July, 2018; and WHEREAS, the Parties desire to make certain changes to the Original Agreement as modified by the First Amendment (Agreement); and NOW THEREFORE, in consideration of the promises contained herein and in the Agreement, the sufficiency of which both Parties hereby acknowledge: 1) Incorporation. The recitals and. other information above is hereby incorporated herein as if fully set forth, 2) Effective Date. This Second Amendment shall be deemed to be effective as of October 1, 2021, 3) Amendments. Section 3 of the Agreement is hereby amended to read as follows, Deletions are shown as stricken through; additions are shown as underlined, Section 3. The FIRM is to be paid by the CRA as follows for the services performed pursuant to this Agreement: A. A monthly retainer in the amount of $5-,000 16,000 which shall cover the legal services of attending the regular CRA Board meetings, preparation for the Board meetings, staff and Board discussion and research. B. Legal services shall include, but not be limited to such services as prosecution or defense of litigation, representation of the Board before other entities, ix.; the Board of County Commission, the City Planning and Development Board, etc., real estate transactions, drafting or review of agreements, contracts, RFQ!s, RFP! -s, employment matters, and shall be billed at the hourly rate of $250.00 $270 for partners, Q-04.40 $220 for associates and $150.00 for paralegals. C. In addition, the FIRM may bill the CRA for reasonable and ordinary actual expenses 4,--.1 es messenger LrLcqrKgd including, but not limited to, pos4age-and �%Xovu' , 015050$4 1 653 services and court costs, which will include but not be limited to, filing fees, service of summons, service of subpoenas, witness fees (including expert witness fees), court reporter fees, etc. D. The FIRM shall submit monthly invoices with summary description of services rendered or expenses incurred and shall retain records which support all billings. The FIRM shall promptly respond to any inquiry by a Board Member or CRA staff regarding the FIRM's billings. Within forty-five (45) days of the end of the CRA's fiscal year end, the FIRM shall provide to the CRA an accounting of the total actual Fours spent for the monthly retainer fee. 4,) Review. The FIRM serves at the pleasure of the CRA Board; therefore this Agreement is not for a fixed term. This At, n -annually greement shall be deemed renewed and amended bi by CRA. Board appropriation of funds for legal services in the CRA budget. Any requests for the a4justment of compensation shall be made bi-annually during review of the CRA budget, 5) General. Except as expressly set forth in this Second Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the CRA and the FIRM. This Second Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. [SIGNATURES ON FOLLOWING PAGESI 654 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. SES Lewis, M;k W & JI(er, P.A. 11 'IV By: V1,16 Print Name: Title: AA . ........ Print Name: STATE- OF FLORIDA COUNTY OF PALM BEACH BEFORE ine the undersigned authority on this �day o2� y, 021 personally appeared Tara W. Duhy, Executive Shareholder of Lewis, Longman & Walker, P.A., on behalf of said corporation, who is personally known to me or who has produced a driver's lie rase as identification and who did (did not) take an oath. 1 NOTARY SEAL Not Public D LYNNE BURNAFOR Notary Public -Skate of Florjdd Commission # GG 975152 MY Comm, Expires May 18, 2024 PriY7t Notaryarne Bonded through National Notary Assn, My Commission Expires:,,.,_, [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK I [CRA SIGNATURE ON FOLLOWING PAGEI 655 WITNESSES X` Print N i A Print Name: STATE OF FLORIDA COLNTY OF ±LVLLj __216(zLi BOYNTON BEACH COMMUNITY 00" By: BiuZ . ... ... Steven B. Grant, CRA Board Chair BEFORE nie the undersigned authority on this NO 5— , 2021 personally _JkL.day of . 11__' appeared Steven B, Grant, Board Chair of Boynton Beach Community Redevelopment Agency, on behall'of said Agency, who is personally known to me or who has produced a driver's license as identification and who did (did not) take an oath. 3 NNIE O6Public Ni�W-D—E-N ...... . p NotaryCommission ub Cory1m a Co ' m q My My Commission Expires 0, May 25,2025 5 -State of Florida Public Commission 4 HH 87189' MIMMM Q - "N Notary P;lic' Print Notary Narne My Commission Expires :__,S� 656 THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES (Third Amendment) is entered into by and between the Boynton Beach Community Redevelopment Agency (the CRA) and Lewis, Longman & Walker, P.A. (the FIRM) (collectively referred to as the Parties and individually referred to as a Party). WHEREAS, the CRA and the FIRM entered into an Agreement for Legal Services (Original Agreement) on November 12, 2013; and WHEREAS, the CRA Board approved certain changes to the Original Agreement on October 10, 2017; and WHEREAS, the CRA and the FIRM executed the First Amendment to Agreement for Legal Services (First Amendment) in July, 2018; and WHEREAS, the CRA and the FIRM executed the Second Amendment to Agreement for Legal Services (Second Amendment) in August, 2021; and WHEREAS, the Parties desire to make certain changes to the Original Agreement as modified by the First Amendment and Second Amendment (Agreement); and NOW THEREFORE, in consideration of the promises contained herein and in the Agreement, the sufficiency of which both Parties hereby acknowledge: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Effective Date. This Third Amendment shall be deemed to be effective as of October 1, 2023. 3) Amendments. Section 3 of the Agreement is hereby amended to read as follows. Deletions are shown as stricken through; additions are shown as underlined. Section 3. The FIRM is to be paid by the CRA as follows for the services perfonned pursuant to this Agreement: A. A monthly retainer in the amount of $6,,008$7,000 which shall cover the legal services of attending the regular CRA Board meetings, preparation for the Board meetings, general management and oversi h t of legal team tasks, staff and Board discussion, and research. B. Legal services shall include, but not be limited to such services as prosecution or defense of litigation, representation of the Board before other entities, i.e.; the Board of County Commission, the City Planning and Development Board, etc., real estate transactions, drafting or review of agreements, contracts, RFQs, RFPs, employment matters, and 01505084-1 657 shall be billed at the hourly rate of $2-7-0 $300 for partners, X0$245 for associates and $150.00 for paralegals. C. In addition, the FIRM may bill the CRA for reasonable and ordinary actual expenses incurred including, but not limited to, messenger services and court costs, which will include but not be limited to, filing fees, service of summons, service of subpoenas, witness fees (including expert witness fees), court reporter fees, etc. D. The FIRM shall submit monthly invoices with summary description of services rendered or expenses incurred and shall retain records which support all billings. The FIRM shall promptly respond to any inquiry by a Board Member or CRA staff regarding the FIRM's billings. Within forty-five (45) days of the end of the CRA's fiscal year end, the FIRM shall provide to the CRA an accounting of the total actual hours spent for the monthly retainer fee. 4) Review. The FIRM serves at the pleasure of the CRA Board; therefore this Agreement is not for a fixed term. This Agreement shall be deemed renewed and amended bi-annually by CRA Board appropriation of funds for legal services in the CRA budget. Any requests for the adjustment of compensation shall be made bi-annually during review of the CRA budget. 5) General. Except as expressly set forth in this Third Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the CRA and the FIRM. This Third Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. [SIGNATURES ON FOLLOWING PAGES] oisososa-1 658 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH Lewis, Longman & Walker, P.A. Print Name: Title: BEFORE me the undersigned authority on this day of July, 2023 personally appeared Tara W. Duhy, Executive Shareholder of Lewis, Longman & Walker, P.A., on behalf of said corporation, who is personally known to me or who has produced a driver's license as identification and who did (did not) take an oath. NOTARY SEAL Notary Public Print Notary Name My Commission Expires: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [CRA SIGNATURE ON FOLLOWING PAGE] 01505084-1 659 WITNESSES Print Name: Print Name: STATE OF FLORIDA COUNTY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Ty Penserga, CRA Chairman BEFORE me the undersigned authority on this day of , 2023 personally appeared Ty Penserga, Chairman of Boynton Beach Community Redevelopment Agency, on behalf of said Agency, who is personally known to me or who has produced a driver's license as identification and who did (did not) take an oath. NOTARY SEAL Notary Public Print Notary Name My Commission Expires: 01505084-1 660 10YN10N Levo %BEACH ��e�� uououuu �RA OII��UV�V'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 OLD BUSINESS AGENDA ITEM 13.1) SUBJECT: Discussion and Consideration of an Update to the BBCRA Travel Policy SUMMARY: The Revised Travel Policy shall apply to Board members and staff (see Attachment 1). Travel expenses for CRAB members are approved at the discretion of the CRA Board. In the past, the CRA Board allowed CRAB members to attend the annual FRA conference if any of CRA Board members are unable to attend, and only conference registration and lodging costs were reimbursed by the CRA. FISCAL IMPACT: None CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Adopt the Revised BBCRA Travel Policy as presented. 2. Modify the Revised BBCRA Travel Policy requirements as presented. 3. Provide staff and legal counsel with alternative direction. ATTACHMENTS: Description • Attachment I - Revised BBCRA Travel Policy 661 Boynton Beach Community Redevelopment Agency TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the CRA: Definitions Class A travel: Travel that exceeds twenty-four (24) hours or more away from official headquarters. Class B travel: Travel that does not exceed twenty-four (24) hours but overnight stay from official headquarters is required. Class C travel: Travel for short or day trips (within 50 miles of official headquarters) where the traveler is not away from his official headquarters overnight. Authorization and Reimbursement Policy A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. A description of the conference, seminar, workshop, meeting with relevant information concerning the locations, dates, costs of the travel must be attached to the Travel Request form. 2. As approved at the October 9, 2007 CRA Board meeting, all travel by CRA Board Members must be approved in advance by the CRA Board. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report and/or Petty Cash Request for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report(s) for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the staff member personally. D. Travel Approvals and Reimbursable Expenses: • Authorized travel is defined in the annual CRA budget as approved by the CRA Board for non -local, local, and regional travel and entertainment expenses related to a public purpose. �:4r "nnwi " r® �reA„€�r�„tee®sir ®e ' "r �aPo. IIC �IIC III III�W,��III'; �..I..IICrn IIIIIIIIIIIIIL , �.......III'��.III'��. IIII III : IIC';;: I m \0'111 III' IN. IIII IIL... IIC° III11111 ...... ' '„ 111'"' IC,� 111'.�.III „I 662 • CRA Board Member travel shall be gon§delmd w=r(1ing to the scar 11 ',(e�! ll, I ::yjgpt appiR13!1ved by Q1 Vit or Vice Gh4r aiiW DreotoF7 and must be approved in advance by the CRA Board at a regularly scheduled meeting. • CRA Board members travel expenses may be paid by the Executive Director under authority of Resolution No. 05-15 (Resolution reguiring two signatures on all g_qgncy checks and authorizing signatories). • CRA Board members shall be reimbursed for travel expenses as approved in advance by the CRA Board and upon receipt by the CRA of receipts and documented expenses. 4- e • EXeGHti— travel shall be a • CRA Employee travel shall be approved by the Executive Director. • Entertainment expenses are permitted and reimbursable if serving the public purpose and as approved in the annual budget for official CRA business. Entertainment expenses, including but not limited to meals, tickets, or admission to special events, or other functions may be reimbursed subject to approval by the Executive Director or designee. The business purpose, date and location, names of attendees must be included with the reimbursement request. • Travel and entertainment expenses are only reimbursable with receipts and are not automatic. • No personal items may be charged to the Agency or reimbursed by the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class A and B travel. Class C travel meals will be reimbursed according to the time travel begins and ends and at no more than the per them payment for the reimbursable meal. • Mileage rate reimbursement will Li() rig,!::jde at stair'idaird li'fli:liriri4l IRevlrurlUe Sei,yklle Ill if !'91g§Gy!!11III y a16p16ply 4 IJees RG"t 11`111%at;tG 44GW&RG11E1:: Mllleage Pi a ii: I r:q11:9 aiind Gity. ate ii, �13 $,, 505 pier rHile per fl� � • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The Agency WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the employee separately. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the employee and not the agency. Meal rates ( 'RPI �ein�) g[g gijgl llHslhed oIind rm:lunlane(�J IIIby f�i]p U5 Qqpg[!M!�Dt of ("ornirrierce are $12::00 Ilb'iuFea kfa st � $4 5 00 dll Li iin ch a nd 30; 00 d i 9 9 e r. • All expenses must be incurred at the most cost effective and economical way possible. ........I ...... ............................................................... I S\0'1I ...... .... I I 111�)' I"Z M S ...................................................................................................................................................................................... !!!!!!!! ............................................................................................. = ...................................................................................................................... 663 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 OLD BUSINESS AGENDA ITEM 13.E SUBJECT: Continued Discussion and Consideration of CRA Board Travel to the 2023 International Economic Development Council's Annual Conference SUMMARY: The International Economic Development Council (IEDC) is a non-profit, non-partisan membership organization serving economic developers to promote economic well-being and quality of life for their communities by creating, retaining and expanding jobs that facilitate growth, enhance wealth and provide a stable tax base. Members are employed in a wide variety of settings including local, state, provincial and federal governments, public-private partnerships, chambers of commerce, university and a variety of other institutions. The year's annual conference will be held in Dallas, Texas on September 17-20, 2023. It is an opportunity to connect with thousands of economic development professionals and learn industry insight from the experts about today's most pressing topics including economic reinvention, community innovation and disaster recovery resiliency. At this year's conference, the Boynton Beach CRA has been selected to present a discussion on "The Role, Power and Importance of Public -Private Partnerships" (see Attachment 1). The 1 -hour session will be on Monday, September 18, 2023 at 11:15 AM. The session will cover public-private partnerships and how they share a development project's risks, benefits and costs while collaborating and managing project timelines in an era of increased construction costs and supply chain delays. The CRA's Executive Director and Grants & Project Manager will be in attendance to present on behalf of the CRA to share our public-private partnership experience with The Heart of Village Apartments & Shops. The conference program is provided as Attachment II and more information about the conference can be viewed on their website: https://www.iedconIine.org/events/2023/09/17/conferences/2023-annual-conference-in-dallas- tx/ The member rate to attend the conference is $975 until July 28, 2023. The total cost of the trip (including airfare, lodging, meals, and registration costs) is estimated at approximately $3,000 for each attendee. Confirmation of board members' attendance is requested by staff for budgeting purposes. The CRA would provide reimbursement to the Board Members after the conference for eligible 664 expenses for the conference registration, airfare, hotel, per diem for meals not included in the conference and rental car and/or public transportation. FISCAL IMPACT: FY 2022-2023 Budget, General Fund, Line Item 01-51010-225 $11,318.71 ATTACHMENTS: Description • Attachment I - IEDC Speaker Invitation • Attachment II - IEDC Annual Conference Program 665 Nicklien, Bonnie From: Claudia Bellony <cbellony@iedconline.org> Sent: Wednesday, May 24, 2023 11:11 AM Cc: Claudia Bellony Subject: Accepted: Your Session Idea for IEDC Annual Conference ***Please save this email for future reference.*** Hello there! Thank you for submitting your session idea for the IEDC 2023 Annual Conference. We are pleased to inform you that your idea, or an iteration of your idea, has been included in the program. Please read this email carefully as it contains a number of key details about your session, your role, and the conference. Please visit the Annual Conference website for your session date and time. If you have specific questions, please email me and I will be happy to assist. Please note that we are unable to accommodate requests for date and time changes for your session. IEDC reserves the riaht to a/ace additional saeakers in your session as necessary and must aaarove all saeakers (this does not pertain to sponsored sessions or learnina labs) added to the session prior to inviting them to join the grogram; please reach out if you have any questions or speaker recommendations. Key Dates May 31 Confirm participation deadline May - August Plan session content July 14 Speaker Informational Webinar August 11 Speaker/Panelist/Moderator planning call scheduled August 14 Last day to book hotel September 15 Last day to upload slide deck to the speaker portal Sept. 17-20 IEDC 2023 Annual Conference September 29 Speaker Survey Completed Confirming Your Participation Please confirm your participation here. You will be prompted to add your information, including your current headshot and bio. If we do not receive confirmation of your participation within 2 weeks of this message, we will consider the invitation to join the program declined and move on to other potential speakers. IEDC reserves the right, in the absence of you submitting your headshot and bio, to provide that information on our website using the most current available information, such as what was included in your session idea submission, your Linkedln profile, and/or your most recent employer's website. The best way to ensure we are presenting your most current information is to submit it upon confirming your participation. 666 Registration & Hotel Information This conference would not be possible without your participation. In acknowledgement of your participation, we invite you to join us for the half-day of the conference in which your session is taking place as our guest. If you would like to attend the entire conference, we are pleased to offer you the lowest members only rate, our member early bird registration rate, at any time you wish to register, even after the posted deadline has passed. We understand that speaking at a conference requires dedicated resources and regretfully we are unable to cover speaker expenses or provide honorariums. Please do not wait to book your hotel room. The room block closes August 14th, but may sell out before then, as has been the case at recent IEDC conferences. Hilton Anatole 2201 N Stemmons Fwy, Dallas, TX 75207 Phone: (214) 748-1200 Room Rate: $269 Questions or Need to Chat? If you have questions or would like to discuss your session details, please reach out by: Scheduling a quick appointment on my calendar here (quickest and most efficient) Texting or calling me at 202.942.9470 Emailing me using the following subject line format "AC23_InsertYourSessionTitle" Thank you for your support of IEDC and the economic development profession! We look forward to welcoming you to Dallas later this year! Sincerely, Claudia Bellony IEDC Senior Manager of Programming 667 Sat, Sep 16, 2023 1:30 PM Arlington Entertainment District Tour 0 1:30 PM - 5:00 PM, Sep 16 ams m no Join us for a tour of the largest entertainment district in Texas — the Arlington Entertainment District ("The District".) Guests will tour AT&T Stadium home of the Dallas Cowboys, Globe Life Field home of the Texas Rangers, Texas Live!, Live! by Loew's hotel, and much more. Price: $85 The `Silicon Valley of Golf' Tour 01 1:30 PM - 5:00 PM, Sep 16 I'm, The PGA Frisco project is developing through a public-private partnership between PGA of America, Omni Hotels & Resorts, the City of Frisco, and the Frisco Independent School District, estimated to create a regional economic impact of $2.5 billion over 20 years. Join us for a tour of this multifaceted project also known as the "Silicon Valley of golf." Price: $85 Sun, Sep 17, 2023 9:00 AM 12:00 PM Circuit Trail Conservancy Dike Tour 0 9:00 AM - 11:30 AM, Sep 17 011, WE, The Circuit Trail Conservancy (CTC) is the 501(c)(3) partnering with the City of Dallas to build The LOOP, joining 39 miles of existing trails in Dallas with I I miles of newly built trails. Explore Dallas' catalyst for mobility and economic opportunity with this biking tour; see first-hand how the LOOP will make Dallas more vibrant and pedestrian -friendly and create a sense of community across our city. Price: $85 Sponsored Learning Lab 0 12:00 PM - 1:00 PM, Sep 17 This sponsored session is a great opportunity to put your expertise, products and services on display in front of the largest gathering of economic development professionals in the world. If you are interested in sponsoring this session, please contact Shari Nourick at snourick(aiedconline.org for more information. 1:30 PM Downtown Dallas and Arts District Tour 1:30 PM - 5:00 PM, Sep 17 6111111 T.131 668 2:00 PM 3:45 PM Join us for this tour as we venture into Downtown Dallas to witness first-hand the transformation and rebirth from a daytime business environment to a vibrant downtown experience. We will also be exploring the adjoining neighborhoods to see how the success has flourished and expanded beyond the former central business district. Price: $85 Opening Plenary (D 2:00 PM - 3:30 PM, Sep 17 am Join us for our opening plenary session of the 2023 Annual Conference! This session will feature leading international economic development professionals, policymakers, stakeholders, and thought leaders to explore how we can better support our business communities with the tools and resources needed to grow, build resilience, and enable long-term sustainability. U) Keynote Panelists Eloisa Klementich, CEcD, PhD JEDC Chair, Planning and Business Development, President and Chief Executive Officer Invest Atlanta, Atlanta, GA Sponsored Session 3:45 PM - 4:45 PM, Sep 17 This sponsored session is a great opportunity to put your expertise, products and services on display in front of the largest gathering of economic development professionals in the world. If you are interested in sponsoring this session, please contact Shari Nourick at snourick(a_liedconline.org for more information. Economic Development Funding Advocacy Strategies & Opportunities 0 3:45 PM - 4:45 PM, Sep 17 In recent years, new funding opportunities have emerged at much higher rates. Join us for an engaging discussion with local and regional economic development leaders on how you can best position your community. Gain insights on the industry's best practices to build effective strategies and secure resources to develop and advance projects in your area. Unlocking the Future of Land Use 3:45 PM - 4:45 PM, Sep 17 Planning recommendations, best practices, market-driven analyses, and forward-looking leaders are required in order to create the best Land use maps and zoning policies. In addition, as communities evolve, economic development professionals must be engaged and involved in early development conversations to apply their knowledge and expertise. Join us for a discussion with leading thought leaders as we focus on improving the relationship between land use planning and economic development. Quality of Life: The Lost Economic Development Metric Q',)3:45 PM - 4:45 PM, Sep 17 What does your community's quality of life look like, and how do you measure it? For example, do you calculate new, permits, median household incomes, acres of green space, unemployment, or health outcomes? Establishing qualitative and quantitative foundations for success can help incorporate additional opportunities to plan and track crucial performance data. Join us for a conversation on how to find and best communicate key success indicators in your community. 669 5:00 PM Bringing Your Ideas to Life: Idea Friendly Workshop for Rural Revitalizations 01 3:45 PM - 4:45 PM, Sep 17 Tired of projects and ideas falling flat in your town? Put the power back in your community's bands with the Idea Friendly Method. It's designed specifically for small towns and rural communities. Say goodbye to endless meetings and committees and hello to actionable steps to bring your ideas to life! Join us for this interactive workshop and bring your big ideas for your community. From infrastructure needs to retaining youth to revitalizing empty buildings, we'll show you how to apply the idea Friendly Method and make a real impact. CHIPS + Science Act: The Geography of New Tech Hubs 4;;;,°13:45 PM - 4:45 PM, Sep 17 Through the CHIPS and Science Act, the federal government plans to invest billions of dollars into applied research to build technology hubs throughout the U.S. This initiative is supported through regional and higher education partnerships, including historically black colleges and universities (HBCUs) and minority -serving institutions (MSIs) in rural, suburban, and urban localities. Join this session and learn about the potential benefits of the tech hubs themselves, as well as the networks that will support them. Chairman's Reception 0 5:00 PM - 7:00 PM, Sep 17 Join 1EDC President and CEO Nathan Ohle, Board Chair Jonas Peterson, and the Dallas host conmlittec for an lively networking reception. Connect with fellow attendees as we conclude Day One of the this year's Conference. Mon, Sep 18, 2023 8:30 AM Monday Morning Plenary 8:30 AM - 10:00 AM, Sep 18 '..... am Grab a cup of your preferred morning beverage and head down for the Monday Morning Plenary to launch the first full day of conference events and tours. You won't want to miss a spirited panel discussion on the role of economic development in addressing pressing global challenges such as climate change, technological disruption, and income inequality. 111 Keynote Panelists Matrice Ellis -Kirk CEO Ellis Kirk Group, Dallas, TX Irving -Las Colinas Urban Center Tour 41 8:30 AM - 11:30 AM, Sep 18 i ., i17111 mil. Experience what sets Irving -Las Colinas apart from the thriving business community and distinct urban center. This tour features an inside look into some of the leading local industries, highlights of the Irving -Las Colinas urban center, and views of some of the best -in -class lifestyle amenities. Price: $85 9:45 AM Networking Break (�) 9:45 AM - 10:00 AM, Sep 18 670 10:00 AM 11:00 AM 11:15 AM An EDO's Role in Pivoting Workforce Ecosystems 0 10:00 AM - 11:00 AM, Sep 18 Many communities continue to utilize workforce development programs as social services rather than crucial strategies to develop local or regional economies. Economic development organizations must shift and refocus these conversations to remain competitive in driving short- and long-term talent development and retention. This session will examine case studies and explore various successful strategies to apply in your community. New Perspectives: Insights from IEDC's 2023 Equity in Economic Development Fellows 0 10:00 AM - 11:00 AM, Sep 18 Hear unique perspectives about the direction of the economic development profession from future professionals, IEDC's 2023 Equity in Economic Development Fellows. This session will feature insights from these bright students and recent graduates fresh from their assignments at our participating economic development organizations. They will share their experiences, challenges, and takeaways from their roles in advancing impactful projects in their host communities. Sponsored Session 01 10:00 AM - 11:00 AM, Sep 18 This sponsored session is a great opportunity to put your expertise, products and services on display in front of the largest gathering of economic development professionals in the world. If you are interested in sponsoring this session, please contact Shari Nourick at snourickCaliedconline.org for more information. Leveraging Underutilized Assets into Renewable Energy Revenues 1 10:00 AM - 11:00 AM, Sep 18 In the aftermath of the COVID-19 pandemic, communities of all sizes are discovering that previously reliable revenue streams are unpredictable and susceptible to uncontrollable forces. Hear from local, regional, and national governments that identified underutilized city -owned assets leveraged to develop renewable energy generation and transmission, creating reliable revenue streams immune to interruption. Join this session to engage with thought leaders to find similar opportunities to use in your community. Networking Break 0 11:00 AM - 11:15 AM, Sep 18 The Role, Power, and Importance of Public -Private Partnerships 0 11:15 AM - 12:15 PM, Sep 18 Public-private partnerships share community development projects' risks, benefits, and costs while collaborating and managing project timelines in an era of increased construction costs and supply chain delays. These partnerships, with public land and tax dollar use, provide communities with a sense of buy -in and control of what projects are being built and developed in their neighborhoods. This breakout session will highlight global best practices and discuss how to utilize public-private partnerships to meet your economic development goals effectively. Restore & Revitalize Brownfield Redevelopment Projects 011:15AM-12:15 PM, Sep 18 671 12:30 PM This session will teach participants how to locate, fund, and restore brownfield redevelopment projects in their communities, focusing on industrial redevelopment. States are taking an innovative and aggressive approach to brownfield redevelopment by ensuring that departments collaborate and create solutions for the most economically distressed communities. Speakers will highlight and demystify the process of developing a brownfield site using various methods, partnerships, and funding sources. Addressing Poverty & Economic Development in Underserved Communities 11:15AM-12:15 PM, Sep 18 Economic development professionals tend to avoid discussing poverty. As public -facing community advocates, it can be tempting or instinctive to highlight a community's strengths while diminishing potential weaknesses. Ignoring or under -resourcing the issue won't make it go away; likely the opposite, in fact. Join this session to workshop and develop innovative strategics that address local economic distress, set development goats, and prioritize getting your whole region back on track. Economic Development's New Frontier: Remote Work Incentives (:;) 11:15 AM - 12:15 PM, Sep 18 Financial incentives represent the new frontier of workforce development, offering communities new opportunities to attract and retain talent. In communities that embrace remote work options, companies can attract and retain top talent, reduce costs, and stay competitive in their industries. Panelists participating in this discussion are from communities included in recent economic impact studies of successful remote work programs. Each panelist will discuss how the programs have matured, convey lessons learned, and compare remote worker attraction programs with more company -focused economic development incentives. Balancing Artificial intelligence's Potential in Economic Development 011:15AM-12:15 PM, Sep 18 Artificial intelligence has the potential to provide significant benefits but at a cost. For the field of economic development, we will have to analyze and balance its benefits with its possibility of unforeseen drawbacks. Join this session to discuss the advantages, disadvantages, and general takeaways of utilizing Al in your community's economic development strategies. Sponsored Session 11:15 AM - 12:15 PM, Sep 18 This sponsored session is a great opportunity to put your expertise, products and services on display in front of the largest gathering of economic development professionals in the world. If you are interested in sponsoring this session, please contact Shari Nourick at snourick@iedconline.org for more information. Exhibit Hall Networking Lunch q 12:30 PM - 2:00 PM, Sep 18 Join us in the Exhibit Hall for a networking lunch with your colleagues! Take some time and visit and engage with our sponsors and exhibitors! *A boxed lunch will be provided to all participants. Sponsored Lunch and Learn Session ("i_1) 12:30 PM - 2:00 PM, Sep 18 This sponsored session is a great opportunity to put your expertise, products and services on display in front of the largest gathering of economic development professionals in the world. If you are interested in sponsoring this session, please contact Shari Nourick at snourick aliedconline.org for more information. 672 1:30 PM 2:15 PM EDRF Luncheon $$ N 12:30 PM - 2:00 PM, Sep 18 Economic Development Research Partners (EDRP) members won't want to miss this year's special networking luncheon, where we will discuss pressing economic development issues and trends. It is a great opportunity to learn and connect with peers in a small, relaxed setting. If you're not an EDRP member yet, join today! Innovation & Biotech Tour at Pegasus Park 0 1:30 PM - 5:00 PM, Sep 18 uo m obi Pegasus Park is a 23 -acre, fuhire-focused ecosystem, built for interaction, ingenuity, and advancement, an opportunity to explore ideas that move the needle in the social sector, biotech, and business. Do not miss an opportunity to fully explore the district's state-of-the-art amenities and offerings. Price: $85 Innovation & Investment: Updates on the Unleashing American Innovators Act 01 2:15PM-3:15 PM, Sep 18 Join Hope Shimabuku, Regional Director for the Texas Regional Office of the United States Patent and Trademark Office (USPTO), for an engaging discussion about the Unleashing American Innovators Act of 2022, passed as part of the Consolidated Appropriations Act 2023. The innovation ecosystem continues to expand with USPTO programs and support. Learn how the act and innovation affect your community and the benefits of intellectual property in economic development. Changing Tides: Embracing Shifts in Government Leadership 0 2:15 PM - 3:15 PM, Sep 18 Leadership change, generally, can be stressful as it often tends to challenge the status quo, but in government, policy implications can add a new level of uncertainty and stress. These changes create ripple effects in cities, provinces, territories, regions, nations, and globally. This session will discuss how changing government leadership can have positive and negative economic impacts, depending on the policies and priorities of the incoming leaders. Hear from experts on how organizations can better embrace and navigate leadership changes to thrive in unpredictable circumstances. Developing Accessible and Affordable Workforce Housing Strategies 2:15PM-3:15 PM, Sep 18 Housing is an obstacle regardless of job market, community size, or geographic location. Communities often face unique challenges regarding developing affordable workforce housing. This session will feature examples from a panel of community leaders who are expanding housing options, anchoring their placemaking initiatives, and reversing their population decline. Learn from active community strategies to promote affordable and accessible housing development in your community to meet the needs of your residents and employers. Shifting Power Dynamics: Old vs New Energy 0 2:15 PM - 3:15 PM, Sep 18 As old power plants continue to decommission, the U.S. power grid struggles to meet electricity demand. As a result, regulators warn that rolling power outages previously seen in California and Texas could become the new normal for much of the country. Take part in this engaging panel discussion to look toward solving the increasingly tight power supply and brainstorm methods for developers to build new energy infrastructure to offset the closures of older power plants. 673 3:30 PM Sponsored Session 02:15PM-3:15 PM, Sep 18 This sponsored session is a great opportunity to put your expertise, products and services on display in front of the largest gathering of economic development professionals in the world. If you are interested in sponsoring this session, please contact Shari Nourick at snourickeaiedconline.org for more information. Investing in Talent: Immigration and Talent Attraction Strategies C) 3:30 PM - 4:30 PM, Sep 18 Talent attraction and immigration are critical components of economic development strategies in communities worldwide. However, attracting talented workers and immigrants requires comprehensive strategic approaches that address the community's and potential residents' needs. This session will provide case studies on how to best include immigrants and refugees in your talent attraction and retention strategies, creating a vibrant, diverse, and welcoming environment for all. Grow Your Economy with Veteran Entrepreneurs (1]) 3:30 PM - 4:30 PM, Sep 18 Veteran entrepreneurs are capacity builders, significantly impacting the economic development and small business ownership landscapes. Military -connected entrepreneurs employ over 8 million employees globally and pay more than $210 billion annually in payroll. This session will examine economic development techniques to plug into your local veteran entrepreneur community and leverage their unique experiences to grow your local economy. Diverse and Inclusive Innovation in Equitable Economic Development (i7) 3:30 PM - 4:30 PM, Sep 18 In the social reckoning following the death of George Floyd and the global pandemic of 2020, economic development organizations and leaders seek to build innovative, equitable financing strategies for housing solutions, business development, and wealth generation. In this session, professionals will learn from a detailed analysis of a community's capital needs, gaps, and more to promote diverse, inclusive, and sustainable economic development. Things to Know in Economic Development: From Entry to Executive 4;;';13:30 PM - 4:30 PM, Sep 18 As we travel through our personal and professional development journeys, it can often be confusing to know or figure out which skills would best support progressing toward desired career and life goals. This panel discussion will analyze knowledge and skillset development recommendations that economic development professionals of any level should be developing intentionally to continue advancing in their respective careers. Sponsored Session 8;;'„13:30 PM - 4:30 PM, Sep 18 This sponsored session is a great opportunity to put your expertise, products and services on display in front of the largest gathering of economic development professionals in the world. If you are interested in sponsoring this session, please contact Shari Nourick at snourick@iedconline.org for more information. 4:45 PM Affinity Group Meetups 0 4:45 PM - 5:45 PM, Sep 18 674 Meet with colleagues and friends, or make new ones at the Affinity Group Meetups. Join like-minded professionals with similar hobbies and interests for informal networking and conversations. Before heading out, everyone will gather in the grand ballroom, then set out to a local restaurant or bar to support the local economy for a night of fun! *Note: Affinity groups are attendee -tun. Registration is not required. - Pet Lovers, Travelers, and The Great Outdoors - AR, VR, AI, and all things Tech - Under 40 Club - LGBTQIA+ - Indigenous, Tribal, and Native - Blacks in Economic Development - People with Disabilities and Varying Abilities - Mental Health and Well being - Asians in Economic Development - Latinx Looking for ideas of where to go? Find a restaurant from the recommendations here! [https://www.visitcalgary.com/things-to-do#/1666/eat--drink] Tue, Sep 19, 2023 7:30 AM 8:15 AM 10:00 AM Urban Revitalization Tour at RedBird's `The Shops' 0 7:30 AM - 11:30 AM, Sep 19 6momi The Shops at RedBird provide the community it serves southwest Dallas with a combination ofhigh-quality retail, restaurants, medical facilities, offices, and apartments that the community desires, deserves and can afford. Price: $85 Tuesday Morning Plenary Q'"�!D 8:15 AM - 9:45 AM, Sep 19 ., Join IEDC and leading economic development thought leaders for an engaging discussion on the profession's challenges, obstacles, and opportunities. Hear insights from a diverse panel of international professionals from communities of all sizes as they analyze and provide takeaways from developing to deploying successful and effective economic development strategies. Knowledge Sharing & Book Discussions: Color of Law 10:00 AM - 11:00 AM, Sep 19 Join this session for a conversation on the "Color of Law" in economic development, analyzing the historical and ongoing impact of racially discriminatory policies and practices on economic opportunities and outcomes. This conversation will dive deeply into The Color of Law: A Forgotten History of How Our Government Segregated America by Richard Rothstein and will focus on how the U.S. and nations around the world can dismantle goverment policies, laws, and practices that have perpetuated racial segregation, unequal access to resources, and economic disparities. 675 11:15 AM Building Entrepreneurship -Led Economic Development into Your Strategies ��11) 10:00 AM - 11:00 AM, Sep 19 This session facilitates space for IEDC members and entrepreneurship development professionals to share strategies, insights, and best practices to foster and create environments that support businesses' growth, encourage innovation, and create sustainable economic opportunities. Benefits of the Metaverse and New Emerging Technologies C) 10:00 AM - 11:00 AM, Sep 19 Hear from leading industry experts as they discuss how to protect new emerging technologies, available Metaverse resources, and how your community can attain a competitive edge. Gain insight into this growing tech market and learn how it can help your community's job creation, economic growth, global connectivity, and market expansion opportunities. Learn how to leverage the Metaverse and emerging technologies to promote innovation, equitable access, and sustainable economic development. The Best Sports City: A Texas Real Estate Council Sponsored Session 10:00 AM - 11:00 AM, Sep 19 Community collaboration and regionalism helped turn Dallas -Fort Worth into a sports economy powerhouse that can generate billions in economic impact. Hear from major players from the area to discuss how sports have transformed the region, share their insights on the "build it, and they will come" phenomenon, and analyze the impact of sports beyond economic returns. Complete Infrastructure Projects with Tax Increment Financing 011:15AM-12:15 PM, Sep 19 Tax Increment Financing (TIF) can finance a wide range of economic development projects, including commercial, industrial, and residential developments, as well as public infrastructure projects such as roads, bridges, and public transit. This workshop -structured session will discuss and walk through some of the nuances of the four distinct types of development agreement structuring and how to make a project's design "bankable." Participants will analyze how these deals work together to create lucrative return -on -investments for the developers, municipality, and financier. Revenue Resiliency Strategies for Tight Budgets 011:15 AM - 12:15 PM, Sep 19 During economic downturns and tightening budgets, it becomes vital for economic development organizations to reinforce their value proposition and community impact to maintain sustainable funding. Leading economic development thought leaders and practitioners will analyze essential strategies for economic development organizations and professionals to apply in their communities, strengthening their long- and short-term resiliency. Personal Health = Professional Health 0 11:15 AM - 12:15 PM, Sep 19 Feeling frazzled? Don't worry you are not alone. Professionals globally have admitted to feeling overwhelmed, tired and burnt out. Prioritizing our mental health is not only good for managing our personal lives it has an even profounder impact on our professional lives. When we are mentally healthy we are able to build better relationships with colleagues, exceed deadlines, and demonstrate a high emotional intelligence in the workplace. Take a break from traditional programming as we learn how prioritizing health can lead us to a fuller, healthier life and its impact on well-being, performance, and professional success. Stay Tuned! More Excellent Content to Come! 676 12:30 PM 2:15 PM 11:15AM-12:15 PM, Sep 19 IEDC is working to finalize details on even more content for the 2023 Annual Conference. Our conference program and speaker line-up will truly offer'something for everyone' throughout all four days ofprogramming. Check back often for the latest speaker and session updates. Keynote Luncheon (;1) 12:30 PM - 2:00 PM, Sep 19 Join 1,000 of your closest friends and colleagues for the keynote luncheon as we discuss some of the most pressing issues facing the profession and highlight our progress despite disruptions. You will not want to miss the keynote luncheon of the year; make sure to get there early. 1 Keynote Speakers Ross Perot, Jr. Chairman The Perot Group, Dallas, TX Southern Dallas Revitalization Tour at Fair Park 0 12:30 PM - 5:00 PM, Sep 19 70n Join us for a tour of Fair Park, the only intact and unaltered pre -1950s world fair site in the United States. Between the art deco, architecture, history, and events, Fair Park offers an all -in -one, unique destination experience on how to transform while authentically preserving cultural and historical landmarks. Price: $85 Reimagining Incentives: Recruiting Retail with Time 0 2:15 PM - 3:15 PM, Sep 19 Not all business attraction and retention incentives have to be strictly monetary. As the saying goes, time is money. When attracting retail and other businesses, possible valuable incentives could include accelerating the permitting process, streamlining construction, and removing time -construing barriers at little to no cost to your organization or community. This session's panelists will discuss the importance of site selection and how to leverage non -monetary resources to attract business to your community. Drive Equity & Smart Business Decisions Through Environmental, Social, and Governance (ESG) Action (D 2:15 PM - 3:15 PM, Sep 19 Decades of no growth have stranded urban workers, accelerated climate impacts, and exacerbated talent shortages. In addition, people living in areas of concentrated poverty are disproportionately excluded from opportunities due to the unaffordability of a reliable vehicle to commute to suburban industry, nor can they reach it by crumbling infrastructure. Long-standing policies and practices have worsened these inequities. This session will highlight creative solutions emerging to address the "no car, no job; no job, no car" paradox, while analyzing the decades -long implications ofbusiness location decisions. Local Government 2030 - Action for the Future 4;;'„12:15 PM - 3:15 PM, Sep 19 677 3:30 PM 5:00 PM Inspired by the National Academy of Public Administration's Grand Challenges, The Local Government 2030 - Action for the Future initiative assembled 50 delegates, all under the age of 40 and from every discipline of local government, to discuss the challenges their profession faces. The initiative aims to address three primary problems in innovative and creative ways. These projects focus on developing better community communication and the challenge of integrating all of our residents into our meaningful work. The session will review the delegates' work to date and accept input from participants on the three projects. Show and Tell with IEDC Award Winners 2:15PM-3:15 PM, Sep 19 This special session will highlight IEDC award winners' projects as they showcase the details of their work, benefits to the community, and how other economic developments might replicate their work in their own communities for economic deti clopment success! Attendees will also hear about the underbelly of each program and project— how did they get finding, who were the key players, and what were some of the challenges they faced. Whether you are curious about award winners' projects or interested in hearing about what it takes to implement one, this session will have something for everyone. Reframing the Conversation: Economic Growth Amid Transportation Disruptions 3:30 PM - 4:30 PM, Sep 19 Unforeseen disruptions, especially in transportation, can have dire consequences for local, regional, national, global economies workforce. This session will prioritize discussing how changing the emphasis from "When will supply chains return to normal?" to "What can we implement today to better position ourselves for tomorrow?" can change the dynamics of planning and site preparation conversations. Session participants will discuss relevant case studies and engage in an interactive dialogue with our panelists. Supporting & Expanding Latinx Economic Development 01 3:30 PM - 4:30 PM, Sep 19 Latinx communities are among the fastest-growing ethnic groups in the world. JP Morgan Chase says, "Latino - owned businesses may be the economy's best bet. The Hispanic demographic is so important that communities cannot have success without Hispanic business success." Join this session as panelists and participants engage in a discussion about strategies to employ in communities around the globe to ensure Latinx and Hispanic entrepreneurship flourishes. Building Resilient Economies: Best Practices for Strengthing Your Value Proposition (;;';) 3:30 PM - 4:30 PM, Sep 19 Join SelectUSA as they highlight their recent research on how economic development organizations can best develop and deliver their value propositions. After a brief IGNITE -style presentation, panelists will engage in a moderated conversation discussing best practices and lessons learned based on their combined experience. This session will be especially valuable to economic development organizations with limited resources and need to better strategize their efforts. Recognition Night (Z) 5:00 PM - 9:00 PM, Sep 19 Join us for our first ever Recognition Night! Open to all attendees, this event will feature fin, food and drink, networking and dancing all while honoring the best and brightest in our profession. Wed, Sep 20, 2023 8:30 AM Wednesday Morning Plenary— Site Selection Panel 8:30 AM - 10:00 AM, Sep 20 am 678 10:15 AM This all-star panel of America's top site selection consultants will share their views on major trends in corporate location decision-making for the year ahead. The panel will discuss: • New and magnified considerations influencing site selection including environmental/ social/governance (ESG) factors, worker training programs and sustainable energy. • A growing shortage of site -ready, industrial properties combined with a surplus of office properties. • The rise of the "megaproject" and the resource challenges it is creating for many economic development organizations. • Risk mitigation in corporate location decision-making including the role of natural disasters, geopolitical concerns and supply chain redundancy. We'll leave plenty of time for Q&A and dialogue between the consultants and economic developers. This is a session that is not to be missed. T1 Keynote Panelists Beth Bowman CEO Irving -Las Colinas Chamber of Commerce, Irving, TX Harnessing Small Businesses for Local Economic Growth 4;l 10:15 AM - 11:15 AM, Sep 20 New research shows that a paradigm shifted among economic development professionals, making small businesses and entrepreneurship their new highest priority. The COV ID -19 pandemic revealed that local mom- and-pop shops are foundational to sustaining any community. In addition, small businesses create 425% more net new jobs than larger corporations. This interactive session encourages audience participation in breakouts and case study analyses of award-winning programs. Putting Pen to Paper: Higher Education Drives Tech Innovation and Commercialization (D 10:15 AM - 11:15 AM, Sep 20 This session will guide participants through a facilitated group discussion to identify the process and solutions that ease the transfer of ideas from higher education to industry partners. In understanding the perspectives of different stakeholders in the research -to -commercialization process, attendees will be better able to find ways to improve that process in their communities. How to Employ Your Lagniappe: Promoting Unique Rural Locations and Neighborhoods 10:15 AM - 11:15 AM, Sep 20 Small and rural communities require an extensive understanding of various techniques to promote exceptional rural locations. This breakout session will examine the role of decentralizing tourism for a more sustainable and equitable approach, highlighting the best international case studies and presentations on successes in decentralizing and promoting tourism in their communities. Investing in the Future: Southern Dallas' Strategy to Uplift Historically Disadvantaged Communities 0 10:15 AM - 11:15 AM, Sep 20 In 2021, Dallas City Council unanimously approved an economic development policy defining a new mission, vision, and agenda for inclusive economic growth. The approach's core task focuses on Southern Dallas and communities of color, for whom structural disparities and historic actions have hindered and stunted opportunity. Join us for a moderated and lively discussion on what it takes to invest in underserved areas. We will hear from a range of panelists who will share a behind -the -scenes look at the market forces, politics, policies, and determination that successfully bring development, jobs, and infrastructure to Southern Dallas. 679 11:30 AM Closing Plenary — Town Hall with Nathan Ohle, IEDC President and CEO (� 11:30 AM - 12:30 PM, Sep 20 on Help close out the Annual Conference and join IEDC President and CEO Nathan Ohle in the ballroom for an engaging, spirited Town Hall -structured question and answer session on the new IEDC strategic plan. *We highly encourage attendees to upload their questions and comments into the Whova App.* 680 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 NEW BUSINESS AGENDA ITEM 14.A SUBJECT: Consideration and Discussion of Fiscal Year 2023-2024 Project Fund Budget SUMMARY: The Boynton Beach CRA is a quasi -governmental, Special District operating under Title XI, Chapter 163, Part III of the Florida Statutes. The agency's annual financial operations run on a fiscal calendar beginning on October 1st and ending on September 30th of each year. The CRA does not obtain its revenue from charging an additional tax. The CRA receives its annual funding based on a percentage share of the existing ad -valorem property taxes paid to the City of Boynton Beach and Palm Beach County. The CRA's annual budget is comprised of three accounting funds: 1. The General Fund which contains the administrative, general operation, insurances, property maintenance and CRA/CRAAB and marina related items; 2. The Debt Service Fund which contains the CRA's financial debt obligations and encumbrances such as bond repayments and developer's tax increment funding agreements; and, 3. The Project Fund which contains all of the capital projects, development projects or initiatives, property acquisitions, local business grant programs or promotional events, as well as eligible innovative policing activities such as the Neighborhood Officer Program. At this first CRA budget meeting, the Board's FY 2023-2024 Project Fund budget allocation discussion will assist in identifying the priority projects for the upcoming fiscal year as well as deciding what funding amounts to provide to each proposed Project (see Attachment 1). The Project Fund and overall budget breakdown will identify bond debt obligations, existing tax increment revenue funding agreements obligations and available funding for priority projects, programs or funding requests such as but not limited to the Neighborhood Officer Police Program, District Improvement Projects, Business Development and Promotional Events and Marketing. The number presented is an estimate. The final numbers from the Property Appraiser's Office have not been received. The CRA's FY 2023-2024 Budget discussion will occur again at the CRA Advisory Board (CRAAB) meetings being held on September 7th, as well as, the CRA Board's August 8th and September 12th meetings. Final approval and adoption of the CRA's annual budget for Fiscal Year 2023-2024 by the Boynton Beach City Commission is anticipated to occur at their September 19, 2023 meeting. 681 FISCAL IMPACT: To be determined based on Board discussion and action. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by CRA Board based on discussion and direction. ATTACHMENTS: Description • Attachment I - Fiscal Year 2023-2024 Draft Project Fund Budget Worksheets 682 C99 00 O t-OOhl Ok C*1 e- O N r OO O O 117OOLn O W!;,'t0' O 0 4 ch Obi � 007 � N (00 LLC) d ' N N CV NM h- M l U. r e- O 2 LL2 T Co M 6 C C c C N Q .O x >, y O c } C) o o � CS 0 O N @ N E coticj w 'O NQ y p �.. 5 ot5 q c0 6 Ln E2 N N m '0.Q Q!C 1 E2 ``!'}i a (D °m co 'OO e Lo LO ' + <% a O II C 0 OC] S 4. WCa = CO m O LLO = N Ln 0 0.�. LCS �Y IL g. 0 wN .0_ N d F 0 in _ .0 V 7 a L6 d. 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The grant programs continue to further the CRA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Grant guidelines and applications can be downloaded from the CRA website www.boyntonbeachcra.com. Below is a status report of the CRA's Economic Development Grant Programs and Business Development activities for FY 2022-2023: FY 2022-2023 Budget $640,558 Grants Awarded Since October 1, ($231,216) 2022 Remaining Fund Balance as of $409,342 7/11/2023: List of CRA Board approved Economic Development Program Grantees since October 1, 2022: FY2022-2023 CRA Economic Development Grant Recipients Business Name Business Business Grant Address Type 202 W. Soleil Academy Boynton Daycare 2, LLC Beach Facility Boulevard Funds Approved 6 -month Rent Reimbursement $7,500 Extension Total Funds Disbursed Year -to - Date $7,500 686 New Business Tax Receipts issued in June 2023 within the CRA boundaries: Business Name AHTNA Marine & Construction Co. 1403S. Pet 444 W. Boynton Beach Blvd. Hip Hip Furray Federal Grooming Rent $15,000 $6,250 LLC Highway Boutique Reimbursement Gator State 860 W. Property Storage Boynton Industrial Warehouse Improvement $25,000 $24,860 Beach LLC Avenue 1550 N. ShinyTouchShop Federal Nail Salon Rent $14,710 $6,129.20 Inc. Highway, Reimbursement Unit 15 1315 LLC 1315 N. Federal Professional Property $15,855 $13,072.50 Highway Office Improvement AAR Fade In. 558 E. olbright Barber Rent $15,000 $3,750 d/b/a Sir Cutz Rd Shop Reimbursement Ocean Palm 1550-1600N. Federal Commercial Property $27,250 $0 Plaza LLC Highway Plaza Improvement Rent Napi Dog 1406 N. Pet Reimbursement Grooming LLC Federal Grooming $50,000 $0 Highway Property Improvement Pending Approval July 11, 2023 Rent Hamarnah DDS 313 E. Reimbursement PLLC d/b/a Woolbright Dentistry $46,861 $0 Dentology Road Property Improvement Picnics in 466 N. Federal Specialty Rent $14,040 $0 Paradise LLC Highway Boutique Reimbursement New Business Tax Receipts issued in June 2023 within the CRA boundaries: Business Name AHTNA Marine & Construction Co. Business Address Business Type Business Services 444 W. Boynton Beach Blvd. FISCAL IMPACT: FY 2022-2023 Budget, Project Fund, Line Item 02-58400-444, $640,558 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan 687 CRA BOARD OPTIONS: No action needed at this time unless otherwise determined by the Board. 688 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 CRA PROJECTS IN PROGRESS AGENDA ITEM 15.13 SUBJECT: Social Media & Print Marketing Update SUMMARY: Throughout the month of June, a variety of social media and print marketing efforts were made to promote various BBCRA initiatives and projects, as well as, a variety of local businesses that operate within the BBCRA area. Social Media • BBCRA Project Posts: Promoted the opportunity to submit for the Request for Proposals (RFP) that were released for videography and graphic design services. Posts were also shared to promote the Rock the Plaza at One Boynton event and Heart of Boynton Village Apartments and Shops. • Business Promotional Posts: Utilized Instagram stories to promote various Father's Day specials that were offered by local businesses, as well as, businesses located within the One Boynton and Sunshine Square plazas. Individual posts were shared to promote a variety of businesses, such as: Tiki Taxi & Cruises, Avion Riverwalk, Splashdown Divers, Ace Hardware, Bailey's Blendz, and By Cycle. • Digital Marketing: A special campaign was run with Discover the Palm Beaches for their #LoveThePalm Beaches summer sweepstakes. Social media followers had the opportunity to win a 1 -night stay at the Boynton Beach Hampton Inn & Suites, 4 tickets to the Tiki Taxi & Cruises, and a $100 gift card to Banana Boat. Print Marketing • Coastal Angler • Coastal Star • Neighborhood News • Gateway Gazette See Attachment I for an overview of the social media, print, and digital marketing efforts that were published in June and Attachment II for a full listing of the Facebook and Instagram posts that were shared. 689 FISCAL IMPACT: FY 2022-2023 Budget, General Fund Line Item 01-57400-216 - $1,681 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required unless otherwise determined by the CRA Board. ATTACHMENTS: Description • Attachment I - June Social Media & Print Marketing Overview.pdf • Attachment II - Facebook & Instagram Posts 690 Q D w 75; I cn cn 0 LU mn 0 w CL K �, 11 A 1� CN II CN U) U) O CL z LU LU Cl) tv" cn U) 0 CL W z D m 1 a 0 LU 2 J Q U 0 cn W l "i MA "i cn F— LU z cn D 1 a 0 LU J Q H 0 a 0 Lo �/ % � ,mlo wwitwiur� i 41 , A jj�Y , rn LO ca Lo �/ % � ,mlo wwitwiur� i A LO ca "OFF/l/ 41 NO W J 0 Z Q J Q CJ) Q U Z w F - z CL D O O 2 IxO m 2 W Z W r- LLI Q C3 w C'3 Co ca m 0ti I IN, ,",j CD (D T- I A IJ 1:D q J d9.: K'y�: , � 4 -0 (3: ro W "A rrr ILI 1) MJ r 0 0 0 C, 0 0 C 0 ff) 9i a t. I; C d, kJ XM G'Y W) n om Y Ou 3 . D IV 0, 0d. 1 :3 k:.p 0 :D 10YN10N Levo %BEACH ��e�� uououuu �RA OII,�00�U'�h�1�' "!1 I COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: July 11, 2023 CRA PROJECTS IN PROGRESS AGENDA ITEM 15.0 SUBJECT: MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update SUMMARY: The MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi -Family Rental Apartment Project will provide 124 affordable multi -family rental units, as well as, 8,250 square feet of leasable commercial space (Attachments 1 -III). Since the last CRA Board meeting, the following progress has been made (see Attachment IV): East Building Centennial Management Corp. (CMC) is working on finishing the parapet walls and will start working on the Metal Roofing. Drywall, molding, tile and cabinets have been installed on the interior of the rental units. The windows, doors, electrical, plumbing, elevator, mechanical and fire sprinklers are also being installed in the building. North Building CMC is working on finishing the parapet walls and installing the metal roof. Drywall, molding, tile and cabinets have been installed on the interior of the rental units. The windows, doors, electrical, plumbing, elevator, mechanical and fire sprinklers are also being installed in the building. The building is being prepped for exterior painting. West Building CMC is working on the parapet wall and has installed the weatherproofing on the roof. Drywall is being installed and windows, doors, electrical, plumbing, mechanical and fire sprinklers are also being installed in the building. The CRA staff is continuing to coordinate with CMC on leasing the commercial spaces. The construction timeline estimates the Project will be completed in the Summer of 2023. Until completion, monthly project construction updates will be provided to the CRA Board. FISCAL IMPACT: Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $625,750 and Commercial/Retail Component $2,025,815 (commercial component); TIRFA $1,630,280 and $433,008.45 Second Development Agreement for the Residential Component. 703 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description • Attachment I - MLK Jr Blvd Project Site Plan - North • Attachment II - MLK Jr Blvd Project Site Plan - South • Attachment III - MLK Jr. Blvd. Mixed Use Development Project Renderings • Attachment IV - Construction Progress Photos 704 ee 3e �aa�a 9 nM � e �.9u D2u.Illd uv a ip d!�,o�M3H �d��ilw�O ❑ U 1 a f fc - — — — ------------------------------------- pfw ......... .... 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