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R25-034 1 RESOLUTION NO. R25-034 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT 5 BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING 7 REIMBURSEMENT FOR THE CONSTRUCTION COSTS OF THE R NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED 9 WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA; 10 AND FOR ALL OTHER PURPOSES. 11 12 WHEREAS, on May 9, 2023, the City of Boynton Beach ("City") and the City of Boynton 13 Beach Community Redevelopment Agency ("BBCRA") entered into an Interlocal Agreement for 14 providing the Neighborhood Officer Policing Program location located within the Boynton Beach 15 Community Redevelopment Area ("NOP Office Agreement"), approved by City Resolution No. 16 R23-064; and 17 WHEREAS, the Agreement provides for the construction and use of that certain unit 1s identified in the NOP Office Agreement as Unit#8 as a neighborhood storefront police station for 19 the Neighborhood Officer Policing Program ("NOP Office"); and 20 WHEREAS, the Agreement provides that the BBCRA will contribute $100,054.00 towards 21 the construction of the NOP Office; and 22 WHEREAS, the City desires to enhance the NOP Office by including certain elements as 23 part of the buildout of the NOP office; and 24 WHEREAS, the BBCRA desires to contribute funding to certain enhancements as part of 25 the NOP Office construction; and 26 WHEREAS, the use of Unit #8 as a neighborhood storefront police station is found to be 27 in furtherance of these goals and principles of the BBCRA plan; and 28 WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public 29 purpose and is consistent with and in furtherance of the Community Redevelopment Plan and the 30 requirements of Chapter 163, Florida Statutes; and 31 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 32 best interests of the city's citizens and residents to approve an Interlocal Agreement between the 33 City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for providing 34 reimbursement for the construction costs of the Neighborhood Officer Policing Program location 35 located within the Boynton Beach Community Redevelopment Area. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 38 BEACH, FLORIDA, THAT: 39 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 40 being true and correct and are hereby made a specific part of this Resolution upon adoption. 41 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 42 approve an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach 43 Community Redevelopment Agency for providing reimbursement for the construction costs of 44 the Neighborhood Officer Policing Program location located within the Boynton Beach 45 Community Redevelopment Area (the "Agreement"), in form and substance similar to that 46 attached as Exhibit A. 47 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 48 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 49 ancillary documents required under the Agreement or necessary to accomplish the purposes of 50 the Agreement and this Resolution. 51 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement 52 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by 53 Section 163.01(11), Florida Statutes, for interlocal agreements. 54 SECTION 5. This Resolution shall take effect in accordance with law. 55 56 57 58 [SIGNATURES ON THE FOLLOWING PAGE] 59 60 PASSED AND ADOPTED this I day of J 2025. 61 CITY OF BOYNTON BEACH, FLORIDA 62 Y $-- NO 63 Mayor—Ty Penserga 64 t . 65 Vice Mayor—Aimee Kelley 66 f 67 Commissioner—Angela Cruz 68 c/ 69 Commissioner—Woodrow L. Hay 70 71 Commissioner—Thomas Turkin 72 73 VOTE S :) 74 ATT' 75 11 76 1, _/0' : ' �_ War- 77 Maylee le is, MPA, C • -e' a 78 City Cler Ma 79 80 - APPROVED AS TO FORM: 81 (Corporate Seal) '<(�0 POR 0N6) i 82 ' O;GO....... AT ..•? 83 %''• SEAL = , i 4. , U'• • 84 j. geigvii‘ i :INCORPORATED, Shawna G. Lamb 85 ', 's 1920 ; ; City Attorney %` P >" `xx FLORIO cFN 2025041680 001 OR BK PG REi:ORDEL;4;16,,2 25 3.11,PM Palm ad).I1:'''7 uty,Fly,Il in-:rZt Abn1 ?, ,..r , p- INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING REIMBURSEMENT FOR THE CONSTRUCTION COSTS OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT ("Agreement") is made this day of ce..b wan. 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation. (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic. duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the"BBCRA"). The City and BBCRA may be referred to herein individually as a "party" and collectively as the "parties." WITNESSETH: WHEREAS, the parties entered into an INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA ("NOP Office Agreement"), a copy of which is attached hereto as Exhibit A: and WHEREAS. the Agreement provides for the construction and use of that certain unit identified in the NOP Office Agreement as Unit#8 as a neighborhood storefront police station for the Neighborhood Officer Policing Program ("NOP Office"); and WHEREAS, the Agreement provides that the BBCRA will contribute $100,054.00 towards the construction of the NOP Office; and WHEREAS, the City desires to enhance the NOP Office by including certain elements as part of the buildout of the NOP office; and WHEREAS, the BBCRA desires to contribute funding to certain enhancements as part of the NOP Office construction: and WHEREAS, the use of Unit #8 as neighborhood storefront police station is found to be in 4905-9654-8620,v 1 furtherance of these goals and principles of the BBCRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose. and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Definitions. Terms not otherwise defined herein shall have the meaning set forth in the NOP Office Agreement (including the Exhibits to the NOP Office Agreement). In the event of a conflict between a definition in this Agreement and a definition in the NOP Office Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Responsibilities. The parties agree: a. BBCRA Responsibilities. i. Tenant Buildout. Except for the Enhancements (defined below)the BBCRA shall be responsible for contracting for and funding the tenant buildout in accordance with building plans that are mutually agreeable to the Parties. The funding for this responsibility is identified by the line item named "Tenant Buildout" in the NOP Office Buildout Budget attached hereto as Exhibit B, and hereby incorporated herein. Any overages in the cost of the tenant buildout shall be the funding responsibility of the BBCRA. ii. Enhancement Funding. The BBCRA shall be responsible for reimbursing the City for those certain enhancements specified in Exhibit B in an amount not to exceed the amount identified as "BBCRA Cost" in Exhibit B. For purposes of this Agreement, the term "Enhancement" shall mean each line item in Exhibit B other than the line item labeled "Tenant Buildout." The cost for individual line items may vary but in no case 4905-9654-8620. v. 1 shall the BBCRA's obligation to reimburse the City for the Enhancements exceed $48,363.70. b. City Responsibilities. The City shall be responsible for contracting for and funding the Enhancements. Any overages in the cost of the Enhancements shall be the funding responsibility of the City. At present, the City estimates the cost to the City for the enhancements to be $31,977.36. 4. Reimbursement. To obtain reimbursement from the BBCRA for the Enhancements. the City shall provide a written request for reimbursement of funds ("Reimbursement Request") to the BBCRA no later than 30 days after payment by the City of funds for which it is seeking reimbursement, and in no case later than 90 days after the NOP Office has received its Certificate of Occupancy. a. The request shall include the following information: i. The amount of reimbursement requested; ii. A statement and evidence that the Enhancements are eligible expenses (as defined below) and are in compliance Florida Statutes. iii. 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 Enhancements for which the CITY is seeking reimbursement. b. Upon receipt of a complete Reimbursement Request from the City that meets the requirements of this Agreement, the BBCRA shall remit funding in the amount requested, consistent with this Agreement, to the City within thirty (30) days of receipt of the Reimbursement Request. c. If the City submits a Reimbursement Request that the BBCRA deems incomplete, the BBCRA shall notify the City in writing. The City shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the City fails to provide the documentation required 4905-9654-8620,v. 1 by the BBCRA within 30 days, the City shall only be eligible for the portion of the Reimbursement Request, if any, that the BBCRA deems complete and eligible. The BBCRA will not reimburse the CITY for any portion of the request the BBCRA deems ineligible for reimbursement. d. For purposes of this Agreement, "Eligible Expenses" are limited to expenses for the Enhancements that are permitted by Florida law. 5. Coordination. The parties shall endeavor to coordinate their respective contractors during construction of the NOP Office for the purpose of promoting efficient and cost-effective buildout of the NOP Office. 6. Relationship to the NOP Office Agreement. The Parties agree that nothing herein shall alter the terms of the NOP Office Agreement, as it may be amended from time to time, and that the sole purpose of this Agreement shall be to coordinate funding for the construction of the NOP Office. 7. Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the Executive Director of the BBCRA(or his or her designee), or the City Manager (or his or her designee), as applicable, which email delivery shall be deemed "written" or "in writing"for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of(1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA: Kathryn Rossmell Lewis, Longman & Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell(cr�,I Iw-law.com 4905-9654-8620,v. 1 If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambs@bbfl.us 8. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement ("Effective Date"). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the final reimbursement required by this agreement or 120 days after the NOP Office has received its Certificate of Occupancy, whichever is earlier. 9. Public Records. The City and the BBCRA 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 term of this Agreement and at least one year after the termination of the Agreement. 10. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 11. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 12. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 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 4905-9654-8620. v 1 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 executed by both parties. Such waiver shall be limited to the terms specifically contained therein. This section 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. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to a contractor pursuant to the applicable contract for such contractor services. 13. 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. 14. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 15. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the BBCRA. 16. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the other party's absolute discretion. 4905-9654-8620,v. 1 • 17. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County. Florida. 18. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 19. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 20. 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. 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. [SIGNATURES ON FOLLOWING PAGE] 4905-9654-8620.v. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency 4 ATTEST: li � By: -� Print Name: 'y P� Q6A Title: €/S7e Date: t//s//-se 2-A6-- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -G(M Pr-"" By: BB A Attorney City of Boynton Beach - orida ATTES' . •.1„ 1 1.i el. r By: ✓ 4111 A �r�g0Y►�TO�‘‘ Print Nam=. 7 PCN 4174A ;1� C+L� ,-,<•••1° i Title: it44 yo A AL •_ Date: 2/c/Zee t.� :INCORPORATED: i '14 '••. 1920 / / I i I, APPROVED AS TO FO-40kNDDP -- LEGAL = LEGAL SUFFICIENC • ZBy: d Cl City Attorney 4905-9654-8620,v. 1 EXHIBIT A 1 RESOLUTION NO. R23-064 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO 6 EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 8 REDEVELOPMENT AGENCY FOR THE USE OF UNIT 8 AT THE HEART OF 9 BOYNTON SHOPS FOR THE NEIGHBORHOOD OFFICER POLICING (NOP) 10 PROGRAM AND THE ASSOCIATED LEASE AGREEMENT WITH WELLS 11 LANDING APARTMENTS, LLC FOR UNIT 8; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, at the October 12, 2021, CRA Board meeting, the Board approved the 15 relocation of the Neighborhood Officer Policing (NOP) Program office from the Ocean Breeze 16 East Apartments to the E. MLK Jr. Boulevard Commercial portion of the mixed-use project; and 17 WHEREAS, as defined in the Development Agreement approved by the CRA, Unit 8 is a 18 1,055 square foot rent-free space dedicated to the CRA's NOP Program and per section S.b.ii of 19 the Agreement, the Neighborhood Officer Program Office ("NOP Office") shall be completed 20 and in move-in ready condition within 18 months of the February 8, 2022 effective date (or 21 August 8, 2023); and 22 WHEREAS,once the build-out is complete,the NOP will lease the space from CMC since 23 the lease term will survive the CRA sunset in 2044; and 24 WHEREAS, an Interlocal Agreement is required to allow the City to lease the rent- free 25 space from CMC for the NOP Program and the CRA to reimburse CMC for the buildout of the 26 NOP Office; and 27 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation of 28 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 29 to approve and authorize the proper City officials to execute an Interlocal Agreement between 30 the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the 31 Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) 32 Program and the associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: S 1(A\RI:SO\Agrccrnents\ILA with CRA and',case for NOP-Rcso does 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 Section 2. The City Commission of the City of Boynton Beach hereby approves and 39 authorizes the proper City officials to execute an Interlocal Agreement between the City of 40 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 41 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and the 42 associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. A copy of the 43 Interlocal Agreement is attached hereto and made a part here as Exhibit "A" and a copy of the 44 Lease is attached hereto and made a part hereof as Exhibit "B". 45 Section 3. That this Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this 16th day of May, 2023. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 50 Mayor-Ty Penserga 51 52 Vice Mayor-Thomas Turkin ✓ 53 54 Commissioner-Angela Cruz ✓ 55 56 Commissioner-Woodrow L. Hay ✓ 57 58 Commissioner-Aimee Kelley ✓ 59 60 VOTE 5-0 61 ATT- 62 63 /AEI ' 64 Maylee lbe J • 's, MPA, M Ty Pe - • 65 City Clerk -O�NTOP� i k �QORAre•••• t? 67 ;0;�� • y r APP OV AS � FO' 68 (Corporate Seal) i ►�- SVS 0.1 i ( / 69 ick0R• • \NG 2 • 70 los 19 .. ; Michael D. Cirullo,Jr. 71 �kFLOR\OP City Attorney S:ICAIRESO1AgreementsllLA with CRA and I.case for NOP-Reso.docr 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. 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 and collectively, the "Party"or"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, pursuant to Sections 163.340, 160.345, and 163.370, Florida Statutes, the CRA is empowered to develop and implement community policing innovations, which includes increasing the visible presence of police in the community through citizen contract patrol, neighborhood storefront police stations,and other means; WHEREAS,the CRA has established,in conjunction with the City,a community policing innovation known as the Neighborhood Officer Policing Program("NOP")pursuant to a separate interlocal agreement("NOP Interlocal Agreement");and WHEREAS,the CITY has approved and hereby reaffirms support for the NOP;and WHEREAS, in order to provide a neighborhood storefront police station, the CRA included as part of a separate Development Agreement ("Development Agreement"), attached hereto as Exhibit A, with Wells Landing Apartments, LLC ("Landlord"), limited funding for a development of a NOP office as further described as "Unit#8" or "Unit 8" in the Development Agreement ("NOP Office"), and a requirement that the NOP Office be provided for use by the NOP rent-free as further described in the Development Agreement; and WHEREAS, for purposes of this Agreement the term "Development Agreement" shall mean the Development Agreement as it has been and may be amended from time to time;and (00565126.1 506-9905604) 1 4854-7732-2846,v.2 WHEREAS,the NOP officers are employed by the City and the NOP is operated by the CITY with financial support from the CRA pursuant to a separate interlocal agreement between the City and CRA;and WHEREAS,the CRA and City have determined that both parties will benefit if the City and Landlord enter into a separate lease for the NOP Office("NOP Office Lease");and WHEREAS,concurrent with the execution of this Agreement,the CRA and Landlord are entering into a Second Amendment to Development Agreement to permit the CRA to assign certain rights under the Development Agreement to the City;and WHEREAS,although the NOP Office Lease will be between the City and the CRA,the CRA desires to provide the funding described in the Development Agreement to ensure the presence of a neighborhood storefront police station; WHEREAS, the parties desire to ensure the NOP Office Lease remains rent-free to the City for use by the NOP;and WHEREAS, the CRA and City desire to ensure the NOP's continuous presence in the CRA's boundaries(the"CRA Area");and WHEREAS,the CRA Board finds that this Agreement, and the use of the CRA's funds for the NOP and NOP Office,is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes;and WHEREAS, 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,specifically those in the CRA Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the sufficiency of which both parties hereby confirm and acknowledge, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a) The CRA shall pay the Landlord $100,054.00 ("NOP Office Funding") for costs for architectural, professional design services, and construction of the NOP Office, subject to certain restrictions set forth in the Development Agreement. (00563126.1)06.9905601) 2 4864-7732-2846,v.2 b) The CRA hereby assigns its right to use the NOP Office rent-free, as set forth in the Development Agreement, and agrees to execute such documentation as may be necessary to effectuate this assignment. 3. Obligations of the CITY. a) The CITY shall maintain the NOP Office primarily for use by the NOP, as a neighborhood storefront police station distinct from ordinary police operations,until such time as the CRA is terminated or expires. b) The NOP shall have a at least one NOP officer available to meet at the NOP Office upon request during their assigned working hours,which may change from time to time. c) Except for the NOP Office Funding, the CITY shall pay for the construction, furnishing, equipping, maintenance, utilities, and all other fees and costs necessary to construct and use the NOP Office for the NOP. d) Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director 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 and the required presence of the NOP Officers at the NOP Office. 4. Relationship to NOP Interlocal Agreement. Nothing in this Agreement shall be deemed to replace, terminate, modify or otherwise affect the NOP Interlocal Agreement, as it may be amended from time to time. However, in the event the NOP Interlocal Agreement is terminated, either party may terminate this Agreement upon 30 days' notice to the other party. 5. Limitation on CRA's Responsibilities.The CRA's responsibilities under this Agreement are limited to providing funding to Landlord as specified in Section 2(a) of this Agreement and executing documentation as described in Section 2(b)of this Agreement. 6. 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 (00S63 26 1106-9905604( 3 4854-7732-2846,v.2 equipment installation and removal) associated with the CITY's use of the NOP Office or design or construction thereof. 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. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after upon the termination of the CRA or as otherwise provided for in this Agreement. 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. 8. 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 term of this Agreement and at least I year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 10. 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, provided however, the CRA may not be held in default for failure of Landlord to execute documentation or failure of Landlord to respond to requests for the same. 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 section shall be without prejudice to the rights of 100661126.1 306990560E) 4 4854-7732-2846,v.2 any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. In addition to the other remedies provided herein, in the event the CITY does not use the NOP Office for the NOP or does not maintain a daily NOP presence in the NOP Office, and fails to cure after the notice of default, the CITY shall pay the CRA $100,054.00; plus interest calculated at a rate of 4%per annum. 11. 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. 12. 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. 13. 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 he 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. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. 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. 16. 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. 17. 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 {00563 126 1 306-9903604) 5 4854-7732-2846,v.2 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: Dan Dugger, City Manager CITY of Boynton Beach 100 E. Ocean Avenue Boynton Beach,FL 33435 b. CRA: Thuy Shutt,Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: Michael Cirullo,Jr. Goren,Cherof,Doody& Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Kathryn Rossmell,Esquire Lewis, Longman& Walker,P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. 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. 19. 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 (00563116 1)069905604 6 4854-7732-2848,v.2 document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. 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. 21. Survival.The provisions of this Agreement regarding indemnity,waiver,and termination,and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. [Signatures on following page.] (00563126 1 306-9905634( 7 4854-7732-2848,v.2 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: of .�Po TD.`� �•••••• N `% CITY OF BOYNTON BEACH, ' •' "I F • 1• Florida municipal corporation (j i 1 SEAL \•_'- .� A 1_., ! , ••INCORPORATED: CITYgle� �� 192n ,•• ;�yPe `• A9,— FCORIDP_ Date: S • 3 Approved as to Form: ‘`..�......- 2�Z (SF• L ffice of the CITY • to ey Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY , /jL----' 'te,_ BY:- /.'_� ffice of the CRA Attorney Ty Pens•" ' air Date: S/- Vi o L (00363126.1 306-9905604) 8 4854-7732-2846,v.2 BUSINESS LEASE This AGREEMENT of Lease(this"Lease"), is entered into this 1111 day of 2023, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Sho s (11 rein fter called the "Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter calle a "Lessee" or "Tenant").WITNESSETH,that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,055 square feet Location: 119 E Martin Luther King Jr.Blvd Suite 108 Boynton Beach, FL 33435 Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program ("NOP")Office and for no other purposes or uses whatsoever. Lease Term: Five(5)years subject and conditioned on the provisions of this lease. The Lease should begin July 1,2023 and end June 30,2028.Due to the construction of the retail space, dates may need to be adjusted.Tenant may automatically renew this lease for successive five(5)year periods upon written notice to the Landlord.Tenant agrees and understands that the move-in date is only an approximate date.Total rent payable as follows: Total Rent EACH year is: July 1,2023—June 30,2028: Annual Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents (S0.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM Fee:Not to exceed ($96.71.00) Monthly Total: Zero Dollars and 0 cents ($0.00). In no case shall the total rent described above,plus any additional rent described herein,exceed an amount equal to 0.00 dollars($0.00)per square foot. Acceptance of Premises: Tenant accepts premises in "As Is" & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises,including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy,Certificate of Use,and Business Tax Receipt from City of Boynton Beach and Palm Beach County,as applicable within One Hundred and Twenty(120)days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws,codes, rules and regulations, including but not limited to county/state/federal fire regulations.Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of an interlocal agreement. Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein,Tenant understands and agrees to comply with certain rules that will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation 10035521,-1306-9905604) including matters such as:Parking,signage,trash removal, storage of personal property, loitering Tenant Responsibilities: Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior.Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease, mortgage,pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained;provided, however,that Landlord's consent shall not be unreasonably withheld. In the event of any assignment,transfer or sublease by Tenant,Tenant shall remain liable for the full performance • of each and every covenant and condition hereunder. Landlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws,rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act. Tenant agrees to pay tenant's pro-rata share of Landlord's capital expenditures required under any governmental law,rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord,to its best knowledge,is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety(90)days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty.The cancellation herein mentioned shall be evidenced in writing.Tenant shall not be liable for rent during the time the premises are rendered untenantable. `- 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises, by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if: (1) the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing, of its intention to be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety,comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice 'FOR RENT"at any time within thirty(30)days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions,which do not conform to this Lease or to the rules and regulations of the building. (00555247.I 3069905604) 2 6. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof,so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR. Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing,electric wiring,and other fixtures and interior appurtenances,in good and substantial repair and clean condition at Tenant's own expense--fire, windstorm, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the terms of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit(or units)to the Landlord at the termination of this lease in good working order,reasonable wear and tear excepted.Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty(30)days of execution of this lease. 8. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease, which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity,the Tenant acknowledges that it is self-insured for w_____ eonunereial general liability in the amounts specified in Florida Statutes Section 768.28,as may be amended from time to time. In addition,Tenant maintains a third-party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS.This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11, NOTICE. It is understood and agreed between the parties hereto that written notice by email,certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER.The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 100533:45.1 7064905604 1 3 13. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same. Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the work done on the premises by order of the Tenant, or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the 'Tenant shall, upon demand, pay as additional rent its pro rata share(s)of any sprinkler standby,storm water utility standby, water and/or sewer charges billable to the Landlord for the building(s)of which the demised premises are a part. Landlord represents that,at present,there are no pending charges. 15. BANKRUPTCY.If the Lessee shall become insolvent or if bankruptcy proceedings shall be instituted by or against the Lessee, before the end of this Lease, the Lessor is hereby irrevocably authorized to forthwith cancel this Lease,as for a default. 16. SUBORDINATION.Subject to the provisions of Paragraph 33 below,this Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if . Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord's mortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties,an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute such documents within ten (10) days after written demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the beginning of the Lease and agrees to maintain said premises in the same condition, order, and repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 18. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described shall be at the risk of the Lessee. The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents or employees or by reason of the breakage,leakage,obstruction of the water,sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their original condition (subject to improvements and additions remaining at Lessor's option as described i00555245 I 3( .9906O4) 4 above)and returned to the Lessor in broom-clean condition. 20. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service and this Lease will begin on the date indicated,whether or not the Tenant has been able to successfully arrange for such services. 21. PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in front of the neighboring bays.Tenant appoints Landlord as its attorney-in-fact to remove all vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain on the parking area for a period longer than 48 hours. Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH REMOVED.Tenant shall provide for suitable containers for the collection of trash and other waste.Tenant shall secure the removal of the trash and waste at regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard. In the event the Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant's expense. 23. NO OUTSIDE STORAGE. Tenant shall confine all of its activities to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the demised premises. The parking area shall be used for parking by employees or visitors only. Tenant shall keep the parking area outside its premises free of any waste, trash, or any other debris. No materials,equipment or any items related to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets, cardboard boxes or any other material shall be stored outside at any time. No chemicals, flammable items, toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY. It is understood and agreed that any merchandise, fixtures, furniture or equipment left in the premises when Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishes any right of interest therein. Landlord is authorized to sell,dispose of or destroy same. 25. ESTOPPEL CERTIFICATE. Tenant, upon request of Landlord or any holders of a mortgage against the fee,shall from time to time deliver or cause to be delivered to Landlord or such mortgagee, within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true, that this Lease is valid and existing and in full force, effect that Landlord is not in default under any of the terms of this Lease and such other matters as may be required by Landlord or such mortgagee. Tenant further agrees to pay to Landlord, as additional rent,an amount equal to 1/30 of one month's rent at the monthly rental then obtaining, for each day, if any, in excess often (10)days after such demand that Tenant shall fail to deliver such a certificate as provided for in this clause. 26. HAZARDOUS SUBSTANCES - GENERAL. The term "Hazardous Substances," as used in this Lease shall mean pollutants,contaminants,toxic or hazardous wastes,or any other substances the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any"Environmental Law," which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasigovernmental authority relating to pollution or protection of the environment. Lessee hereby agrees that (i) no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency;(ii)the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") j0o555145 1 306.7905604 I 5 provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii)no portion of the premises will be used as a landfill or a dump;(iv) Lessee will not install any underground tanks of any type;(v)Lessee will not allow any surface or subsurface conditions to exist or come into existence that constitute,or with the passage of time may constitute a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it he determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within 24 hours, Lessor shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the premises is found to be so contaminated or subject to said conditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Lease. 27. LANDLORD'S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms of this Lease is limited to the interest of the Landlord in the building, and the Tenant agrees to look solely to the Landlords interest in the building for the recovery of any judgment. 28. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29. ATTORNEY'S FEES. If either party becomes a party to any litigation concerning this Lease, the premises, or the building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives,and not by any act or omission of the party or its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and expense incurred by it in connection with said litigation including available appeals thereof. 30. WAIVER OF TRIAL BY JURY. Tenant and Landlord hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by jury in respect to any litigation based thereon, or arising out of, under or in connection with this instrument and any agreement contemplated to be executed in conjunction herewith or any course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain,or sold under the threat of the exercise of said power(all of which are herein called "condemnation'), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs;provided that if so much of the premises or project are taken by such condemnation as would substantially and adversely affect the operation and 10055524,1306-9900604) 6 profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking(or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety (90)days, Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages,or as damages for tenant improvements; provided, however, that Tenant shall be entitled to any separate award for loss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation,repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section,Landlord shall have no liability to Tenant for interruption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises,or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed,the day and year above written. Signed,sealed and delivered in the presence of: Witness as to Landlord: Landlord: Wells Landinl : p•,: ents LLC d/b/a The Heart of Boynto o?: Lewis Swezy, Manager of Manan, By: — _ By: . Air i Date: Da - /G/GN dr J 2 Wor Witness as to Tenant: / Tenant Name: City of Boynton Beach I —rile4? Date: i a . �� Date: t 100555145.1 306-9905604 7 Memo To: Daniel Dugger, City Manager From: Stacey R. Weinger, Deputy City Attorney '1(-) Date: June I , 2024 Dept. CRA Matter# 24-0476 Re: Wells Landing Apartments LLC dba The Heart of Boynton Shops Unit 8 Business Lease Transmitted herewith are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. The City Manager is authorized to execute these documents in accordance with: Commission Approval. Resolution No. R23-064 To: Office of the City Clerk Please take the actions indicated below with respect to these documents: 0 Attest to the execution of the Agreement by the City Manager. 0 Insert the date of execution beneath the City Manager's signature (if not already dated). Expiration Date: May 31, 2029 This version of the Lease replaces the Lease dated May 16, 2023 Please retain one original as a public record and forward a copy of the fully-executed document to: Bonnie Nicklien, CRA To: Bonnie Nicklien, CRA Please forward the fully-executed document to the other party. Thank you. BUSINESS LEASE This AGREEMENT of Lease(this"Lease"), is entered into this 4 day of ZSC.\.Lx-vQ__ 2024, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Shops (hereinafter called the "Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter called the "Lessee" or "Tenant"). WITNESSETH,that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,055 square feet • Location: 137 NE 106 Avenue Suite 108 Boynton Beach, FL 33435 • Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program ("NOP") Office and for no other purposes or uses whatsoever. Lease Term: Five(5)years subject and conditioned on the provisions of this lease. The Lease should begin June 1,2024 and end May 31,2029.Due to the construction of the retail space, dates may need to be adjusted.Tenant may automatically renew this lease for successive five(5)year periods upon written notice to the Landlord.Tenant agrees and understands that the move-in date is only an approximate date. Premises are available to Tenant as of the date of issuance of residential TCO. Total rent is payable as follows: Total Rent EACH year is: June 1,2024-May 31,2029: Annual Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents ($0.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM Fee: Not to exceed ($96.71) Monthly Total: Zero Dollars and 0 cents ($0.00). In no case shall the total rent described above, plus any additional rent described herein,exceed an amount equal to 0.00 dollars ($0.00)per square foot. Acceptance of Premises: Tenant accepts premises in "As Is" & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises, including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy,Certificate of Use, and Business Tax Receipt from City of Boynton Beach and Palm Beach County,as applicable within One Hundred and Twenty(120) days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws, codes, rules and regulations, including but not limited to county/state/federal fire regulations.Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of an interlocal agreement. Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein, Tenant understands and agrees to comply with certain rules that (00555245.1 706-9905604 1 will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation including matters such as:Parking, signage,trash removal,storage of personal property, loitering Tenant Responsibilities: Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior. Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease, mortgage, pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained; provided,however,that Landlord's consent shall not be unreasonably withheld. In the event of any assignment, transfer or sublease by Tenant, Tenant shall remain liable for the full performance of each and every covenant and condition hereunder. Landlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws, rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act. Tenant agrees to pay tenant's pro-rata share of Landlord's capital expenditures required under any governmental law, rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord,to its best knowledge, is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the premises are rendered untenantable. 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises, by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if: (1) the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing, of its intention to be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice `FOR RENT"at any time within thirty(30)days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this Lease or to the rules and regulations of the building. (0055524$.1 306-99066011 2 6. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof, so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR. Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing, electric wiring, and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Tenant's own expense--fire, windstorm, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the tenns of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit (or units)to the Landlord at the termination of this lease in good working order,reasonable wear and tear excepted. Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty(30)days of execution of this lease. 8. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease. which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity, the Tenant acknowledges that it is self-insured for commercial general liability in the amounts specified in Florida Statutes Section 768.28, as may be amended from time to time. In addition,Tenant maintains a third-party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS. This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11. NOTICE. It is understood and agreed between the parties hereto that written notice by email, certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER. The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (00555245 1706-9905604 I 3 13. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same. Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the work done on the premises by order of the Tenant, or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the Tenant shall, upon demand, pay as additional rent its pro rata share(s) of any sprinkler standby, storm water utility standby, water and/or sewer charges billable to the Landlord for the building(s) of which the demised premises are a part. Landlord represents that,at present,there are no pending charges. 15. BANKRUPTCY. If the Lessee shall become insolvent or if bankruptcy proceedings shall be instituted by or against the Lessee, before the end of this Lease, the Lessor is hereby irrevocably authorized to forthwith cancel this Lease,as for a default. 16. SUBORDINATION. Subject to the provisions of Paragraph 33 below, this Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord's mortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties,an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this I,ease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute such documents within ten (10) days after written demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the beginning of the Lease and agrees to maintain said premises in the same condition, order, and repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 18. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described shall be at the risk of the Lessee. The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents or employees or by reason of the breakage, leakage, obstruction of the water, sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their (00555245.13069905604) 4 original condition (subject to improvements and additions remaining at Lessor's option as described above)and returned to the Lessor in broom-clean condition. 20. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service and this Lease will begin on the date indicated, whether or not the Tenant has been able to successfully arrange for such services. 21. PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in front of the neighboring bays. Tenant appoints Landlord as its attorney-in-fact to remove all vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain on the parking area for a period longer than 48 hours. Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH REMOVED. Tenant shall provide for suitable containers for the collection of trash and other waste. Tenant shall secure the removal of the trash and waste at regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard. In the event the Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant's expense. 23. NO OUTSIDE STORAGE. Tenant shall confine all of its activities to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the demised premises. The parking area shall be used for parking by employees or visitors only. Tenant shall keep the parking area outside its premises free of any waste, trash, or any other debris. No materials,equipment or any items related to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets, cardboard boxes or any other material shall be stored outside at any time. No chemicals, flammable items, toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY. It is understood and agreed that any merchandise, fixtures, furniture or equipment left in the premises when Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishes any right of interest therein. Landlord is authorized to sell,dispose of or destroy same. 25. ESTOPPEL CERTIFICATE. Tenant, upon request of Landlord or any holders of a mortgage against the fee, shall from time to time deliver or cause to be delivered to Landlord or such mortgagee, within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true, that this Lease is valid and existing and in full force, effect that Landlord is not in default under any of the terms of this Lease and such other matters as may be required by Landlord or such mortgagee. Tenant further agrees to pay to Landlord, as additional rent, an amount equal to 1/30 of one month's rent at the monthly rental then obtaining, for each day, if any, in excess often (10) days after such demand that Tenant shall fail to deliver such a certificate as provided for in this clause. 26. HAZARDOUS SUBSTANCES - GENERAL. The term "Hazardous Substances," as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any "Environmental Law," which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasigovemmental authority relating to pollution or protection of the environment. Lessee hereby agrees that (i) no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (ii) the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such }00555II5.1306.9905603} 5 materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii) no portion of the premises will be used as a landfill or a dump; (iv) Lessee will not install any underground tanks of any type;(v) Lessee will not allow any surface or subsurface conditions to exist or come into existence that constitute,or with the passage of time may constitute a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within 24 hours, Lessor shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the premises is found to be so contaminated or subject to said conditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Lease. 27. LANDLORD'S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms of this Lease is limited to the interest of the Landlord in the building, and the Tenant agrees to look solely to the Landlords interest in the building for the recovery of any judgment. 28. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29. ATTORNEY'S FEES. If either party becomes a party to any litigation concerning this Lease, the premises, or the building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives, and not by any act or omission of the party or its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and expense incurred by it in connection with said litigation including available appeals thereof. 30. WAIVER OF TRIAL BY JURY. Tenant and Landlord hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by jury in respect to any litigation based thereon, or arising out of, under or in connection with this instrument and any agreement contemplated to be executed in conjunction herewith or any course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain, or sold under the threat of the exercise of said power(all of which are herein called "condemnation'), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs; provided that if so much of the premises or X005552451 306-4905604 1 6 project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking(or in the absence of such notice, within thirty(30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety (90) days, Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages, or as damages for tenant improvements; provided, however,that Tenant shall be entitled to any separate award for loss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation, repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section, Landlord shall have no liability to Tenant for interruption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises,or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed,the day and year above written. Signed,sealed and delivered in the presence of: Witness as to Landlord: Landlord: Wells Lan,' g Apartments LLC d/b/a The Heart of Bo ./ ops by Lewis Swezy, Manager of Ma r r Date: !/: L L'z y Dat fAtiffiri")2-A( Witness :L. to Tenant: Tenant Name: City of Boynton Bea h Panie Dugger, 7'7'77n r Date: IINF .i Date: b ��. .. .-�QY N TON ‘1 ( I"rl' A NEY'S OFFICE O .�t1P�Rl&... •��� Approved• f ltd legality SEAL . ,r By 2 St. ry R.Weinger, 100155245 11069905604 D :INCORPORATED 7 Deputy City Attorney t, •• 1920 ,: t • ••• • '� FLORIO _- EXHIBIT B NOP Office Buildout Budget Name Model Unit Price Units Extended Price BBCRA BBPD BBCRA Cost BBPD Cost Tenant Buildout $155,874.71 1 $155,874.71 1 $155,874.71 $0.00 Ext.Camera 6.0c-h5a-dp1-IR $1,034.43 2 $2,068.86 1 $2,068.86 $0.00 Int.Camera 12w-h5a-fe-dol-IR $951.74 2 $1,903.48 1 $0.00 $1,903.48 NVR NVR4x-std-24tb-s16-na $11,929.63 1 $11,929.63 1 $11,929.63 $0.00 Ext.Camera Mount acc7-ent-h4a-mt-walll $60.40 2 $120.80 1 $120.80 $0.00 Life Safety Power(Doors/Readers)* ac-Isp-8dr-mer-Ick $678.69_ 1 $678.69 1 0 $678.69 $0.00, Intelligent Controller(Doors and readers)* ac-mer-cont-Ip1502 $1,059.18 1 $1,059.18 0 1 $0.00 $1,059.18 Reader interface(Doors and readers)* ac-mer-con-mr52-s3b $583.24 1 $583.24 0 1 $0.00 $583.24 Network Comm Module remote(Fire) ac-Isp-n14 $325.36_ 1 $325.36 1 $325.36 $0.00 Card Reader AC-HID-READER-SIGNO. $565.65 4 $2,262.60 1 $0.00 $2,262.60 28 port switch CBS350-24FP-4G-NA $1,604.68 1 $1,604.68 1 $1,604.68 $0.00 Master Tech(labor) Master Tech(GSA) $110.83 160 $17,732.80 1 $17,732.80 $0.00 System Design Engineer(labor) System Design Engineer( $110.83 16 $1,773.28 1 $1,773.28 $0.00 Project Manager(labor) Project manager(GSA) $110.83 34 $3,768.22 1 $3,768.22 $0.00 Alarm Service 1-yr(Operating) Miscellaneous $3,987.43 1 $3,987.43 1 $3,987.43 $0.00 Door Access control pre-build Miscellaneous $879.34 4 $3,517.36 1 $0.00 $3,517.36 Rack and Battery backup Miscellaneous $1,982.45 1 $1,982.45 1 $1,982.45 $0.00 Labor Camera/Reader/Programming/Wiring Miscellaneous $4,783.00 1 $4,783.00 0.5 0.5 $2,391.50 $2,391.50 Furniture, Fixtures,and Equipment Miscellaneous $20,260.00 1 $20,260.00 0 1 0 $20,260.00 Total $204,238.41 $31,977.36 Final Proposal RS CONSTRUCTION OF DADE, INC. Date:12/544 CGC 040308 7735 NW 146TH STREET,SUITE 306 MIAMI LAKES, FL 33016 305-821-0330 Proposal For:WORK TO UNIT 108 HOB NOP OFFICE SPACE 137 NE 10th Avenue-Unit 108 Boynton Beach,Florida 33125 Scope of Work111111111111116--1. All Labor &Materials for the Interior Built-Out for Unit#108 according to plans by The Construction&Architecture Group,Inc,final plans Schedule of Value Drywall &Drywall Finish $ 20,500.00 ARMORTEX BULLET-RESISTANCE FIBERGLASS PANELS- $ 6,000.00 ALLOWANCE -NEED LEVEL OF SECURTY&THICKNESS Acoustical Tile $ 5,785.00 Insulation $ 2,200.00 Doors&Hardware $ 6,900.00 STORE FRONT GLASS DOOR WITH SIDELIGHTS $ 5,874.00 Painting $ 2,200.00 Flooring &Tile-AS PER TILE PROPOSAL $ 6,149.20 FRP PANEL $ 750.00 Cabinets&Tops AS PER PROPOSAL $ 5,000.00 HVAC-Mechanical System $ 18,830.00 Plumbing&Plumbing Fixtures $ 14,631.00 Fire Sprinklers S 4,278.00 Electrical,Main Panels (COPPER SEED) $ 24,050.00 Light Fixtures $ 4,800.00 Fire Alarms $ 4,500.00 Appliances S 910.00 Specilaties-Handicap Requirements In Bathrooms S 2,375.00 Rough&Final Cleaning $ 1,000.00 SubTotal $ 136,732.20 GC FEE-14% S 19,142.51 TOTAL CONSTRUCTION COST $ 155,874.71 Intercom System &Camera System By Tenant Communication System&Wi-Fi System By Tenant This proposal includes all fees,materials,labor,over head&profit until we received the final permit set. CRR H ôN 2 vi3GE1 v •PPoRi= NCS '.0 0 04. MEPNIPS colo ) ��-- Estimate F3PnAC]CAST Date Estimate# SYSTEMS 290 SW 12th Ave.,Suite 1 3/27/2023 5347 Pompano Beach,FL 33069 EC 13009779 Estimate Valid For: 30 DAYS Name I Address Project Site City of Boynton Beach 119 E. Martin Luther King Blv Financial Services Department Boynton Beach,Florida PO Box 310 Boynton Beach,FL 33425-0310 Item Description Qty Rate Total GSA Contract# 6.0C-H5A-DPI-IR 6.0 MP WDR;LightCatcher;Day/Night;Pendant 4 1,034.43 4,137.72 Dome;4.9-8mm f/1.8 P-iris lens;Integrated IR; Next-Generation Analytics. Must use with a H4A-MT-Wall l or H4A-MT-NPTA 1. 12.0W-H5A-FE-D01-IR 12.0 MP;Fisheye Dome Camera; Day/Night; 2 951.74 1,903.48 WDR; I.6mm f/2.0;Next-Generation Analytics; Integrated IR NVR4X-STD-24TB-S16-NA NVR4X Standard 24TB 2U Rack Mnt; Windows 1 11,929.63 11,929.63 Server 2016;NA ACCT-ENT ACC 7 Enterprise camera channel 6 232.75 1,396.50 H4A-MT-WALL1 Wall mount bracket for use with H5A/H4A 4 60.40 241.60 pendant dome cameras This is an estimate only,not a contract.This estimate is completing the job listed above based on our evaluation.It does not include unforseen price increases,discontinued products or additional labor and materials which may be required should problems arise. Phone# E-mail Follow us on Instagram (561)578-4964 adminnbroadcastsystemsinc.com Broadcast_Systems Page 1 (f14/4 Estimate Date Estimate# SYSTEMS 290 SW 12th Ave.,Suite 1 3/27/2023 5347 Pompano Beach,FL 33069 EC 13009779 Estimate Valid For: 30 DAYS Name I Address Project Site City of Boynton Beach 119 E. Martin Luther King Blv Financial Services Department Boynton Beach,Florida PO Box 310 Boynton Beach,FL 33425-0310 Item Description Qty Rate Total AC-LSP-8DR-MER-LCK Eight Door Mercury Dual Voltage Integrated 1 678.69 678.69 Power System supporting one AC-MER-CONT-2DR with three AC-MER-CON—MR52(Mercury hardware sold separately).The advantage of a dual voltage power supply is the ability to power both Mercury boards and door locks from the same supply. Includes a painted steel enclosure; removable pre drilled back plate; controller standoffs and mounting screws and a 150 watt 12V/4A and 24V/4A power supply-battery charger.The power supply is pre-wired to eight Class 2;Power Limited (CL2PL)outputs(D8P Board)delivering a regulated independent power connection to each Mercury board and eight fused output(C8 Board) for independent relay lock power. The power supply features dual outputs(12&24volts DC); form 'C' fault relay contacts; a fire alarm input and network interface(interface module sold separately)to enable monitoring; reporting and control of the power system from Access Control Manager(ACM)link. Battery space for two 12V; 8Ah batteries is available in cabinet. Cabinet size: 20"x 24" x 6.5" with door lock and two(2)keys. Weight 25 lb.(LifeSafety Power Part Number: FPO 150-B 100C8D8PE4M ) This is an estimate only,not a contract.This estimate is completing the job listed above based on our evaluation.It does not include unforseen price.increases,discontinued products or additional labor and materials which may be required should problems arise. Phone# E-mall Follow us on Instagram Broadcast Systems (561)578-4964 admin@broadcastsystemsinc.com Broadcast_ Systems 2 Estimate 1:3120.(. - 1 C A S T Date Estimate# SYSTEMS 290 SW 12th Ave.,Suite 1 3/27/2023 5347 Pompano Beach,FL 33069 EC13009779 Estimate Valid For. 30 DAYS Name I Address Project Site City of Boynton Beach 119 E. Martin Luther King Blv Financial Services Department Boynton Beach,Florida PO Box 310 Boynton Beach, FL 33425-0310 Item Description Qty Rate Total AC-MER-CONT-LP1502 Intelligent Controller; Linux Based with 2 doors; 1,059.18 1,059.18 8 inputs and 4 outputs; expandable up to 64 doors. (Mercury Part#:LP1502) AC-MER-CON-MR52-S3B HID®MercuryTM MR52-S3B Controller Serial 1 583.24 583.24 UO Dual Card Reader Interface;2-Reader Interface Module-(2 reader: mag;wiegand;4 reader OSDP; 8 inputs;6 relays)(Mercury MR52-S3B) AC-LSP-NL4 The NL4 Network Communication Module 1 325.36 325.36 communicates and controls power status over a local or wide area network to Access Control Manager(ACM).Provides four SPI ports for connection of one or two power supplies to enable monitoring; reporting and control of the power system.Enables remote testing of two battery sets (12 and 24VDC).Recommended for use with dual voltage systems requiring independent FPO power supplies(i.e. sixteen door dual voltage systems).(LifeSafety Power Part Number:NL4) AC-HID-READER-SIGNO... AC-HID-READER-SIGNO-40KNKS-00-000000 4 565.65 2,262.60 Signo40K,Wall mount w/Keypad, 13.56mHz &125kHz,OSDP/Wiegand,Pigtail, Mobile Ready, BLE CBS350-24FP-4G-NA 28-port Gigabit Managed Switch(24 PoE+budget 1 1,604.68 1,604.68 370W;4 Gigabit SFP)-NA Master Tech(GSA) Master Technician(GSA) 160 110.83 17,732.80 System Design Engineer(G... System Design Engineer(GSA) 16 110.83 1,773.28 Project manager(GSA) Project manager(GSA) 34 110.83 3,768.22 This is an estimate only,not a contract.This estimate is completing the job listed above based on our evaluation.It does not include unforseen price increases,discontinued products or additional labor and materials which may be required should problems arise. Phone# E-mail Follow us on lnstagram Broadcast_Systems (56I)578-4964 admin@broadcastsystemsinc.com Page 3 tft, Estimate Date Estimate# S Y S T E M S 290 SW 12th Ave.,Suite 1 3/27/2023 5347 Pompano Beach,FI,33069 - EC 13009779 Estimate Valid For. 30 DAYS Name I Address Project Site City of Boynton Beach 119 E. Martin Luther King Blv Financial Services Department Boynton Beach,Florida PO Box 310 Boynton Beach, FL 33425-0310 Item Description Qty Rate Total Open Market Items Miscellaneous Alarm system with 1 year of service included 1 3,987.43 3,987.43 Miscellaneous door access control pre-build 4 879.34 3,517.36 Miscellaneous Rack and battery backup 1 1,982.45 1,982.45 Miscellaneous Wire and other instalation materials. 1 4,783.00 4,783.00 SOW;Labor to install 4 cameras on the exterior and 2 cameras on the interior. Labor install 4 doors of access control.Techs will install all locking mechanism and readers.Labor to program the doors in the system and back-haul data to PD via City it programing. labor with wire to the 5 desk locations with 2 CAT6 cables.Labor to wire to the printer.Labor to wire 2 data drops in the conference room. labor to wire 2 wireless AP locations.Labor to install a bugler alarm with 4 door sensors,2 tritech sensors.Labor to install rack,battery backup, and other related items. This is an estimate only,not a contract.This estimate is completing the job listed above based on our Subtotal $63,667.22 evaluation.It does not include unforseen price increases,discontinued products or additional labor and materials which may be required should problems arise_ SalesTax(0.0%) $0.00 Phone# E-mail Follow us on Instagram Broadcast_Systems Total $63,667.22 (561)578-4964 admin(abroadcastsystemsine.com Page 4 y, 0 OGE----1 1-. 1 c2()*(32- Burdelski, Steven rt.; L At, E l-:L.-7n,f� C From: Slocombe, Anderson Sent: Tuesday, March 28, 2023 11:57 AM To: Burdelski, Steven Subject: BB PD Office at MLK Blvd. Attachments: SKM_C55823032811320.pdf Captain, Please see the attached proposed sketch for furniture layout and note the following: 1. I show a multi-person work desk/station (4)with a pedestal (see image shown below—note the image is for a 3 person set-up. Privacy panels can be added between stations if desired. 2. Please note that additional stations can be added to the space-is needed. With regards to a budget for furniture at the above referenced offices please note the following: 1. 4 work stations w/pedestals $ 5,400.00 2. 4 task chairs $ 1,600.00 3. 1 Conference Table (4x8) $ 900.00 4. 8 conference chairs $4,000.00 5. 4 Lobby chairs $ 1,200.00 6. 2 Small tables $ 500.00 7. 2 Storage cabinets $ 1,200.00 Sub-total $14,800.00 Contingency (20 '0) $ 2,960.00 Delivery/install (allowance) $ 2,500.00 Total $20,260.00 I think that$20k would be a good number to be used for a budget. We can always shop around for less expensive furniture. Hope this helps. Thanks! !fa rtli Anderson Slocombe Temporary Employee 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 • 561-742-6985 SlocombeA@bbfl.us boynton-beach.org/ TpN Follow us on © 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. 2 L_______ 1 1 D I 1 In________,lg __, 1 4 t.T/ LE&. tIrril 'Pw oll. • � D. 1 1i 3 1 1 aL r• 11).. a �e8 Y o 44-----116=1E4m.us Or3K, 71_),!-- --- fgo ev �warfuata.1 Sb Qty oFF�aE - -- Cit gt. BLvfl. •Project CRA Police Office Scope of Work(SOW): Procurement,Installation and Configuration of IT Equipment for CRA office located at 119 E Martin King Blvd,Suite 108. Note: The below are preliminary estimates. Stakeholder Requirements: Security System visible at PD—at least four exterior cameras and 2 interior cameras Alarm for the space Access control pads for the front and side doors 4 laptop docking stations&four monitors High speed Printer and copier combination that Is WIFI enabled(this can be a desk top version) Low voltage entry door panels for two doors that will work with our access cards Equipment Vendor Total Notes Security&Access Control Equipment Broadcast Systems $ 65,000.00 Includes Alarm,Camera,Access Control and Installation Network Equipment StepCG $ 20,000.00 Access Point,Switch,Router,and Professional Services Internet Services Comcast $ 2,000.00 Cost for 1 year of service. Contract Terms are for 3 years. Laptop Docking Station GovDirect $ 1,600.00 Panasonic Docking Station for FZ-55 model Monitors Dell $ 1,000.00 4 x 24in Monitors Printer/Copier Konica $ 500.00 Leased Copier-500 per year(4 year term) Total Cost-Year 1 $ 90,100.00 Recurring Cost $ 3,400.00 Internet Costs,Copier Lease,Security Services per year. 3/29/23,2:14 PM Dell-Cart US/EN Back W.kom.tora'••Kis on powentt twit now op fin SUes or nueatiorat..ren SK'D i1 itCO Eco Chat tow.,odtcanvenvvh/ro•4artusl Cart Sign-in to view saved Carts(f)(1Ds://www deg.corn/identltyL9lohaVin/9bd79565-a75c-4Qac-9396- Cd3 3 647 ae 4247red irectUrl=htt p s%3 a%2f%2 fwww.d el l.c om%2f e n- w,•11.4.. I. 1'.4. .r ,a: _ ='1: _ . „ =1• Want tree expedited shipping?Create an account on the next page and sign up far Deli Rewards. Coupons Enter Coupon Chat wih an agent(Gwww dell com/errus/lolrhah line-witteoroduct-esaert)for additional help. Estimated Total $192.56 (4 Items): Get up to 12 months special financing with min. purchase,plus fell Rewards.• Pain niece fhttosilwww dell conVereus/lo/delF SDaDsan9-Slatalla)I11RfiltOS a I//www.deecorn/financing/c omnVdoamarcom? e-dhu3J encu 198c=usSgtyp a pa&dtsref=tro-aJF alFaoosik9tsr Dda&cii•sLt6C•, .. . u.r.. 'U 2 ...•. u .. Rp%2Fcan1 r Yy/ 141 tam Quant* Prim Dell Pro Wireless Keyboard 4 „ $239.96 and Mouse-KM5221W -C^ve/pr ler Bamheta ► View full sixes . ►Show savinas Item Toot 8179.96 FREE daavey bJ Flday Mar 31 If ordered by 2 PM CT. •Get the Best Deal at Dell with Financing_O. QOM up to 12 monis special financing wok min.purchasej) 03%back in Dell RewardaL0 Q 850 Blow Deli Rewardet)for new accounts. Personal Financing &seinen Financing G?t low rnonthiy payments and access to Access to large IT-dedicated lines of aedit' special financing offers" Apply I.' A y. .r._: er.a ,Imr•.,.,::c/ ..an,c-.r.:.:.unn..o.a4►wnu�e:4t��aa(e*9ct Learn mote h t c ...•. ... .n ... r• , • r . . n lur .. uu :1. • I i:. ... ►Dell Rewards Subtotal(4 Items) $179.96 Shipping Free Estimated Tex_ Change $12.60 Estimated Total $192.56 Gat It by ILI Mon,Apr 03,2023 Gel up to 12 months special financing with min.purchase plus Dell Rewards https://www.dell.com/en-us/cart 3/5 WELLS LANDING Date:2/17/2023 Unit #8 SCOPE OF WORK: 1. Handicap Bathroom 6'x 6" Bathroom with all handicap requirements 2.Kitchenette 6 Linear ft ft of cabinet Top&Bottom with sink 3.Acoustical Ceiling 2"X4"Acostical Tile&Grids-Fire Rated 4.Drywall Per Layout Conference Room &Lobby 5. Doors&Hardware All Doors&trim including baseboards,hardware 6.Flooring Ceramic Tile 7.Complete Paint Paint All Walls&Finish Carpentry 8.Fire Sprinkler System per code Complete Sprinkler System Based on Code Requirments 9.Insulation All Wall Insualtion required for sound&heat 10. Plumbing per code All Plumbing System including drainage,water pipe &fixtures 11.Plumbing-Water Meter Submeter for water 12.HVAC Mechanical per code Complete A.C.System including 2 ton Unit&Ductwork 13.Electrical-per code Complete Electrical System Including Fire Alarm,Panels&Wiring 14.Light Fixtures Light Fixtures-Lay-In florescent,smoke dectors,exit signs 15.Rough&Final Cleaning Two Cleaning-Rough&Final 16.Laminate Glass Wall Glass Wall 17 Reinforced Ballistic Wall Ballistic Wall PRELIMANARY ESTIMATE Cost Code ITEM SUBCONTRACTOR Total Cost 0100-025 Cleaning RMV CLEANING $ 800.00 0600-030 Cabinets-BATH&Kitchen Ashmandy Kitchen Cabinets $ 1,645.00 0700-015 Insulation LEED Insulation $ 1,775,00 0800-003 Doors&Hardware/Millwork Complete Door&Trim $ 1,500.00 0900-010 Drywall&Acoustics Hurricane Drywall $ 8,950.00 0900-015 Acoustical Ceiling Bergola $ 6,420.00 0900-030 Flooring General Property Construction $ 6,745.00_ 0900-045 Painting A.L Waterproofing&Paint $ 2,750.00 1000-001 Laminate Glass Wall&Doors Alfa Glass $ 5,874.00 1000-009 Reinforced Ballistic Wall Hurricane Drywall $ 7,898.00 1000-001 Bathroom Accessories Complete Door&Trim $ 585.00 1500-005 Fire Sprinkler System Sprinklermatic $ 4,278.00 1500-020 Plumbing Ridgeway Plumbing _ $ 8,750.00 1500-045 Plumbing-Water Meter !USA $ 425.00 1500-030 HVAC Mechanical Best Air Conditioning $ 11,750.00 1600-005 Electrical&Fire Alarm Becal Electric $ 14,785.00 1600-025 Ught Fixtures Becai Electric $ 1,987.00 SUB TOTAL $ 86,917.00 General Contractors Fee(14%) $ 12,168.38 GRAND TOTALS $ 99,085.38 NOTE: FINAL ESTIMATE UPON FINAL DRAWING& &SCOPE OF WORK. THE COST OF CONSTRUCTION MATERIAL&LABOR CONITINUES TO INCREASE EVERY MONTH 3/29/2023 . ..r.