R24-170 1 RESOLUTION NO. R24-170
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A REASONABLE ACCOMMODATION
5 AGREEMENT BETWEEN THE CITY AND RECREATE LIFE COUNSELING
6 SERVICES BH LLC FOR ADDITIONAL INPATIENT RESIDENTIAL SERVICES AT
7 THE PROPERTY, LICENSED BY THE AGENCY FOR HEALTH CARE
8 ADMINISTRATION ("AHCA"), TO PROVIDE NON-ADDICTION TREATMENT
9 SERVICES TO PERSONS WITH PRIMARY MENTAL HEALTH DISORDERS;
10 PROVIDING AN EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES.
11
12 WHEREAS, the City desires to enter into a Reasonable Accommodation Agreement with
13 Recreate Life Counseling Services BH LLC ("Applicant" or "RBHN"), with a place of business in the
14 City located at 205 Gulfstream Boulevard, Boynton Beach, FL 33435 (the "Property"); and
15 WHEREAS, RBHN is a DCF-licensed treatment facility for persons with substance use
16 disorder; and
17 WHEREAS, on April 28, 2020, the City approved via written agreement (the "2020
18 Agreement") with RBHN's predecessor, Recreate Behavioral Health Network, LLC ("Recreate Life"),
19 the use of the Property to provide residential care for ten (10) adult residents in 5 bedrooms as
20 part of their addiction recovery program (with a maximum of two residents per bedroom) at the
21 Property, which residency includes access to DCF-licensed "Residential Treatment" in the form of
22 onsite counseling, basic medical care, physical and massage therapy, some assistance with
23 activities of daily living, as well as transportation to any associated off-site service providers; and
24 WHEREAS, in 2022, Recreate sold the company and its assets to RBHN; and
25 WHEREAS, on November 14, 2022, the City approved the assignment of the 2020
26 Agreement the use of the Property to RBHN to continue to provide DCF-licensed residential care
27 for ten (10) adult residents; and
28 WHEREAS, the Property is zoned R-1-A, Single-family residential according to the City's
29 Official Zoning Map, and Type 1 Group Homes allowing up to a maximum of ten (10) residents,
30 as defined by the City's Land Development Regulations, are permitted uses within the subject
31 zoning district; and
32
33 WHEREAS, the City's Zoning Regulations do not allow residential treatment services
34 within a Type 1 group home in a residential zoning district and instead limit such uses primarily
35 to commercial zoning districts to congregate like uses and minimize impacts on single-family
36 neighborhoods; and
37 WHEREAS, unlike most residences,the Property is located at the perimeter of a residential
38 district accessible from a collector street and immediately abutting a C-1 Zoning District
39 developed with an office building that is currently used for delivering treatment services; and
40 WHEREAS, the dwelling on the Property was designed to comply with the Building and
41 Fire&Life Safety codes for an R-4 occupancy and a Residential Board and Care use,which includes
42 the necessary fire detection, alarm, and suppression improvements; and
43 WHEREAS, the Property has been consistently inspected by City staff on an annual basis
44 for compliance with all applicable codes, including inspection by City Fire Department personnel;
45 and
46 WHEREAS, RBHN desires to add additional inpatient residential services at the Property,
47 licensed by the Agency for Health Care Administration ("AHCA"), to provide non-addiction
48 treatment services to persons with primary mental health disorders; and
49 WHEREAS, the subject request has been confirmed to continue to be for the housing and
50 treatment of persons who qualify as disabled as defined by the Americans with Disabilities Act,
51 under the same terms and operational characteristics as approved by the 2022 Agreement, as
52 otherwise modified or amended herein; and
53 WHEREAS, City staff has reviewed the subject request and finds that due to the location
54 of the Property and its operational characteristics and continued use of the Property under the
55 same terms as the First RA, as modified herein, would not cause a fundamental alteration of the
56 City's operations and/or the City's zoning scheme, and is not anticipated to impose an undue
57 administrative and financial burden on the City; and
58 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in
59 the best interests of the citizens and residents of the City to approve a Reasonable
60 Accommodation Agreement between the City and Recreate Life Counseling Services BH LLC for
61 additional inpatient residential services at the Property, licensed by the Agency for Health Care
62 Administration ("AHCA"), to provide non-addiction treatment services to persons with primary
63 mental health disorders.
64
65 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
66 BEACH, FLORIDA, THAT:
67 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
68 being true and correct and are hereby made a specific part of this Resolution upon adoption.
69 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
70 approve a Reasonable Accommodation Agreement between Recreate Life Counseling Services BH
71 LLC and the City for additional inpatient residential services at the Property, licensed by the
72 Agency for Health Care Administration ("ANCA"), to provide non-addiction treatment services to
73 persons with primary mental health disorders. (the "Agreement"), in form and substance similar
74 to that attached as "Exhibit A."
75 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
76 authorizes the Mayor to execute the Agreement and such other related documents as may be
77 necessary to accomplish the purpose of this Resolution.
78 SECTION 4. The City Clerk shall retain one fully-executed original of the Agreement as
79 a public record of the City. A copy of the fully executed Agreement shall be provided to Rismerling
80 Gomez to forward to the Applicant.
81 SECTION 5. This Resolution shall take effect in accordance with law.
82
83 [signatures on the following page]
84
85
86
87
88
89
90 PASSED AND ADOPTED this day of 1�$ 2024.
91 CITY OF BOYNTON BEACH, FLORIDA
92 YES NO
93 Mayor-Ty Penserga
94 ✓
95 Vice Mayor-Aimee Kelley
96 •�
97 Commissioner-Angela Cruz
98 .�
99 Commissioner-Woodrow L. Hay
100
101 Commissioner-Thomas Turkin
102
103 VOTE
104 ATTEST
105
106
107 Maylee De r •�.�:�
MPA, M Ty P-s if
108 City Clerk Mayor
109
110 APPROVED AS TO FORM:
111 (Corporate Seal)
112 �y�� Wania
113 tul//i�
114 Shawna G. Lamb
115 City Attorney
REASONABLE ACCOMMODATION AGREEMENT
This Reasonable Accommodation Agreement ("Agreement") has been executed on this
day of August 2024 by and between the City of Boynton Beach ("City"),with a mailing address
of 100 E Ocean Ave, Boynton Beach, FL 33435, and Recreate Life Counseling Services BH LLC
("Applicant" or"RBHN"),with a place of business in the City located at 205 Gulfstream Boulevard,
Boynton Beach, FL 33435 (the "Property").
WHEREAS, RBHN is a DCF-licensed treatment facility for persons with substance use
disorder; and
WHEREAS, on April 28, 2020, the City approved via written agreement (the "2020
Agreement") with RBHN's predecessor, Recreate Behavioral Health Network, LLC ("Recreate
Life"), the use of the Property to provide residential care for ten (10) adult residents in 5
bedrooms as part of their addiction recovery program (with a maximum of two residents per
bedroom) at the Property, which residency includes access to DCF-licensed "Residential
Treatment" in the form of onsite counseling, basic medical care, physical and massage therapy,
some assistance with activities of daily living, as well as transportation to any associated off-site
service providers; and
WHEREAS, in 2022, Recreate sold the company and its assets to RBHN; and
WHEREAS, on November 14, 2022, the City approved the assignment of the 2020
Agreement the use of the Property to RBHN to continue to provide DCF-licensed residential care
for ten (10) adult residents, a copy of which is attached hereto as Exhibit "1" (the "2022
Agreement"); and
WHEREAS, the Property is zoned R-1-A, Single-family residential according to the City's
Official Zoning Map, and Type 1 Group Homes allowing up to a maximum of ten (10) residents,
as defined by the City's Land Development Regulations, are permitted uses within the subject
zoning district; and
WHEREAS, the City's Zoning Regulations do not allow residential treatment services
within a Type 1 group home in a residential zoning district and instead limit such uses primarily
to commercial zoning districts to congregate like uses and minimize impacts on single-family
neighborhoods; and
WHEREAS, unlike most residences, the Property is located at the perimeter of a
residential district accessible from a collector street and immediately abutting a C-1 Zoning
District developed with an office building that is currently used for delivering treatment services;
and
WHEREAS, the dwelling on the Property was designed to comply with the Building and
Fire & Life Safety codes for an R-4 occupancy and a Residential Board and Care use, which
includes the necessary fire detection, alarm, and suppression improvements; and
Page 1 of 10
WHEREAS, the Property has been consistently inspected by City staff on an annual basis
for compliance with all applicable codes, including inspection by City Fire Department personnel;
and
WHEREAS, RBHN desires to add additional inpatient residential services at the Property,
licensed by the Agency for Health Care Administration ("AHCA"), to provide non-addiction
treatment services to persons with primary mental health disorders; and
WHEREAS, the subject request has been confirmed to continue to be for the housing and
treatment of persons who qualify as disabled as defined by the Americans with Disabilities Act,
under the same terms and operational characteristics as approved by the 2022 Agreement, as
otherwise modified or amended herein; and
WHEREAS, City staff has reviewed the subject request and finds that due to the location
of the Property and its operational characteristics and continued use of the Property under the
same terms as the First RA, as modified herein, would not cause a fundamental alteration of the
City's operations and/or the City's zoning scheme, and is not anticipated to impose an undue
administrative and financial burden on the City.
NOW, THEREFORE, for just and reasonable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. Recitals. The above-referenced Recitals are hereby incorporated as if fully set
forth herein.
2. Grant of Assignment of Reasonable Accommodation. The City hereby grants
the reasonable accommodation to RBHN, allowing for the continued use of the Property to
provide housing and treatment services for ten (10) residents, two per bedroom at the Property,
conditioned upon Applicant providing a copy of its DCF licensure and/or AHCA licensure to the
City identifying "Recreate Life Counseling Services BH LLC" as the licensee authorized to provide
Residential Treatment services at the Property to no more than ten (10) residents.
3. Compliant Status with all Local and State Licensing, Certifying, and Accrediting
Agencies and Entities. The Applicant shall obtain and/or maintain all applicable local and state
approvals/licenses, including accreditations for business operations. The City agrees to timely
execute all required documents requested by the Applicant in order to obtain approvals and
licensure from all local, county,state, and federal agencies to implement the DCF-licensed and/or
AHCA-licensed Residential Treatment services at the Property.
4. Property Regulations. The Applicant agrees to adhere to the following use and
operational requirements:
a. Such home must continue to operate in compliance with the City's Land Development
and Zoning Regulations applicable to a Type I Group Home, namely that must maintain
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compliance with applicable intensity and lot standards including the maximum
persons per home and bedroom.
b. The home will not be expanded without an amendment to this Agreement following
a review for necessity to deliver housing and services to this disabled group of
residents.
c. Petitioner/Applicant shall maintain in good standing, as applicable by law, all licenses,
permits and certifications required to operate a DCF-licensed Residential Treatment
program as defined by Chapter 397, Florida Statutes, and more specifically, Rule 65D-
30.007, FAC, and/or an AHCA-licensed Residential Treatment Program as defined by
Chapter 394, Florida Statues, and as more specifically regulated pursuant to Rule 65E-
4.016, FAC, at the Property.
d. Applicant agrees to abide by any and all requirements from local, state, and federal
officials regarding prevention of the spread of communicable disease.
e. Residents on the Property shall only be clients of the Applicant who have been
formally screened and processed and who are actively participating in the treatment
program, including refraining from consuming drugs and/or alcohol.
f. Any resident of the property shall have the physical and mental ability to provide
themselves with daily living needs as well as the ability to independently exit the
property in the event of an emergency requiring evacuation.
g. Only DCF-licensed Residential Treatment and/or AHCA-licensed Residential
Treatment and ancillary services for only residents of the Property, including but not
limited to the on-site storage and distribution of resident medication and the onsite
collection and testing of urine samples for toxicology screening, are approved for the
Applicant at the Property. All other licensable services, including Detoxification and
any form of outpatient services, are not permitted.
h. Vehicles parked on the Property temporarily or overnight shall not exceed the paved
parking surfaces.
i. Vehicles used to transport residents shall not be kept or stored on the Property except
for those vehicles owned or operated and used on a daily basis by the Applicant's
staff.
j. Drivers of transport vehicles shall refrain from using the vehicle horn to notify
residents of the presence of the transport vehicle but will communicate with residents
through other non-neighborhood disturbing communication methods.
k. Operational policies for the home must include procedures to guide the reaction to
residents who choose to leave the premises without proper discharge from the
program and arranged transportation.
I. Applicant will immediately notify the Boynton Beach Police Department if a
resident/client exits the property without formal discharge and scheduled
transportation by the Applicant if, for any reason, the Applicant believes the person
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is unstable and/or under the influence of alcohol or drugs, and is,therefore, a possible
risk to his own health or to the general public.
m. The home shall be maintained in a manner that maximizes resident safety by
conducting annual inspections by the City's Fire Department and the County Health
Department and such other inspections required by all state and county regulations,
as applicable. The failure of the Petitioner/Applicant to correct any deficiency found
after notice and a reasonable time to cure shall be deemed a violation of this
Agreement and subject the Property to revocation of approval as set forth in Section
10 below.
n. The bedrooms within the Property shall not be improved by the construction of
kitchens (of any size) and/or appliances installed for food storage, preparation, or
warming. All food preparation shall occur within the approved location(s) provided
for on the approved building plans and as otherwise approved by the Palm Beach
County Health Department.
o. The operational policies for the houses shall include a method to receive and consider
complaints by the City and neighbors, including maintaining an activity log of
complaints and actions, and such log shall be available for viewing upon request by
the City.
p. The Property shall be maintained in a neat, clean, and manicured manner, including
regular trimming of landscaping materials, trees, and sodded areas, cleaning of
driveway and walkway surfaces, weeding of planted beds, and keeping the property
free of debris.
5. Limited Use of Property. The Applicant will not pursue any subsequent
expansion of the operation beyond what is stated in this Agreement unless approved through a
subsequent request for Reasonable Accommodation, and no other individual, business, or
entity is permitted to reside on the Property or conduct any business on the subject Property
while Applicant occupies the premises.
6. Required Parking. Applicant acknowledges that the Land Development
Regulations of the City require a minimum of one (1) parking space per bedroom for each
dwelling unit, and Applicant agrees not to make any modifications to the Property that would
reduce the number of required spaces, including those provided within any garages on the
property.
7. Renewal of Agreement. Applicant agrees to file annually to renew the
approval for Reasonable Accommodation, which requires the submittal of a new/updated
application stating current operational status and continued justification that the subject use
provides services to persons who are disabled as defined by the Americans with Disabilities Act
(ADA). The renewal application described in this section shall be in the form of an affidavit that
represents conformance with all requirements of this agreement, including a notarized
statement by an authorized individual indicating all current employees working for the applicant
at the Property and confirming that the number of residents on the Property does not exceed
Page 4 of 10
the number of residents set forth in this agreement. Submittal of the renewal application shall
be timed with the City's process for annually renewing the Business Tax Receipt and Certificate
of Use, and late submittal and approval of the agreement will subject the use to the penalty
applied by the City's Business Tax and Certificate of Use approval process.
8. Denial of Renewal. Applicant agrees that depending upon the severity of a
violation of any outside agency or City requirement, policy, regulation or standard, said violation
may be justification for the denial of a renewed Agreement for Reasonable Accommodation.
9. Code Compliance.
a. Should there be any allegation that the conditions of this Agreement or any
ordinance of the City have been violated by Applicant, and as a mandatory
condition precedent to the commencement of any formal code enforcement,
administrative or legal proceedings by the City, the City shall first provide written
notice to Applicant of any credible and verified code enforcement issue or
question, within ten (10) business days of the occurrence of such allegation.
Applicant shall be provided with oral or written notice of any alleged violation of
this approval or any law, with a written copy sent via electronic mail (e-mail)
and/or certified mail, return receipt requested, to Applicant at the following
address: Recreate Life Counseling Services BH LLC, 270 Sylvan Avenue, Suite 2260,
Englewood Cliffs, NJ 07632, Attn: Avi Philipson, Manager.
b. As required by law, the City will maintain a register of all calls/complaints alleging
violation of any law, rule, or regulation at the Property as a public record governed
by Chapter 119, Florida Statutes.
c. Upon receipt of an alleged violation from the City by Applicant, Applicant may
respond, orally or in writing, within ten (10) business days of the date the notice
was received from the City of its intent to cure the alleged violation. In all
instances, Applicant shall be provided a reasonable time to cure the alleged
violation before any formal action is undertaken by the City. The determination as
to "reasonable time" shall be at the sole and exclusive discretion of the City.
d. Applicant's response, if in writing, shall be furnished to the City by e-mail and/or
regular U.S. mail to the City personnel who initiated the notice, with a copy to the
City Attorney's Office.
e. If, after being advised of the alleged violation, Applicant disputes the alleged
violation or non-compliance with this Agreement or law or does not offer to cure
the non-compliance, Applicant or City may demand a face-to-face meeting in an
attempt to resolve the alleged violation or non-compliance. The face-to-face
meeting shall occur within ten (10) business days from service of the demand
Page 5 of 10
unless extended by agreement of the parties. In all instances,the City Attorney or
designee shall be present at all such meetings.
f. In the event that the parties do not resolve the alleged violation non-compliance
in the face-to-face meeting, the parties may then seek any and all available relief,
including Community Standards code violation proceedings, before the City's
magistrate and legal and/or equitable action in a court of competent jurisdiction.
g. In the event of an emergency(defined as a situation where imminent danger exists
to residents or the Property),the City may immediately take all reasonable actions
necessary to mitigate or abate such emergency without prior notice given,and the
City will thereafter promptly serve written notice to Applicant of the emergency,
all actions taken by the City and the reasons that such actions were reasonable
and necessary.
h. Nothing in this Agreement or otherwise shall limit the nature of the relief sought
by the parties for a breach of the obligations contained herein.
10. Grounds for Revocation. The City may revoke the approval for Reasonable
Accommodation at any time based on one or more of the following justifications:
a. Failure to maintain current annual approvals required by any state agency or the
City, including but not limited to a local Business Tax Receipt and Certificate of
Use.
b. Any violation of local, State, or Federal laws, rules, or regulations.
c. Unreasonably refuse entry onto the Property upon request by a police or
community standards officer upon demonstration that probable cause exists to
believe that a violation of this Agreement has occurred, is occurring, or exists.
Access would only be expected following reasonable notice to the Applicant to
ensure compliance with the required privacy of residents.
d. Failure to comply with this Agreement.
The City shall provide Applicant with notice and a reasonable time to cure before revoking the
approval.
11. Binding Effect. This Agreement shall be binding on Applicant, the City, and their
respective elective and appointed officers, officials, agents, employees, owners, contractors, and
operators. All terms and conditions set forth herein shall be binding upon Applicant's successors
in interest.
12. Additional Waivers by Applicant. As partial consideration for entry into this
Agreement granting reasonable accommodation, Applicant, on behalf of itself and its affiliates;
subsidiaries;officers;directors;employees; agents;Applicant's principals and any entities owned
Page 6 of 10
or controlled by the Applicant's principals; and any and all other legally-affiliated entities, hereby
knowingly, willingly, voluntarily, and with the assistance and advice of legal counsel as to the
terms and conditions of this Agreement and this waiver, hereby waives any and all rights, claims,
demands, objections, and/or causes of action, as to the use of the Property, such use including,
but not limited to, the number of residents within the Property as approved pursuant to this
Agreement. Applicant hereby acknowledges and agrees to the inclusion of this voluntary waiver
in this Agreement.
13. City Property. Nothing herein shall be construed to grant Applicant any rights to
any other Property in the City other than the Property described herein.
14. Indemnification. Applicant agrees to indemnify and hold the City, its agents,
elected officials, attorneys, and employees harmless from and against any and all claims,
damages, costs, and/or expenses, including attorney's fees, arising out of Applicant's
performance, or failure to perform, any of the promises, services, or functions required by this
Agreement.
Applicant shall indemnify and save harmless and defend the City, its trustees, elected and
appointed officials, attorneys, agents, servants, and employees from and against any and all
claims, demands, or causes of action of whatsoever kind or nature sustained by the City or any
other individual or entity arising out of, by reason of, or resulting from acts, errors, omissions, or
negligent acts of Applicant; its affiliates; subsidiaries; officers; directors; employees; agents;
Applicant's principals and any entities owned or controlled by the Applicant's principals; and any
and all other legally-affiliated entities, for any and all costs, losses, and expenses, including but
not limited to, damages to persons or third party Property;judgments; and attorney's fees arising
out of or in connection with Applicant's use of the Property, services provided at the Property,
activities conducted at the Property, and/or this Agreement.
15. Third-Party Beneficiaries. There shall not be any third-party beneficiaries to this
Agreement, and the only parties with standing to enforce the terms of this Agreement shall be
the Applicant, the City, and their legal successors-in interest and assignees.
16. Governing Law, Jurisdiction, and Venue. This Agreement has been executed and
delivered in and shall be interpreted, construed, and enforced pursuant to and in accordance
with the laws of the State of Florida. Applicant represents and agrees that it is familiar with all
laws, ordinances, and regulations applicable to the services to be furnished under the
Agreement.The Agreement shall be governed in all respects,whether as to validity, construction,
capacity, performance, or otherwise, by the laws of the State of Florida. Venue for any action
arising from or related to the Agreement shall be brought in a court of competent jurisdiction in
Palm Beach County, Florida.
17. Assignment. The parties may assign their rights and obligations under this
Agreement to any successor entity,to a wholly owned subsidiary,to any entity in which the party
has an ownership interest, or to an entity which acquires substantially all of its assets. The
Page 7 of 10
Applicant shall provide written notice to the City Attorney of such a transfer of interests within
thirty (30) days of such sale, assignment, or transfer, it being acknowledged and understood that
any sale, assignment, or transfer shall require a new license be obtained from the State and the
evaluation of whether or not the transferee may be granted a Reasonable Accommodation by
the City.
18. Waiver. Failure of a party to insist upon strict performance of a provision or
condition of this Agreement or to execute any right contained in this Agreement shall not be
construed as a waiver or relinquishment for the future of any such provision, condition, or right,
but the same shall remain in full force and effect.
19. Enforcement of Agreement. Nothing herein shall otherwise be construed to limit
a party's ability to exercise all judicial or administrative remedies available to it. Any section of
this Agreement which could be construed to limit or eliminate a party's liability or access to the
remedies available at law or in equity shall have no application. Venue for this Agreement lies in
Palm Beach County, Florida. The City is a political subdivision of the State of Florida and enjoys
sovereign immunity. Nothing herein shall be construed or interpreted to waive or modify the
immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be
amended from time to time, or any successor statute thereof. To the contrary, all terms and
provisions contained in the Agreement, or any disagreement or dispute, shall be construed or
resolved to insure the City of the limitation from liability provided to the State's subdivisions by
state law. Should either party be required to seek judicial intervention to enforce the terms of
this Agreement, the prevailing party shall be entitled to an award of all reasonable attorneys'
fees and costs, including any administrative, trial-level, appellate, or post-judgment proceedings.
20. Resolution of All Matters/Release. Applicant hereby agrees to release and
discharges the City from and against any and all claims, causes of action, and liabilities of
whatsoever kind Applicant may have had or may have as of the date of execution of this
Agreement against the City relating to or arising out of its application to operate a group home.
21. Counterparts. This Agreement may be executed in two (2) or more counterparts,
each of which together shall be deemed an original, but all of which together shall constitute one
and the same instrument. In the event that any signature is delivered by facsimile transmission
or by e-mail delivery of a .PDF format data file, such signature shall create a valid and binding
obligation of the party executing (or on whose behalf such signature is executed) with the same
force and effect as if such facsimile or .PDF signature page were an original thereof.
Page 8 of 10
IN WITNESS WHEREOF, the Parties have signed this Agreement on the date(s) set forth
below.
ATTEST: CITY OF BOYNTON BEACH
`. i II By: ir. . 41111111."
Mayl- - .- Jesus, MPA, MC, City Clerk Ty ' :ergs, Mayor
O
F.• BOYNT ‘`‘
Approved as to form: ; i: .d cR.9i'
i0/ F 1
C„ „�ja.6,6 �� 1RPDRgTED:• i!� • 920
Shawna G. Lamb, City Attorney ,``.`��RIDA r
Page 9 of 10
WITNESSES APPLICANT
fi* () Ajitr—
U✓ By:
oel Wishnia Recreate Life Counseling Services BH, LLC
(print name)
#/4/
John Emory
(print name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 17th day of July 2024, by
Jesse Reuter, in capacity as CEO of Recreate Life Counseling Services, LLC.
•1 Il.
NOTARY PUBLIC I
X Personally Known OR
Notary Public State of Florida I
Produced Identification �O David B. D'Agosta
( MHH220968on
Exp.516/2026
Type of Identification Produced
Page 10 of 10
REASONABLE ACCOMMODATION AGREEMENT
This Reasonable Accommodation Agreement ("Agreement") has been executed on this
14 day of November, 2022, by and between the City of Boynton Beach ("City"), with a mailing
address of 3301 Quantum Boulevard, Suite #1, Boynton Beach, FL 33426, and Recreate Life
Counseling Services BH LLC ("Applicant"), with a place of business in the City located at 205
Gulfstream Boulevard, Boynton Beach, FL 33435 (the "Property").
WHEREAS, Recreate Life Counseling Services, LLC, ("Recreate") is a DCF-licensed
treatment facility for persons with substance use disorder; and
WHEREAS, on April 28, 2020, the City approved the use of the Property to provide
residential care for 10 adult residents in 5 bedrooms as part of their addiction recovery program
(with a maximum of two residents per bedroom)at the Property,which residency includes access
to DCF-licensed "Residential Treatment" in the form of onsite counseling, basic medical care,
physical and massage therapy, some assistance with activities of daily living, as well as
transportation to any associated off-site service providers; and
WHEREAS, the Property is zoned R-1-A, Single-family residential according to the City's
Official Zoning Map, and Type 1 Group Homes allowing up to a maximum 10 residents,as defined
by the City's Land Development Regulations, are permitted uses within the subject zoning
district; and
WHEREAS, the City's Zoning Regulations do not allow residential treatment services
within a Type 1 group home in a residential zoning district, and instead limit such uses primarily
to commercial zoning districts to congregate like uses and minimize impacts on single-family
neighborhoods; and
WHEREAS, unlike most residences, the Property is located at the perimeter of a
residential district accessible from a collector street and immediately abutting a C-1 Zoning
District developed with an office building that is currently used for delivering treatment services;
and
WHEREAS, the dwelling on the Property was designed to comply with the Building and
Fire & Life Safety codes for an R-4 occupancy and a Residential Board and Care use, which
includes the necessary fire detection, alarm and suppression improvements; and
WHEREAS, Recreate sought, and the City approved, a reasonable accommodation from
the Zoning Regulations to allow for the establishment of the inpatient residential treatment
program at the Property, as set forth within that "Reasonable Accommodation Agreement"
between the City and Recreate dated April 28, 2020, a true and correct copy of which is attached
hereto and incorporated as if fully set forth herein, as Exhibit "1" (the "First RA"); and
(0D539133.1306.9001821} Page 1 of 10
WHEREAS, the Property has been consistently inspected by City staff on an annual basis
for compliance with all applicable codes including inspection by City Fire Department personnel;
and
WHEREAS, Recreate is currently under contract to sell all of its assets to Recreate Life
Counseling Services BH LLC; and
WHEREAS, the First RA authorized Recreate to sell, transfer and assign its interests to a
third party, including the rights and obligations under the First RA agreement, upon notification
provided to the City and subsequent approval by the City of a new agreement; and
WHEREAS, the subject request has been confirmed to continue to be for the housing and
treatment of persons who qualify as disabled as defined by the Americans with Disabilities Act,
under the same terms and operational characteristics as approved by the First RA, as otherwise
modified or amended herein; and
WHEREAS, City staff has reviewed the subject request and finds that due to the location
of the Property and its operational characteristics and continued use of the Property under the
same terms as the First RA, as modified herein, would not cause a fundamental alteration of the
City's operations and/or the City's zoning scheme, and is not anticipated to impose an undue
administrative and financial burden on the City.
NOW, THEREFORE, for just and reasonable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. Recitals. The above-referenced Recitals are hereby incorporated as if fully set
forth herein.
2. Grant of Assignment of Reasonable Accommodation. The City hereby grants
the assignment of the reasonable accommodation from Recreate to the Applicant, allowing for
the continued use of the Property to provide housing and treatment services for ten (10)
residents, two per bedroom at the Property, conditioned upon Applicant providing a copy of its
DCF licensure to the City identifying "Recreate Life Counseling Services BH LLC" as the licensee
authorized to provide Residential Treatment services at the Property to no more than ten (10)
residents. The existing approval in favor of Recreate shall remain active only as to Recreate and
shall not transfer to Applicant until said licensure is provided to the City.
3. Compliant Status with all Local and State Licensing, Certifying and Accrediting
Agencies and Entities. The Applicant shall obtain and/or maintain all applicable local and state
approvals/licenses, including accreditations for business operation. The City agrees to timely
execute all required documents requested by the Applicant in order to obtain approvals and
licensure from all local, county, state, and federal agencies to implement the DCF-licensed
Residential Treatment services at the Property.
(0053913113059001821( Page 2 of 10
4. Property Regulations. The Applicant agrees to adhere to the following use and
operational requirements:
a. Such home must continue to operate in compliance with the City's Land Development
and Zoning Regulations applicable to a Type I Group Home, namely that must maintain
compliance with applicable intensity and lot standards including the maximum
persons per home and bedroom.
b. The home will not be expanded without an amendment to this Agreement following
a review for necessity to deliver housing and services to this disabled group of
residents.
c. Petitioner/Applicant shall maintain in good standing, as applicable by law, all licenses,
permits and certifications required to operate a DCF-licensed Residential Treatment
program as defined by Chapter 397, Florida Statutes, and more specifically, Rule 65D-
30.007, FAC, at the Property.
d. Applicant agrees to abide by any and all requirements from local, state, and federal
officials regarding prevention of the spread of communicable disease.
e. Residents on the Property shall only be clients of the Applicant, who have been
formally screened and processed, and who are actively participating in the treatment
program including refraining from consuming drugs and/or alcohol.
f. Any resident of the property shall have the physical and mental ability to provide
themselves with daily living needs as well as the ability to independently exit the
property in the event of an emergency requiring evacuation.
g. Only DCF-licensed Residential Treatment and ancillary services for only residents of
the Property, including but not limited to the on-site storage and distribution of
resident medication and the onsite collection and testing of urine samples for
toxicology screening are approved for the Applicant at the Property. All other
licensable services including Detoxification and any form of outpatient services are
not permitted.
h. Vehicles parked on the Property temporarily, or overnight shall not exceed the paved
parking surfaces.
i. Vehicles used to transport residents shall not be kept or stored on the Property except
for those vehicles owned or operated, and used on a daily basis by, the Applicant's
staff.
j. Drivers of transport vehicles shall refrain from using the vehicle horn to notify
residents of the presence of the transport vehicle, but will communicate with
residents through other non-neighborhood disturbing communication methods.
k. Operational policies for the home must include procedures to guide the reaction to
residents who choose to leave the premises without proper discharge from the
program and arranged transportation.
(00539133.13069001821) Page 3 of 10
I. Applicant will immediately notify the Boynton Beach Police Department if a
resident/client exits the property without formal discharge and scheduled
transportation by the Applicant if for any reason the Applicant believes the person is
unstable and/or under the influence of alcohol or drugs, and is therefore a possible
risk to his own health or to the general public.
m. The home shall be maintained in a manner that maximizes resident safety by
conducting annual inspections by the City's Fire Department and the County Health
Department, and such other inspections required of all state and county regulations,
as applicable. The failure of the Petitioner/Applicant to correct any deficiency found
after notice and a reasonable time to cure shall be deemed a violation of this
Agreement and subject the Property to revocation of approval as set forth in Section
10 below.
n. The bedrooms within Property shall not be improved by construction of kitchens (of
any size) and/or appliances installed for food storage, preparation or warming. All
food preparation shall occur within the approved location(s) provided for on the
approved building plans and as otherwise approved by the Palm Beach County Health
Department.
o. The operational policies for the houses shall include a method to receive and consider
complaints by the City and neighbors, including maintaining an activity log of
complaints and actions, and such log shall be available for viewing upon request by
the City.
p. The Property shall be maintained in a neat, clean, and manicured manner including
regular trimming of landscaping materials, trees, and sodded areas, cleaning of
driveway and walkway surfaces, weeding of planted beds and keeping property free
of debris.
5. Limited Use of Property. The Applicant will not pursue any subsequent
expansion of the operation beyond what is stated in this Agreement unless approved through a
subsequent request for Reasonable Accommodation, and no other individual, business, or
entity is permitted to reside on the Property, or conduct any business on the subject Property
while Applicant occupies the premises.
6. Required Parking. Applicant acknowledges that the Land Development
Regulations of the City requires a minimum of one (1) parking space per bedroom for each
dwelling-unit, and Applicant agrees not to make any modifications to the Property that would
reduce the number of required spaces including those provided within any garages on the
property.
7. Renewal of Agreement. Applicant agrees to file annually to renew the
approval for Reasonable Accommodation, which requires submittal of a new/updated
application stating current operational status and continued justification that the subject use
provides services to persons who are disabled as defined by the Americans with Disabilities Act
(ADA). The renewal application described in this section shall be in the form of an affidavit that
(00539133.1 306-9001921( Page 4 of 10
represents conformance with all requirements of this agreement, including a notarized
statement by an authorized individual indicating all current employees working for the applicant
at the Property, and confirming that the number of residents on the Property do not exceed the
number of residents set forth in this agreement. Submittal of the renewal application shall be
timed with the City's process for annually renewing the Business Tax Receipt and Certificate of
Use, and late submittal and approval of the agreement will subject the use to the penalty applied
by the City's Business Tax and Certificate of Use approval process.
8. Denial of Renewal. Applicant agrees that depending upon the severity of a
violation of any outside agency or City requirement, policy, regulation or standard, said violation
may be justification for the denial of a renewed Agreement for Reasonable Accommodation.
9. Code Compliance.
a. Should there be any allegation that the conditions of this Agreement or any
ordinance of the City have been violated by Applicant, and as a mandatory
condition precedent to the commencement of any formal code enforcement,
administrative or legal proceedings by the City, the City shall first provide written
notice to Applicant of any credible and verified code enforcement issue or
question, within ten (10) business days of the occurrence of such allegation.
Applicant shall be provided with oral or written notice of any alleged violation of
this approval or any law, with a written copy sent via electronic mail (e-mail)
and/or certified mail, return receipt requested, to Applicant at the following
address: Recreate Life Counseling Services BH LLC, 270 Sylvan Avenue, Suite 2260,
Englewood Cliffs, NJ 07632, Attn: Avi Philipson, Manager.
b. As required by law, the City will maintain a register of all calls/complaints alleging
violation of any law, rule or regulation at the Property, as a public record governed
by Chapter 119, Florida Statutes.
c. Upon receipt of an alleged violation from the City by Applicant, Applicant may
respond, orally or in writing, within ten (10) business days of the date the notice
was received from the City of its intent to cure the alleged violation. In all
instances, Applicant shall be provided a reasonable time to cure the alleged
violation before any formal action is undertaken by the City.The determination as
to "reasonable time" shall be in the sole and exclusive discretion of the City.
d. Applicant's response, if in writing, shall be furnished to the City by e-mail and/or
regular U.S. mail to the City personnel who initiated the notice, with a copy to the
City Attorney's Office.
e. If, after being advised of the alleged violation, Applicant disputes the alleged
violation or non-compliance with this Agreement or law, or does not offer to cure
the non-compliance, Applicant or City may demand a face-to-face meeting in an
(00539133.1 306.9001921} Page 5 of 10
attempt to resolve the alleged violation or non-compliance. The face-to-face
meeting shall occur within ten (10) business days from service of the demand,
unless extended by agreement of the parties. In all instances,the City Attorney or
designee shall be present at all such meetings.
f. In the event that the parties do not resolve the alleged violation non-compliance
in the face-to-face meeting, the parties may then seek any and all available relief
including Community Standards code violation proceedings before the City's
magistrate and legal and/or equitable action in a court of competent jurisdiction.
g. In the event of an emergency(defined as a situation where imminent danger exists
to residents or the Property),the City may immediately take all reasonable actions
necessary to mitigate or abate such emergency without prior notice given,and the
City will thereafter promptly serve written notice to Applicant of the emergency,
all actions taken by the City and the reasons that such actions were reasonable
and necessary.
h. Nothing in this Agreement or otherwise shall limit the nature of the relief sought
by the parties for a breach of the obligations contained herein.
10. Grounds for Revocation. The City may revoke the approval for Reasonable
Accommodation at any time, based on one or more of the following justifications:
a. Failure to maintain current annual approvals required by any state agency or the
City, including but not limited to a local Business Tax Receipt and Certificate of
Use.
b. Any violation of local, State, or Federal laws, rules, or regulations.
c. Unreasonably refuse entry onto the Property upon request by a police or
community standards officer upon demonstration that probable cause exists to
believe that a violation of this Agreement has occurred, is occurring, or exists.
Access would only be expected following reasonable notice to the Applicant to
ensure compliance with the required privacy of residents.
d. Failure to comply with this Agreement.
The City shall provide Applicant with notice and a reasonable time to cure before revoking the
approval.
11. Binding Effect. This Agreement shall be binding on Applicant, the City, and their
respective elective and appointed officers, officials, agents, employees, owners, contractors and
operators. All terms and conditions set forth herein shall be binding upon Applicant's successors
in interest.
(00539133,13069001621) Page 6 of 10
12. Additional Waivers by Applicant. As partial consideration for entry into this
Agreement granting reasonable accommodation, Applicant, on behalf of itself and its affiliates;
subsidiaries; officers; directors; employees; agents; Applicant's principals and any entities owned
or controlled by the Applicant's principals; and any and all other legally-affiliated entities, hereby
knowingly, willingly, voluntarily, and with the assistance and advice of legal counsel as to the
terms and conditions of this Agreement and this waiver, hereby waives any and all rights, claims,
demands, objections, and/or causes of action, as to the use of the Property, such use including,
but not limited to, the number of residents within the Property as approved pursuant to this
Agreement. Applicant hereby acknowledges and agrees to the inclusion of this voluntary waiver
in this Agreement.
13. City Property. Nothing herein shall be construed to grant Applicant any rights to
any other Property in the City other than the Property described herein.
14. Indemnification. Applicant agrees to indemnify and hold the City, its agents,
elected officials, attorneys, and employees, harmless from and against any and all claims,
damages, costs and/or expenses, including attorney's fees, arising out of Applicant's
performance, or failure to perform, any of the promises, services, or functions required by this
Agreement.
Applicant shall indemnify and save harmless and defend the City; its trustees; elected and
appointed officials; attorneys; agents; servants; and employees from and against any and all
claims, demands, or causes of action of whatsoever kind or nature sustained by the City or any
other individual or entity arising out of, by reason of, or resulting from acts, errors, omissions, or
negligent acts of Applicant; its affiliates; subsidiaries; officers; directors; employees; agents;
Applicant's principals and any entities owned or controlled by the Applicant's principals; and any
and all other legally-affiliated entities, for any and all costs, losses, and expenses, including but
not limited to,damages to persons or third party Property;judgments; and attorney's fees arising
out of or in connection with Applicant's use of the Property, services provided at the Property,
activities conducted at the Property, and/or this Agreement.
15. Third-Party Beneficiaries. There shall not be any third-party beneficiaries to this
Agreement and the only parties with standing to enforce the terms of this Agreement shall be
the Applicant, the City, and their legal successors-in interest and assignees.
16. Governing Law, Jurisdiction, and Venue. This Agreement has been executed and
delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance
with the laws of the State of Florida. Applicant represents and agrees that it is familiar with all
laws, ordinances, and regulations applicable to the services to be furnished under the
Agreement,The Agreement shall be governed in all respects,whether as to validity, construction,
capacity, performance, or otherwise by the laws of the State of Florida. Venue for any action
arising from or related to the Agreement shall be brought in a court of competent jurisdiction in
Palm Beach County, Florida.
(00539133.1306-9001921} Page 7 of 10
17. Assignment. The parties may assign their rights and obligations under this
Agreement to any successor entity, to a wholly owned subsidiary,to any entity in which the party
has an ownership interest, or to an entity which acquires substantially all of its assets. The
Applicant shall provide written notice to the City Attorney of such a transfer of interests within
thirty (30) days of such sale, assignment or transfer, it being acknowledged and understood that
any sale, assignment or transfer shall require a new license be obtained from the State, and the
evaluation of whether or not the transferee may be granted a Reasonable Accommodation by
the City.
18. Waiver. Failure of a party to insist upon strict performance of a provision or
condition of this Agreement, or to execute any right contained in this Agreement, shall not be
construed as a waiver or relinquishment for the future of any such provision, condition, or right,
but the same shall remain in full force and effect.
19. Enforcement of Agreement. Nothing herein shall otherwise be construed to limit
a party's ability to exercise all judicial or administrative remedies available to it. Any section of
this Agreement which could be construed to limit or eliminate a party's liability or access to the
remedies available at law or in equity shall have no application. Venue for this Agreement lies in
Palm Beach County, Florida. The City is a political subdivision of the State of Florida and enjoys
sovereign immunity. Nothing herein shall be construed or interpreted, to waive or modify the
immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be
amended from time to time, or any successor statute thereof. To the contrary, all terms and
provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be
construed or resolved so as to insure City of the limitation from liability provided to the State's
subdivisions by state law. Should either party be required to seek judicial intervention to enforce
the terms of this Agreement, the prevailing party shall be entitled to an award of all reasonable
attorneys' fees and costs, including any administrative, trial-level, appellate, or post-judgment
proceedings.
20. Resolution of All Matters/Release. Applicant hereby agrees to release and
discharges the City from and against any and all claims, causes of action, and liabilities of
whatsoever kind Applicant may have had or may have as of the date of execution of this
Agreement against the City relating to or arising out of its application to operate a group home.
21. Counterparts. This Agreement may be executed in two (2) or more counterparts,
each of which together shall be deemed an original, but all of which together shall constitute one
and the same instrument. In the event that any signature is delivered by facsimile transmission
or by e-mail delivery of a .PDF format data file, such signature shall create a valid and binding
obligation of the party executing (or on whose behalf such signature is executed) with the same
force and effect as if such facsimile or .PDF signature page were an original thereof.
[signatures on following pages]
(00539133.1 306-9001821} Page 8 of 10
IN WITNESS WHEREOF, the Parties have signed this Agreement on the date(s) set forth below.
CITY OF BOYNTON BEACH
By:
City Manager
Approved as to form:
Michael D. Cirullo, Jr., Cirillo, City Attorney
[remainder of page left intentionally blank]
[Applicant signature on following page]
(00539133.1306-9001821) Page 9 of 10
WITNESSES APPLICANT
Recreate Life Counseling Services BH LLC
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By:
Daniel Schaffer
Print Name Print Name
Chief Executive Officer
Title
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Print Name
STATE OF /1/014-46.6q
COUNTY OF 4eir-/ )
The foregoing instrument was acknowledged before me this /fly day of /0r0 2022, by
Prfj9/6/ , in capacity as of Recreate Life Counseling Services BH LLC.
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(00539133.1 3059001821( Page 10 of 10