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R24-196
CFN 20240327063 OR BK 35283 P G 326 REC Min)9/20t2024 1005. AM P aten Ftr_: 11(_,]Urifif,FloD 1 RESOLUTION NO. R24-196 TT' °P1t Abruzzi) t�•Yr.326-63;Mpg) 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA,APPROVING A THIRD AMENDMENT TO THE INTERLOCAL 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE 7 IMPROVEMENTS TO THE HISTORIC WOMAN'S CLUB OF BOYNTON BEACH 8 LOCATED AT 1010 S. FEDERAL HIGHWAY; PROVIDING AN EFFECTIVE DATE; 9 AND FOR ALL OTHER PURPOSES. 10 11 WHEREAS, on February 11,2021,the City of Boynton Beach and the City of Boynton Beach 12 Community Redevelopment (CRA) entered into an Interlocal Agreement for the transfer of 13 ownership and funding of certain improvements, operations, and maintenance of the Historic 14 Women's Club of Boynton Beach, located on 1010 South Federal Highway, Boynton Beach, Florida 15 which is listed on the National Register of Historic Places, approved by Resolution No. R21-021 16 on February 2, 2021; and 17 WHEREAS, on February 6, 2024, the parties entered into a First Amendment extending 18 the Term of the Agreement through September 30, 2024, approved by Resolution No. R24-021 19 on February 6, 2024; and 20 WHEREAS, on June 2, 2024, the parties entered into a Second Amendment for the transfer 21 of the property located at 1010 South Federal Highway, Boynton Beach, FL, to the City of Boynton 22 Beach and the funding of certain improvements, operations, and maintenance thereon, to allow 23 design fees to be an eligible expense and to permit the reimbursement of certain eligible expenses 24 by waiving the time period in which the City may request reimbursement; and 25 WHEREAS, through an email dated March 13, 2024, the City has requested that the 26 additional funding of $250,000 be added to the Interlocal Agreement for a maximum total of 27 $1,000,000.00; and 28 WHEREAS, the Agreement, as amended, is set to terminate on September 30, 2024; and 29 WHEREAS, the Parties desire to extend the termination date of the Agreement subject to 30 the terms of this Third Amendment; and 31 WHEREAS, the CRA Board finds that this Third Amendment is consistent with the CRA's 32 Redevelopment Plan and Chapter 163, Florida Statutes; and 1 RESOLUTION NO. R24-196 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE INTERLOCAL 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE 7 IMPROVEMENTS TO THE HISTORIC WOMAN'S CLUB OF BOYNTON BEACH 8 LOCATED AT 1010 S. FEDERAL HIGHWAY; PROVIDING AN EFFECTIVE DATE; 9 AND FOR ALL OTHER PURPOSES. 10 11 WHEREAS, on February 11, 2021, the City of Boynton Beach and the City of Boynton Beach 12 Community Redevelopment (CRA) entered into an Interlocal Agreement for the transfer of 13 ownership and funding of certain improvements, operations, and maintenance of the Historic 14 Women's Club of Boynton Beach, located on 1010 South Federal Highway, Boynton Beach, Florida 15 which is listed on the National Register of Historic Places, approved by Resolution No. R21-021 16 on February 2, 2021; and 17 WHEREAS, on February 6, 2024, the parties entered into a First Amendment extending 18 the Term of the Agreement through September 30, 2024, approved by Resolution No. R24-021 19 on February 6, 2024; and 20 WHEREAS, on June 2, 2024, the parties entered into a Second Amendment for the transfer 21 of the property located at 1010 South Federal Highway, Boynton Beach, FL, to the City of Boynton 22 Beach and the funding of certain improvements, operations, and maintenance thereon, to allow 23 design fees to be an eligible expense and to permit the reimbursement of certain eligible expenses 24 by waiving the time period in which the City may request reimbursement; and 25 WHEREAS, through an email dated March 13, 2024, the City has requested that the 26 additional funding of $250,000 be added to the Interlocal Agreement for a maximum total of 27 $1,000,000.00; and 28 WHEREAS, the Agreement, as amended, is set to terminate on September 30, 2024; and 29 WHEREAS, the Parties desire to extend the termination date of the Agreement subject to 30 the terms of this Third Amendment; and 31 WHEREAS, the CRA Board finds that this Third Amendment is consistent with the CRA's 32 Redevelopment Plan and Chapter 163, Florida Statutes; and 33 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 34 the best interests of the citizens and residents of the City to approve the Second Amendment to 35 the Interlocal Agreement Between the City of Boynton Beach and the Boynton Beach Community 36 Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, 37 Boynton Beach, Florida to the City of Boynton Beach and the Funding of Certain Improvements, 38 Operations, and Maintenance Thereon. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 41 BEACH, FLORIDA, THAT: 42 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 43 being true and correct and are hereby made a specific part of this Resolution upon adoption. 44 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 45 approve a Third Amendment to the Interlocal Agreement Between the City of Boynton Beach and 46 the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located 47 at 1010 South Federal Highway, Boynton Beach, Florida to the City of Boynton Beach and the 48 Funding of Certain Improvements, Operations, and Maintenance Thereon, between Boynton 49 Beach Community Redevelopment Agency and the City, in form and substance similar to that 50 attached as "Exhibit A." 51 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 52 authorizes the Mayor to execute the Third Amendment and such other related documents as may 53 be necessary to accomplish the purpose of this Resolution. 54 SECTION 4. Upon execution by all parties, the City Clerk is hereby directed to file the 55 fully-executed original Amendment with the Clerk of the Circuit Court of Palm Beach County, 56 Florida, as required by Section 163.01(11), Florida Statutes, for interlocal agreements. 57 SECTION 5. This Resolution shall take effect in accordance with law. 58 59 [signatures on following page] 6o 61 PASSED AND ADOPTED this •2141 day of, IYgisOPr 2024. 62 CITY OF BOYNTON BEACH, FLORIDA 63 YES - NO 64 Mayor—Ty Penserga ✓✓ 65 66 Vice Mayor-Aimee Kelley 67 68 Commissioner-Angela Cruz 69 70 Commissioner-Woodrow L. Hay 71 72 Commissioner—Thomas Turkin 73 c-0 74 VOTE 75 ATTE' 76 77 l 1 NI f• /- Z�L 78 Maylee D; J-.,s, MPA, t C,--0,0.`INTO/ye‘_++ T,..,�;,• ,. - f r r if� .�poRATf••.70+t may� . 79 City Clerk IV 80 ; ; SQA 81 S 0 GpopOSIN D: APPROVED AS TO FORM: 82 (Corporate Seal) +, 192 ,: . Ai 4 83 +w .••....••,0Q ...-•. )1/bd.a a . FLORA - 85 Shawna G. Lamb 86 City Attorney tp ... 0/y 6`,++ I hereby certify that this is a true and %.Ok .czonAr •''•.C'+4, correct copy as it appears in the records of Sirty it% •? ,, th. ,• of::• t-ach. + . � Date THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS,AND MAINTENANCE THEREON. This THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THEREON ("Third Amendment") is entered into by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation ("City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), (individually a "Party" and collectively,the"Parties"). RECITALS WHEREAS, on February 11, 2021, the Parties previously entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS,AND MAINTENANCE THEREON("Agreement"),a copy of which is attached hereto as Exhibit"A;"and WHEREAS, on February 6, 2024, the Parties entered into the FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY,BOYNTON BEACH,FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS,AND MAINTENANCE THEREON ("First Amendment"), a copy of which is attached hereto as Exhibit"B,"to extend the termination date of the Interlocal Agreement to September 30, 2024; and WHEREAS, on June 2, 2024, the Parties entered into the SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY,BOYNTON BEACH,FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THEREON ("Second Amendment"), a copy of which is attached hereto as Exhibit "C," to allow design fees to be an eligible expense and to permit the reimbursement of certain eligible expenses by waiving the time period in which the City may request reimbursement; and WHEREAS,through an email dated March 13, 2024, a copy of which is attached as Exhibit "D," the City has requested that the additional funding of$250,000 be added to the Interlocal Agreement for a maximum total of$1,000,000.00; and WHEREAS, the Agreement, as amended, is set to terminate on September 30, 2024; and WHEREAS,the Parties desire to extend the termination date of the Agreement subject to the terms of this Third Amendment; and WHEREAS, the CRA Board finds that this Third Amendment is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and NOW THEREFORE, in consideration of the promises contained herein and in the Interlocal Agreement, the sufficiency of which both Parties hereby acknowledge: 1) Incorporation.The recitals and other information above are hereby incorporated herein as if fully set forth. 2) Definitions.All words not defined herein shall have the same meaning as in the Interlocal Agreement. To the extent of a conflict, the definitions in this Third Amendment shall control for the amendments to the Interlocal Agreement contained herein. 3) Amendment Style. Amendments to the Interlocal Agreement are shown as follows: additions are shown in underlined format; deletions are shown in str-iket#reugh-feffliat. 4) Amendment. Paragraph 2.a. of the Interlocal Agreement is amended as follows: a. The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred Fifty Thousand and 00/100 Dollars($250,000) annually(for a maximum total of X000$1,000,000)to be used only for reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials, labor, construction, and equipment costs associated with the Project for the physical operation and maintenance of the Property(the term"Property"includes the HWCBB),and expenses associated with the design, construction,and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB, shall be considered eligible expenses. CITY overhead,CITY administrative costs,payments to CITY employees, and any payoffs required by the applicable restrictive covenants are not eligible expenses. 5) Term of the Agreement. The term of the Agreement is hereby amended such that Agreement shall terminate September 30, 2025. 6) Effective Date of this Amendment. This Third Amendment will become effective at the date and time that the last party signs below. 7) General. The parties agree that all terms, conditions,and provisions of the Agreement not expressly amended, modified or deleted by this Third Amendment shall continue in full force and effect. This Third Amendment may 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. To the extent of any conflict between the Agreement, as amended, and this Third Amendment, this Third Amendment shall control. IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. AT . T: --- ITY OF BOYNTON BEACH, =„yN �, TON ` ,1.rida municipal corporation 0 ,er c Jr I ” a. ;0 eki) k 1 0•1- ' , 411.110 Mayle De esus, CI Clerk v 0)1'°-."1..001', ayor 0,Q20 ; Approve, : . to Form: �'*, �Ni. 1. •;at 7 y�2Zsi :: - Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Ty Penserga,Chair Date: 3) Effective Date and Term of this Waiver. This Waiver will become effective at the date and time that the last party signs below and lasts until the termination of the Agreement. This Waiver shall not act to extend the Agreement. 4) General.The parties agree that all terms,conditions,and provisions of the Agreement shall continue in full force and effect and that the sole effect of this Waiver to waive the time period in which the City is required to submit a reimbursement request under Sections 4.a. and 4.c. of the Agreement for and only for Invoice 92087, so that it may be paid from the funds available through CRA PO#1930-R1.This Waiver shall not be deemed a continuing waiver and shall not be deemed a waiver of any other term, condition, or provision of the Agreement. This Waiver may 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. IN WITNESS WHFREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: ._. Maylee De Jesus,CITY Clerk Ty Penserga,Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Wm of the CRA Attorney Ty P•ns• •r r Date: /i/t f lay ri Page of 4868-7444.4600,v.2 Exh,b A INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH,FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS,OPERATIONS,AND MAINTENANCE THERON. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively,the"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan")calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS,the CRA owns the property within the CRA Area located at 1010 South Federal Highway, Boynton Beach, FL(the"Property")as further described in Exhibit"A," which is hereby incorporated herein;and WHEREAS,the Property contains the Historic Woman's Club of Boynton Beach building("HWCBB"); and WHEREAS,the HWCBB is listed on the National Register of Historic Places; and WHEREAS, the Property is subject to certain restrictive covenants; and WHEREAS,the CITY desires to own the Property and use the HWCBB for proper municipal purposes, specifically, for municipal and cultural purposes and as an events venue available to rent by the general public; and WHEREAS,the use of the Property by the CITY for municipal and cultural purposes and as an events venue supports the goals of the Plan; and WHEREAS, the Property is also located adjacent to 1021 S Federal Highway, Boynton Beach, FL, (the "CITY Parcel") (a description of which is attached hereto as Exhibit "B,"which is hereby incorporated herein),which is owned by the CITY; and WHEREAS, the CITY Parcel contains additional parking critical for continued historic preservation and full use of the Property by the CITY as described above;and WHEREAS, the transfer of this Property to the CITY will further promote the goals and objectives of the CITY; and 014)4266 I 1 WHEREAS, the CITY will undertake the maintenance and operations of the Property in furtherance of that goal; and WHEREAS, maintenance and operation of the HWCBB requires the additional off-site parking found on the CITY Parcel; and WHEREAS,the CRA desires to provide the CITY with funding for the maintenance and operation of the Property,for a period not to exceed three(3)years from the Effective Date of this Agreement("Maintenance Period"); and WHEREAS, the CRA further desires to fund various physical improvements to the HWCBB related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB; and WHEREAS, the physical improvements described above and the operations and maintenance of the HWCBB during the Maintenance Period are hereinafter referred to as the "Project;"and WHEREAS,the CRA fmds the Project will enhance the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended historic preservation of the HWCBB, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, and in particular the CRA Area; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Rei nrhursennVnt Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred Fifty and 00/100 Dollars ($250,000) annually (for a maximum total of$750,000) to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials, labor, construction, and equipment costs associated with the Project for the physical operation and maintenance of the Property(the term "Property" includes 01414266-I 2 the HWCBB), and expenses associated with construction and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB, shall be considered eligible expenses. CITY overhead, CITY administrative costs, payment to CITY employees, and any payoffs required by applicable restrictive covenants are not eligible expenses. b. The CRA's obligation to provide funding to the City is contingent upon the inclusion of the funding in the CRA's approved Budget for the fiscal year in which the funds will be disbursed. c. The CRA reimburse the CITY for eligible expenses upon receipt of a written, complete Reimbursement Request from the CITY that meets the requirements of this Agreement as further described below. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by§ 163.370(3), Florida Statutes, or otherwise prohibited by law. b. As a prerequisite for receiving funding in any given year pursuant to this Agreement, no later than the last day of April every year through the life of this Agreement, the City shall provide the CRA with an Annual Budget Request. The Annual Budget Request shall state the amount of funding the City is requesting the CRA include for the Project in its budget for the subsequent fiscal year. The first Annual Budget Request shall be due on April 30, 2021, for funds to be included in the CRA's Budget for the 2021/2022 fiscal year.Upon receipt of the timely submitted Annual Budget Request, the CRA shall include the funding amount requested in its proposed Budget to be considered for approval by the CRA Board. c. The CITY shall ensure that the Project is accomplished in compliance with the Plan and Florida Statutes. d. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. e. The CITY shall also be responsible for the maintenance of the Property,along with contracting and coordinating with all other entities as necessary to comply with the Secretary of Interior's Standards for the Treatment of Historic Properties, during the term of the Agreement and thereafter. D1431266-I 3 f. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. g. The CITY shall honor all existing rental agreements between the CRA and third parties as of the Effective Date, and shall assume the responsibilities and obligations of the CRA in such agreements. On the Effective Date,the CRA will provide copies of all agreements between the CRA and third parties to the City. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")meeting the requirements of this Agreement to the CRA. In order to be eligible for reimbursement, the Reimbursement Request must be submitted no later than: a. Ninety (90) days after payment by the CITY of funds for which it is seeking reimbursement; b. Forty-five (45)days before the end of the CRA's fiscal year; and c. Forty-five(45)days before this Agreement terminates. b. In order to be deemed a complete Reimbursement Request, the Reimbursement Request shall include the following information: i, The amount of reimbursement requested; ii. A summary of the Project items for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement; iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement; and v. For any Reimbursement Request submitted after final completion of a physical improvement, evidence of an approved final inspection, or equivalent, and a final report by the CITY detailing at minimum the type improvements, reasons for the improvements, and the associated costs. 01434266-1 4 c. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement,the CRA shall remit funding in the amount requested,consistent with this Agreement, to the CITY within ninety (90) days of receipt of the Reimbursement Request. d. If the CITY fails to submit a Reimbursement Request within ninety(90)days after the final completion of any physical improvement, the CITY will no longer be eligible to receive reimbursement for that improvement. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have ninety (90) days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request; however,in no case shall the City submit such documentation later than forty-five(45)days before the end of the CRA's fiscal year. If the CITY fails to provide the documentation required by the CRA within the required time limits,the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project,and shall not otherwise be responsible for effectuating the Project or otherwise assisting with the HWCBB. 6. Additional Limitations on Reimbursement Funds. If any portion of the Property ceases to be used for public purposes, or of any portion of the Property is assigned for use to a private or non-profit entity for more than seven calendar days(whether or not such entity pays the CITY rent for such use), then the maintenance and operations costs for that portion of the Property shall not be deemed eligible expenses for the duration of the use by that entity or during such time as the Property is not used for public purposes. The intent of this paragraph is to prevent the use of CRA funds for improving, operating and maintaining any portion of the property for which the primary beneficiary is the entity operating that portion of the property(such as a vendor or service provider) or the customers of that entity, and this paragraph shall be construed in light of this stated intent. 7. Land Transfer. The CRA ,upon recommendation of staff,deems it in the best interest of the citizens and residents of the CITY and in furtherance of the Plan to transfer the Property to the 01434266-1 5 City. The CRA and the City will negotiate and enter into a separate Purchase and Sale Agreement for a Quit-Claim Deed transferring the Property from the CRA to the CITY. 8. Indemnification.The CITY shall indemnify,save,and hold harmless the CRA,its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal)associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence,or intentional acts of the CRA,its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 9. Term of the Agreement. This Agreement shall become valid and commence upon the date of execution by the last Party to this Agreement ("Effective Date"), and unless earlier terminated pursuant to this Agreement, shall terminate three years from the Effective Date ("Termination Date"). In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 10. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the terns of this Agreement and at least 1 year after the termination of the Agreement. 11. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 01434266-1 6 12. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 13. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 14. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 15. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 16. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to he binding upon the Parties. To that end, this Agreement is declared severable. 17. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 014)4266-I 7 18. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 19. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt,or by overnight express delivery service,evidenced by a delivery receipt,addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere,City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon,Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody& Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 20. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests,or obligations hereunder to any individual, group, agency,government,non-profit or for-profit corporation,or other entity without first obtaining the written consent of the other Party. 01434266-I 8 21. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 22. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 23. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of the Property, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 24. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. [Signatures on following page.] 01444266-I 9 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Flori• . 1 uni'cipal • .. .ration _ ' if ../i1 �:<< _ lIr, 41 ' 11 By: cx_Crystal Gibso . CITY Cle Steven B. Grant, Mayor = u cr Approved to Fo : Date: k �� 7 /1Tor 4 4, iI. G • N �t (SEAL) - so , . Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: ce 75-,-—- Office of the CRA Attorney Steven B. Grant,Chair Date: z/(i/ZOZ 014)4266 I 10 IN 1YITNESS %NERE.OF,:t CITE` a.nd tac CRA brr:ta ha%c cxc ut:d lh s Are n:cnt J.. ri L r biter M. dutr=. et' forth bc:rw A'-I`ti7 CITY OF BOYNTON t1LAC'1L Y Flun4a;nun:opal rpal,n.r r urau= f - , 1 f t�. Ay,_=i r 0 _cry0,11 CitbArm CITY Ciel._ SttMyr b.Cisani Mu 1'151 z 1 U A :n+Ycl to Fa Date: 11 �1. . G r 4"/ AIloi 1a► 47 dive.GA+011 C •• , °Mc.:of the C:TY Aeramey AmprusadJ6tt Fbnn: 11OYNTON I}1-:AClI COMM!LAITY i : FtE!}EVE.L.QPMENT AGENCY ii � • "/ /i /t/IAA/ `,.L ,i 5 - d►flG a ofihe CRA Atlorncy Ste vol B.Great.C'hsit rh.le• ....1_2;_lziii VA'., to EXHIBIT"A" (•R. -owned Property Information (1010 South Federal 11ii;hway, Boynton Beach) Parcel 11) Number: 08-43-45-28-24-000-0040 Legal Description: Lots 4, 5,6,and 7,Parker Estates, according to the Plat thereof as recorded in Plat Book 10, Page 37, Public Records of Palm Beach County, Florida, Less the West 35 Feet thereof for Road Right of Way. Location Map ,:. , . ;_:, ,.4, ,ij „,?-i 1-m 1- L Afgr3 . pri 11/1.111 I tr:A \-,1- 6. ,.._. , . t., . , %, ,, r id •.,;`.' .'STM^ ,'�! _r -` �i,. '\ , 't: �'� w' I'' : ,. 't IT I lb r 1�, I • I ) ll r r 110 ,,i f r i.t: / • 1 ' �.. 1 l 1 / 1 ate,. ._ /7//, y. Ill .�.. e ii 'k = _ li EXHIBIT"B" CITY-owned Property Information (1021 South Federal Highway, Boynton Beach) Parcel ID Number: 08-43-45-28-24-000-0140 Legal Description: PARCEL I: Lots 14, 15, 16,and 17,PARKER ESTATES,a subdivision of the City of Boynton Beach,Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit court in and for Palm Beach Cunty, Florida,recorded in Plat Book 10,at Page 37. PARCEL II: Lots 1 and 2,Block B,HATHAWAY PARK,a subdivision of the City of Boynton Beach,Florida, according to the Plat thereof on file in the office of the Clerk of Court in and for Palm Beach County, Florida, recorded in Plat Book 13 at Page 17. SUBJECT TO:easements,reservations,restrictions,road-right-of-way of record,if any,and taxes for the year 1998 and thereafter. Location Map irt--' - , . 0 . } JJ + ?ill'lll. ,t rs�el, , rt a , V.\ ,rr 7 1" T ' -- laSIC 11F -:, 2, llak. , :,, 7 . J/ 46 Y , }.::" p _ _ , .:: . ,, , , - ___• 41n;4 41 1 1' 4 : 1 t.I 1 i b•e t' '''..,••.7 ,,,iiin-T.:- Iner; i , r,.-.11,..: . , .-.)._-___ i• • 7i.., . - 9 A. :. __. ••• ....... • _ , ,,, ......_ ; , , - ,,,,,, ," 7.----es,I .1 •• ! _ __ . vi. pos( Tv ` ^ ftm • i s d 4, j ; to .. .. , i P r - X CxhIbvk FIRST AMENDMENT TO THE INTERLOCAL. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS,AND MAINTENANCE THERON. This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY,BOYNTON BEACH,FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON("First Amendment")is entered into by and between the CITY OF BOYNTON BEACH,a Florida Municipal Corporation,("CITY"),and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively,the"Parties"). RECITALS WHEREAS, the Parties entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON ("Agreement") on February 11, 2021; and WHEREAS, the Agreement is set to terminate on February I I, 2024; and WHEREAS,the Parties desire to extend the termination date of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of where are hereby acknowledged. the Parties hereby agree to amend the Agreement as follows: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fitlly set forth. 2) Term of the Agreement. The term of the Agreement is hereby amended such that Agreement shall terminate September 30, 2024. 4870-0623-0420,v. 1 3) Effective Date of this Amendment. This First Amendment V*ill become effective at the dale and time that the last party signs below. 4) The Parties agree that all terms, conditions. and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may 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. .I n the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Vont': BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: / Office of the C'RA Attorney Ty Pe ser ;tRA ha" Date: / ��// Z3 Approved as to Form: ('ITY OF BOYNTON BEACH By: Office of the CITY Attorney Ty Penserga,Mayor Date: 4870-0623-0420 v 1 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may he 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.To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to he executed on the day and year written below. Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Tv Penserga, C'RA Chair I)ate: Approved as to Form: CITY OF BOYNTON BEACH By: ilGG<J���t b , — Office of the CITY Attorney Ty Pen yor Date: • 4870-0623-0420 v 1 E Ahnb,-i C SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS,AND MAINTENANCE THEREON. This Second Amendment to the Interlocal Agreement between the City Of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, Boynton Beach, FL to the City of Boynton Beach and the Funding of Certain Improvements, Operations, and Maintenance Thereon ("Second Amendment") is entered into by and between the City Of Boynton Beach, a Florida Municipal Corporation ("City"), and the Boynton Beach Community Redd elopment Agency ("CRA"), (individually a"Party"and collectively, the"Parties"). RECITALS WHEREAS, on February 11, 2021, the Parties previously entered into the Interlocal Agreement Between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, Boynton Beach, FL to the City of Boynton Beach and the Funding of Certain Improvements, Operations, and Maintenance Thereon("Agreement"),a copy of which is attached hereto as Exhibit"A;"and WHEREAS,on December 14,2023,the Parties entered into the First Amendment to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, Boynton Beach, FL to the City of Boynton Beach and the Funding of Certain Improvements, Operations,and Maintenance Thereon("First Amendment"),a copy of which is attached hereto as Exhibit "B," to extend the termination date of the Interlocal Agreement to September 30, 2024; and WHEREAS,the Agreement as Amended by the First Amendment is hereinafter referred to as the "Interlocal Agreement:"and WHEREAS, the Parties desire to amend the Interlocal Agreement to allow design fees to be an eligible expense: and WHEREAS, under Section 12 of the Interlocal Agreement, no party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties;and WHEREAS, through the letter dated February 21, 2024, ("Waiver Request Letter"), a copy of which is attached as Exhibit "C," the City has requested and the CRA desires to amend the Interlocal Agreement to permit the reimbursement of certain eligible expenses by waiving the time period in which the City may request reimbursement: and WHEREAS, the CRA Board finds that this Second Amendment is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; NOW THEREFORE, in consideration of the promises contained herein and in the Interlocal Agreement,the sufficiency of which both Parties hereby acknowledge: 4885-1849-8231,v. 1 1) Incorporation.The recitals and other information above are hereby incorporated herein as if fully set forth. 2) Definitions.All words not defined herein shall have the same meaning as in the Interlocal Agreement. To the extent of a conflict, the definitions in this Second Amendment shall control for the amendments to the Interlocal Agreement contained herein. 3) Amendment Style. Amendments to the Interlocal Agreement are shown as follows: additions are shown in underlined format; deletions are shown in etrileet rough-Fermat. 4) Amendment. Paragraph 2.a. of the Interlocal Agreement is amended as follows: a. The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred Fifty Thousand and 00/100 Dollars($250,000)annually(for a maximum total of$750,000) to be used only for reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes. consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials,labor,construction,and equipment costs associated with the Project for the physical operation and maintenance of the Property (the term "Property" includes the HWCBB), and expenses associated with the design, construction, and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB, shall be considered eligible expenses. CITY overhead,CITY administrative costs,payments to CITY employees,and any payoffs required by the applicable restrictive covenants are not eligible expenses. 5) Waiver.Under Section 12 of the Agreement,no Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Pursuant Section 12, the Parties hereby agree to waive the reimbursement requirements concerning the timing of the Reimbursement Requests as described in Section 4.a. of the Interlocal Agreement for CRA PO #1968 and CRA PO #2026, which are referenced in the February 21, 2024, Waiver Request letter, copies of which are attached hereto as Composite Exhibit"D." 6) Effective Date of this Amendment.This Second Amendment will become effective at the date and time that the last party signs below. 7) General.The parties agree that all terms,conditions, and provisions of the Agreement not expressly amended, modified or deleted by this Second Amendment shall continue in full force and effect.This Second Amendment may 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. To the extent of any conflict between the Agreement and this Second Amendment, this Second Amendment shall control. 4885-1849.8231,v. 1 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. AT" T: CITY OF BOYNTON BEACH. a Florida municipal corp ation 1 ..____ I I,�, Maylee I eai us,Cit Clerk Ty Penserga. . • _ 01 App as to Form: - �0N Bp,‘, Date: 472/742 ti\l\) O�N�apij ••..4-:1,'1, (SEAL) i Q 11 O ce of the City Attorn r; S) 0., i S . CJ ice � 0 : Approved as to Form: ,�.41t "'•' ` "� BOYNTON BEACH COMMUNITY --- REDEVELOPMENT AGENCY By: Office of the CRA Attorney Ty Penserga, Chair Date: 4885-1849-8231 v 1 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: _ - Maylee De Jesus,CITY Clerk Ty Pen Approved as to Form: Date: G (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: .I:r" Ace of a CRA Attorney Ty Pen Date: fialiZti 4885.1849-8231.v. 1 EXHIBIT "D" Utterback, Theresa From: Tack, Timothy Sent: Tuesday, July 30, 2024 4:01 PM To: Utterback,Theresa Subject: FW: HWCBB - PO Balances&City Invoices Attachments: Boynton Beach Senior Center at US 1_cost estimate 041224 .pdf; Boynton Beach Senior Center at US 1_cost estimate.pdf Theresa, Please see attached and below. Thanks, Timothy Tack, P.E. Assistant Director Boynton Beach Community Redevelopment Agency 100 E Ocean Ave. I Boynton Beach, Florida 33435 C 561-600-9091 TacckTT@bbfl.us ® https://www.boyntonbeachcra.com 13 in C3 BOYNTON cA =BEACH COMMUNITY REDEVELOPMENT AGENCY America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law,and all correspondence to me via email may be subject to disclosure. Under Florida law,email addresses are public records.Therefore,your email communication and your email address may be subject to public disclosure From: Matos, Kathryn<MatosK@bbfl.us> Sent:Thursday, May 16,2024 11:21 AM To:Tack, Timothy<TackT@bbfl.us> Subject: FW: HWCBB - PO Balances&City Invoices 1 Kathryn Matos Assistant City Manager Gv'tY O . City Manager's Office rr: Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 F. Ocean Ave. I Boynton Beach, Florida 33435 U� . 561-742-6012 I 6561-742-6011 .t- i wP M MatosK@bbfl.us I boynton-beach.org/ ETON ta Follow us on0 in ® MYROYHTON APP! Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law,email addresses are public records. Therefore,your email communication and your email address may be subject to public disclosure From: Abdurakhmanov, Moisey<; .1 a khrnanovMCtbbfl.us> Sent: Monday,April 15,2024 9:13 AM To: Matos, Kathryn<MatosKtebbfl.us> Cc: Utterback,Theresa<tltterhackT@hhf >;Tack,Timothy< dckTtbbfl.us> Subject: RE: HWCBB - PO Balances &City Invoices Good morning, I am still waiting for an official updated schedule, however a rough timeline is as follows: ROW Dedication—3 months—construction agreement in hand ,iiid-summer(lune-iul+, (doesn't have to stop procurement process). Bid Documents—3 months approximately, after receiving BID package from procurement (they are working on the document).This should hopefully be completed by •.., tate surr a,. huir ,,,,,, Construction—2 months. 11-01 'ler dependent on bids received etc.) "Mast arm foundations and underground work will go in one month prior to the mast arms, which will take a day to fly.After that roadway and striping usually take a couple days. In all it's about 2 months of off and on work once the construction agreement is in place" I did receive an updated cost estimate. I have also attached the old cost estimate as comparison (the cost estimates attached do not include the landscape CE). Thank you for your patience. 2 Moisey Abdurakhmanov Engineer II Gs t' O . Public Works, Engineering Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E.Ocean Ave. I Boynton Beach, Florida 33435 Ci � Y u IL 561-742-6266 1T e AbdurakhmanovM@bbfl.us 9 boynton-beach.org/ ON Follow us on DOD© DOWNLOAD THE MYYBOYNTON APP! Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Matos, Kathryn<MatosK@bbfl.us> Sent: Wednesday, March 20, 2024 10:31 AM To:Abdurakhmanov, Moisey<AbdurakhmanovM_l®bbfl.us> Cc: Utterback,Theresa<UtterbackT@bbfl.us>;Tack,Timothy<TackT@bbfl.us> Subject: RE: HWCBB- PO Balances&City Invoices Moisey, Can you please provide the CRA with the timeline for the crosswalk?Thank you. Kathryn Matos Assistant City Manager r‘1" " O . City Manager's Office Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address:100 E.Ocean Ave. I Boynton Beach, Florida 33435 T � 561-742-6012 I da 561-742-6011 0 Co e MatosK@bbfl.us 9 boynton-beach.org/ ?ON 0 21111, © in © IIII DOWNLOAD no MYBOYNTON AAP! Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Tack,Timothy< kl,n l l,l us> Sent: Tuesday, March 19,2024 9:12 AM To: Matos, Kathryn<MatosK@bhtl us> 3 Cc: Utterback,Theresa < > Subject: RE: HWCBB - PO Balances &City Invoices Kathryn, Thank you. Based upon the age of the cost estimate, I would anticipate a substantial escalation. What is the anticipated bid date for the work? Thanks, Timothy Tack, P.E. Assistant Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 C 561-600-9091 TackT@bbfl.us https://www.boyntonbeachcra.com © a BOYNTONAC cA BEH COMMUNRY REDEVELOPMENT AGENCY America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Matos, Kathryn<M0tosKt bbfi >Sent:Wednesday, March 13, 2024 4:09 PM To:Tack,Timothy<IackTeDbbfl.us> Subject: FW: HWCBB PO Balances& City Invoices Tim, Please see the attached cost estimates and description below for the additional$250,000 for the Women's Club. Please let me know if you need anything further.Thank you. 9 Kathryn Matos Assistant City Manager ‘TY Op. City Manager's Office Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 \C� Physical Address: 100 E.Ocean Ave. I Boynton Beach, Florida 33435 561-742-6012 I ia 561-742-6011 O . F, La MatosK@bbfl.us I Q boynton-beach.org/ ~TON 0 Follow us on © u II© HE P01OYWIONNLOAD TAPP! Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure From: Abdurakhmanov, Moisey<AbdurakhmanovMldbbfl.us> Sent: Wednesday, March 13, 2024 4:00 PM To: Matos Kathryn s > Subject: RE: HWCBB PO Balances& City Invoices Good afternoon, Please see the attached estimate A description of the project is a follows, The work to be done for pedestrian safety between the Boynton Beach Senior Center ,ind the Boynton Beach Woman's Club includes but is not limited to adding a new pedestrian crosswalk, installation of Mast Arms/traffic signals, Installation of pedestrian crossing signals, removal of an existing left turn lane, milling and resurfacing of existing asphalt, providing landscape and irrigation additions and modifications, Instailation of pavement striping for the pedestrian crosswalk, running new conduit for the pedestrian/traffic signals, installation of a concrete sidewalk connecting the Senior Center to Federal Highway, and existing pavers to be removed and replaced with concrete sidewalk. Thank you, Moisey Abdurakhmanov Engineer II ‘'i" O . Public Works, Engineering Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 CPhysical Address: 100 E. Ocean Ave. ( Boynton Beach, Florida 33435 V ` 561-742-6266 �� 9 AbdurakhmanovM@bbfl.us I (i) boynton-beach.org/ ~ ON d Follow us on © � © 1111DOWNLOAD THE MYBOYNTON APP! 5 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Matos, Kathryn< JlatosK@bbfl.us> Sent:Wednesday, March 13, 2024 3:44 PM To:Abdurakhmanov, Moisey<, > Subject: RE: HWCBB PO Balances& City Invoices Moisey, Please provide the estimate and a description of the crosswalk project that I can send to the CRA for the interlocal agreement for the additional $250,000.Thank you. Kathryn Matos ( Assistant City Manager GST Y o� City Manager's Office , Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 , Physical Address: 100 E.Ocean Ave. I Boynton Beach, Florida 33435 1:13 \� ` 561-742-6012 I di 561-742-6011 �c 0 MatosK@bbfl.us boynton-beach.org/ • N 6 Follow us on © m © © THE MYBOYNTON APP! Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Guzman, Mario< Sent:Tuesday, March 12, 2024 10:46 AM To: Matos, Kathryn < > Cc: Mack,Andrew< >; Abdurakhmanov, Moisey<AbdurakhmanovMaibbfl.us> Subject: Re: HWCBB - PO Balances&City Invoices Good Morning Kathryn, Yes that is the plan, I have copied Moisey on this email. Moisey-Please provide an estimate for the crosswalk. Best, Mario 6 Mario Guzman, MPA,CAFM Director of Public Works GSTY O . Public Works-Administration Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address:222 N.E.9th Ave. I Boynton Beach, Florida 33435 ( N., 561-742-6201 0 �j GuzmanM@bbfl.us I (a boynton-beach.org/ • ON Follow us onin 0 © 1111 MYBOYnME N'iOA N APP! Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Matos, Kathryn<MatosKCabbfl.us> Sent:Tuesday, March 12,2024 10:06:33 AM To:Guzman, Mario<GuzmanMabbfl.us> Cc:Mack,Andrew<MackAtbbfl.us> Subject:RE: HWCBB-PO Balances&City Invoices Please let me know on this,thank you. Kathryn Matos Assistant City Manager G�1 y 0 A City Manager's Office Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E.Ocean Ave. I Boynton Beach, Florida 33435 Z ` 561-742-6012 In 561-742-6011 0 . tJ MatosK@bbfl.us I 9 boynton-beach.org/ Follow us on : r0 N © • © © II DOWNLOAD THE MYBOYlNTON APP! Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Matos, Kathryn Sent:Monday,March 11,2024 8:55 AM To:Guzman,Mario<GuzmanMPbbil.us> Subject: RE:HWCBB-PO Balances&City Invoices Is the intention to utilize the additional$250K for the crosswalk?Thanks. 7 From:Guzman, Mario<6uzmanM@bbfl.u•> Sent:Thursday, March 7,2024 3:48 PM To: Matos, Kathryn<MatosK@bbfl.us> Subject: FW: HWCBB- PO Balances& City Invoices Fyi Mario Guzman, MPA, CAFM Director of Public Works Cr Public Works-Administration Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 O \� r k. 561-742-6201 v P GuzmanM@bbfl.us I boynton-beach.org/ 11/7'0 N ft Follow us on Q nn © © DOWNLOAD THE ® MYOOYNTON APP! Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Rodriguez, Ydelsi< driguezY@bbfl.us> Sent:Thursday, March 7, 2024 2:49 PM To: Utterback, Theresa <Utteluaci.l[allull.us> Cc:Jenkins,Jobara <.c i i ; { >;Hill,Vicki<HillV@bbfl.us>;Tack,Timothy<?ackT@bbfl.us>; Kathryn Rossmell < rc'ssni ,._.,,. ,,.l-,.con.>; Guzman, Mario<GuzmanM@bbfl.us>; Ramsey, Kevin<RamseyK@bbfl.us>;Abdurakhmanov, Moisey<AbdurakhmanovF hfl > Subject:RE: HWCBB- PO Balances& City Invoices Good afternoon Please find attached Memo. If you need any other info, please don't hesitate to contact us. Thank you for all you do and have a great day! 8 1 .7N__ SIMMONS ?WHITE ENIINEESINI I PLAN111115 I CONSUITINB 1 SINCE 1912 COST ESTIMATE FOR BOYNTON BEACH SENIOR CENTER PEDESTRIAN CROSSING AT US 1 f 1307 Ply-- Item# Discslptfon Unit Quantity Unit Cost tsilli l 1104-10 AEM(WAL OF EXIS'MG CON..-c-TESY 320 S 31 99 . 1031.10 377-741 N MUTING ASPHALT PAVEME _ BY 736 $ 3,44 9 2,52140 ASrHa3T CONCRETE FRICTION COURSE(17(TRAFFIC C.FC 1.5. 337-7.67 PG 76.22) • TN 515 $ 16/74 $ 11,291.53 5201-10 CONCRETE CURS B GUTTER(TYPE F) IF 360 $ 3472 $ 13211.20 522-1 CONCRETE SIDEWALK 4" 6Y 54__ 1 __84.93 5 3,500.62 927-2 DETECTABLE WARNINGS(F 8I) SF, 97 $ 4161 5 4,521.17. 630-2.1' CONDUIT(SIGNAL)(F 8(((UNDERGROUND) J LF 770 $ 13.34 $ 3601.10 2'CONDUIT-SIGNALS(F 8 I)(UNDER PAVEMENT)(DIRECTIONAL 5342-128 BORE)(3 RUNS) IF 130 $ 42.0 $ 6,510.90 032-7-1 SIGNAL CABLE(F 8 I) P1 1 „,5 11.114.74LE 11,114.75 915.2-14 -':ILL$SPLICE BOX(F 8 I)(SIGNAL)(1r n 30 12'D) EAI 19 ;_ 2206.06 $ 11,031.16 .ECTRICAL POWER SERVICE(F-6 I)(UNDERGROUND) 31301-122 ,C)NTRACTOR) ___ AS I I 5,072.32 1 _ 5472.32 630.2-1 ELECTRICAL SERVICE WIRE(F IL 1) fF 270 1 1121 5 3.053.70 {30311 Ft.E'::TRICAL SERVICE DISCONNECI(F 811(POLE) RA 1 $ 2,63167 $ 2,531.67 641-2-12 PRE-STRESSED CONCRETE POLE(F 81)(TYPE P-11 SERVICE POLE) EA 1 $ 2,247.94 $_ 2247.94 _ 816-1-11 ALUMINUM SIGNAL POLES(F i II(PEDESTAL) EA 3 - $ 2467.05 5 1,401.18 640.21-3 S TEEL MAST ARM(F i I)(WS-170)(SINGLE ARM)(40') SA 1 $ 70.009.32 S 70,009.32 140216 S 1EEL MAST ARM(F i II(WS-170)(SINGLE ARM)(50') EA 1 $ 65,549 38 $ 65,549.31 660-1-14 TRAFFIC SIGNAL(F 8 I)(ALUMINUM)(3-SECT)(1 WAY) - AS 4 $ 1,822.72 $___7,29018 653-1-11 PEDESTRIAN SIGNAL(F6I)(LED COUNTDOWN)(1WAY) AS 21,240.04 6 2,410.06 653.1.12 PEDESTRIAN SIGNAL(F 81)(LED COUNTDOWN)(2 WAY) AS 1 1,93323 $ 1,93323 565.1-11 PEDESTRIAN DETECTOR(PUSH BUTTON)(F&I)(STANDARD) EA 4 S 436.05 $ 1,744.24 67451 to TRAFFIC CONTROLLER ASSEMBLY(F a I)(NEMA) AS 1 1 51.111.70_$ 51,191.70 700-i-11 SINGLE POST SIGN(F 8 I)(GROUND)14 12 SF) _ AS 6 S 479.40 $ 2,676.40 704160 SINGLE POST SIGN(REMOVE) A6 3 s 71.03 1 221.09 _7051 RAISED PAVEMENT MARKER � 27 $ 1.0_1 I 103.35 711-11-121 THERMOPLASTIC(STD)(WHITE)(SOCIO)On(F 6I) IF 714 $ 1.63 5 46292 __711-11-122 THERMOPLASTIC(STD_)(WHITE)(SOLID)(6')(F 6I) ,. LF___ $0 $ 2 24 I 6720 711-11-123_ THERMOPLASTIC(STD)(WHITE)(SOLID)(121(F 8 I) __ LF 111 $ 2.84_ 5 335.12 71141.125 THERMOPLASTIC(STD)(WHITE)(SOLID)(24')(F i I) r IF 146 $ 6 13 s _913.37 711-11.221 1T HERMOPLASTIC(STD)(YELLOW)(SOLID)(6')(F&I) LF 536 $ 1.63 $ 672.05 711-11421 THERMOPLASTIC(STD)(YELLOW)(SOLID)(61(F 8 I) If 31 $ 3.46 1 132.24 711-11.110 THERMOPLASTIC(STD)(YELLOW)(SOLID)(6')(F 8 l) - EA 1 $ 219.32 $ 21132 715631 LUMINAIRE AND BRACKET ARM(F 8 0 a, EA 1 2 $ 2,360.75 5 4,721.86 Mlilio.ONNNEr 6% $ 26,054 10 _ m7 _ MOT BIL 1 2605410 _ _, posing i Grubbing 1% $ 3.256 16 Subtotal $ 38104'27 N. Notes Total Cost $381.042.00 • THE UNIT PRICES USED IN THIS COST ESTIMATE AKE ESTIMATES OF CURRENT COSTS BASED ON RECENT BIDS B F.C.FJVFD.OR ON PAST BIDS ADJUSTED BY CURRENT PRICE INDEXES THEIR ACCURACY IS A FUNCTION OF ECONOMIC CONDITIONS AT THE TIME THE WORK IS ACTUALLY BID \\11111 ill/ This nem has beer digitally signed am sealec by Patricia \\\_\�\�,�.`yr,-, MA1// Ber PE on 04/T22C24 \\�*77�C-fEA' / Pnrted copes CI Sts docunent are not considered signed a-id 2' ` �� bealeO and the signature must be verified on any electronic cop eaNO 56E126 Digitally signed by Patricia Barr STATE OF Date:2024.04.12 17:04:22-04'00' ` < 'gyp \ PatriciacBarr, No 56925 �/�`ai0NA 11�\\\\\ 2581 Metrocentre Boulevard West Suite 3 West Palm Beach Florida 33407 T: 561.478.7848 F:561.478.3738 www.simmonsandwhite.com Certificate of Authorization Number 3452 ....L.X. SIMMONS WHITE ENSINEEFI NG I PLANNING I CONSULTING I SINCE 1982 COST ESTIMATE FOR BOYNTON BEACH SENIOR CENTER PEDESTRIAN CROSSING AT US 1 PBC INTERSECTION#XXXXX FDO If Pay E9btnetea Item# Dscription. ., Unit Quantity Unit Coal Cost _110-4-10 °LMO.' (Y'EXISTING CONCRETE - Sr 320 5 20.80 f 6,83100 327-70-1 M LL EXISTING ASPHALT PAVEMENT(1") SY 683 S 1.60 1 1,024.60 ASPHALT CONCRETE FRICTION COURSE(1)(TRAFFIC C,FC-0.15. 337.742 PG 78.22) TN 55.7 $ 137.27 $ 7.64884 820.1-10 CONCRETE CURB 6 GUTTER(TYPE F) LE 360 _$ 24.01.$ 8.664.40 622.1 CONCRETE SIDEWALK 4" SY 30 _ $ 41.46 $ 1.24380 627-2 DETECTABLE WARNINGS(F&I) OF 07 $ 28.03 $ 2,903.21 670.1-2 PERFORMANCE TURF(SOD) - SY-1 547 $ 3.79 $ 2,073.13 630.2-11 CONDUIT(SIGNAL)(F 8 I)(UNDERGROUND) LF 112 _$ 12.00 $ 1,41120 2"CONDUIT-SIGNALS(F 8 I)(LINDER PAVEMENT)(DRECTIONM. 939,9428 BORE)(3 RUNS) LF _ 130 S 250$ S 3,377.40 632-7-1 SIGNAL CABLE(F 6 IL PI 1 $ 6601.78601.78 $ 5,501.78 636.2-14 PULL 8 SPLICE BOX IF 8 I)(SIGNAL)(lr x1117 x 12'D) EA 10 $ 025.75 $ 9,257.60 ELECTRICAL POWER SERVICE(F 8 I)(UNDERGROUND) 630-1-122 (CONTRACTOR) AS _ 1 $ __0,230.02_6 _.„1,230.021 630.2-1 ELECTRICAL SERVICE WIRE(F&I) Il - 200 IS 11.31 $ 2,262.00 630-3.11 ELECTRICAL.SERVICE DISCONNECT(F 61)(POLE) r EA-� 1 8 1,96606 $ _ 1,966.06 641-2.12 PRE-STRESSED CONCRETE POLE(F 6I)(TYPE P-9 SERVICE POLE) EA 1 $ 1.963.26 $ 1,06325 _646.1.11 ALUMINUM SIGNAL POLES(F&I)(PEDESTAL) EA. 3 6 140325 $ 4,200.76 649-21-3 STEEL MAST ARM(F 8 I)(WS-170)(SINGLE ARM)(40) EA 1 $ 65,831.16 $ 66631.16 649-21-6 STEEL MAST ARM(F 8 I)(WS-170)(SINGLE ARM)(50) _ EA I S 66,3 66,364.06 660-1-14 TRAFFIC SIGNAL(F 8 I)(ALUMINUM)(3-SECT)(1 WAY) AS 4 S 1,122.69,3 4.401172 663.1-11 PEDESTRIAN SIGNAL(F 8 I)ILED COUNTDOWN)(1 WAY) AS 2 3 1,05816 $ 2 116.32 _6531-12 PEDESTRIAN SIGNAL(F 8 I)(LED COI6lTDOWN)(2 WAY) AS 1 1 1,531.07 $ 1 531.07 _506-1-11 PEDESTRIAN DETECTOR(PUSH BUTTON)(F III)(STANDAR()) LA 4 9 266.63 $ 1.067.32 670.6110 TRAFFIC CONTROLLER ASSEMBLY(F 8 I)(NEMA) i AS 1 8 34,774.19 S 34.774 19 _700-1-11 SINGLE POST SIGN(F 8 1)(GROUND)(<-12 SF) AS 4 3 300.03 S 1,561 32 700.1450 SINGLE POST SIGN(REMOVE) AS 2 1 37.47 5 74.94 706.1 RAISED PAVEMENT MARKFr-: EA 27 $ 3.37 6 9099 711-11-121 THERMOPLASTIC(STD)(WHITE)(SOLID)(6-)(F&I) I F 200 S 1.63 6 326 00 711-11-123 THERMOPLASTIC(STD)(WHILE)(SOLID)(12")(F&I) Lr 118 $ 1.97 $ 23246 711-11-125 THERMOPLASTIC(STD)(WHITE)(SOLD)(341(F 6I) LE 149 ,f 4.01-$ 597.49 711-11.221 THERMOPLASTIC(STD)(YELLOW)(SOLD)(6)(F 6 I) L F 566 1 IA'S 970.95 716.6.31 LUMINAIRE AND BRACKET ARM(F 6 0 EA 2 $ 2,200.00 $ 4,40000 ----- 10% -S 25273.83 iIOT 10% 3 25,273.83 psil____Orub0Yt0 -. 1% $ 2.527.38 Subtotal ( 305.81329 Notes Total Cost 3305.814.00 • TT1E UNIT PRICES IISED IN TMs COST ESTIMATE ARE ESTIMATES OF CURRENT COS IS BASED ON RECENT BIDS RECEIVED,OR ON PAST BIDS ADJUSTED BY CURRENT PRICE INDEXES THEIR ACCURACY IS A FUNCTION OF ECONOMIC CONDITIONS AT THE TIME THE WORK IS ACTUALLY BID \\\\``1 t I ///////, This item has been eleCLronically signed and sealed by Patnae \\\�s�,,l`�sl l�rt��R` Barr.Pb on 10/102022 using a SHA-1 authenbcabon cone �\� � 4.64�� // Printed copies of this document are not considered signed anc - y c ��,777 j sealed and the SHA-1 authenbcahon code must be verified on 441r/uNo 568925 any electronic copes ` I * t * Digitally signed by Patricia Barr � ' ---ta, STATE OF Date:2022.10.10 10:25:54-04'00' Patricia Barr,P.E 2581 Metrocentre Boulevard West Suite 3 West Palm Beach Florida 33407 �/ � t ORIOt%�G T FL PE 56925 ////BS�ONAL \h 561.478.7848 F:56).478.3738 www.simmonsandwhlte.coin Certificate of Authorization Number 3452 //'lin/III`1\N�\\ SIMMONS WHITE r■f tiL{F AL i F ♦AA Nf 1 tfl'Ar'L&L LIU FDOT PayEstimated Item# Description _ Unit Quantity I Unit Cost I Cost Florida PE No 56925 2581 Metrocentre Boulevard West Suite 3 West Palm Beach Florida 33407 T 561.478.7848 F:561.478.3738 www.simmonsandwhite corn Certificate of Authorization Number 3452