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Agenda 01-18-24
1.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Roll Call 5.Agenda Approval 6.Legal 7.Informational Items and Disclosures by Board Members and CRA Staff: 8.Announcements and Awards 9.Public Comments Community Redevelopment Agency Board Meeting Thursday, January 18, 2024 - 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and GoToWebinar Online Meeting 561-737-3256 AGENDA A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda The public comment section of the meeting is for public comment on items on the consent agenda or items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. 1 10.Consent Agenda A.CRA Financial Report Period Ending December 31, 2023 B.Approval of the CRA Board Meeting Minutes for December 12, 2023 C.Approval of the Commercial Property Improvement Grant Program in the Amount of $25,000 to Dimensional Health Care LLC located in Casa Costa at 458 N. Federal Highway, Unit 5 D.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $19,176 to Dimensional Health Care LLC located in Casa Costa at 458 N. Federal Highway, Unit 5 11.Pulled Consent Agenda Items 12.CRA Advisory Board 13.Old Business A.Audited Financial Statements - FY 2022-2023, Fiscal Year Ended September 30, 2023 B.Third Quarterly Progress Report from Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project C.Quarterly Progress Report from BB QOZ, LLC for the 115 N. Federal Highway Mixed-Use Project (aka The Pierce) D.Discussion and Consideration of Lease Amendment between Boynton Beach CRA and Cafe Barista, Inc. d/b/a Hurricane Alley E.Status Update on Development Project with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue - TABLED 11/13/2023 F.Consideration of Candidates for Selection of New Executive Director G.Discussion and Consideration of a Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program 14.New Business A.Discussion and Consideration of a Request for Proposals for Property Appraisal Services B.Discussion and Consideration of Purchase of 1111 S. Federal Highway C.Discussion and Consideration of Purchase of 703 S. Federal Highway D.Discussion and Consideration of Purchase of Lot 348-350 NW 11th Avenue 15.CRA Projects in Progress A.Social Media & Print Marketing Update B.CRA Economic & Business Development Grant Program Update A. Pending Assignments B. Reports on Pending Assignments 2 C.MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - January 2024 16.Future Agenda Items A.Update on Discussion and Consideration of the Responses to the Second RFP/RFQ for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard - February B.Discussion and Consideration of First Amendment to the Interlocal Agreement (ILA) for Technical Support Services with the City of Boynton Beach C.Discussion and Consideration of an Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program 17.Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 3 •Attachment I - December 2023 Financial Summary COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 CONSENT AGENDA AGENDA ITEM 10.A SUBJECT: CRA Financial Report Period Ending December 31, 2023 SUMMARY: CRA Financial Services staff is providing the CRA Board with the December 31, 2023 (Attachment I): Statement of Revenues, Expenditures and Changes in Fund Balance Report, and Budget Comparison Schedule - General Fund. FISCAL IMPACT: FY 2023-2024 Annual Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2023-2024 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget reports for the period ending December 31, 2023. ATTACHMENTS: Description 4 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 21,707,867 - - 21,707,867 Marina Rent & Fuel Sales 439,469 - - 439,469 Contributions and donations - - - - Interest and other income 95,566 123,713 4,494 223,773 Total revenues 22,242,901 123,713 4,494 22,371,109 EXPENDITURES General government 1,188,838 - - 1,188,838 Redevelopment projects - 2,424,536 - 2,424,536 Debt service:- Principal - - - - Interest and other charges - - - - Total expenditures 1,188,838 2,424,536 - 3,613,374 21,054,063 (2,300,823) 4,494 18,757,734 OTHER FINANCING SOURCES (USES) Funds Transfers in - 15,460,741 2,135,817 17,596,558 Funds Transfers out (17,596,558) - - (17,596,558) Total other financing sources (uses) (17,596,558) 15,460,741 2,135,817 - Net change in fund balances 3,457,505 13,159,918 2,140,311 18,757,734 Fund balances - beginning of year 4,460,185 13,283,370 176,014 17,919,569 Fund balances - end of year 7,917,690 26,443,288 2,316,325 36,677,303 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. Excess (deficiency) of revenues over expenditures BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Statement of Revenues, Expenditures and Changes in Fund Balances Through Year to Date - December 31, 2023 (A Component Unit of the City of Boynton Beach, Florida) The notes to the basic financial statements are an integral part of this statement. 1 5 Original Budget Final Budget Actual REVENUES Tax increment revenue 21,496,558$ -$ 21,707,867 Marina Rent & Fuel Sales 1,100,000 - 439,469 Interest and other income - - 95,566 Other financing sources (uses) - - - Total revenues 22,596,558 - 22,242,901 EXPENDITURES General government 5,000,000 - 1,188,838 Total expenditures 5,000,000 - 1,188,838 17,596,558 - 21,054,063 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (17,596,558) - (17,596,558) Total other financing sources (uses) (17,596,558) - (17,596,558) Net change in fund balances -$ -$ 3,457,505 Fund balances - beginning of year 3,800,776 Fund balances - end of year 7,258,281 Excess of revenues over expenditures BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund Through Year to Date - December 31, 2023 The notes to the basic financial statements are an integral part of this statement. 1 6 1/2/2024 2:09:23 PM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 12/01/2023 - 12/31/2023 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS 211,309.00-21,707,867.00-13,801,823.00-7,906,044.00-21,496,558.000.00 0.98% 01-42115 MARINA RENTS -63,641.60-36,358.40-12,090.00-24,268.40-100,000.000.00 -63.64% 01-42116 MISCELLANEOUS RENTS FRO PROPER 63,587.51-63,587.51-21,179.17-42,408.340.000.00 0.00% 01-42117 MARINA FUEL SALES -664,011.82-335,988.18-81,813.28-254,174.90-1,000,000.000.00 -66.40% 01-42118 MARINA MISC INCOME 3,534.56-3,534.56-1,751.28-1,783.280.000.00 0.00% 01-46100 INTEREST INCOME 42,987.61-42,987.61-29,223.49-13,764.120.000.00 0.00% 01-47200 IN KIND REVENUE 32,733.51-32,733.51-10,911.17-21,822.340.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 19,844.45-19,844.45-7,213.37-12,631.080.000.00 0.00% Revenue Totals:0.00 -22,596,558.00 -8,276,896.46 -13,966,004.76 -22,242,901.22 -353,656.78 -1.57% Expense 01-51010-200 CONTRACTUAL EXPENSE 42,985.752,032.001,016.001,016.0045,017.750.00 95.49% 01-51010-216 ADVERTISING & PUBLIC NOTICES 8,000.000.000.000.008,000.000.00 100.00% 01-51010-225 ASSOC. MEETINGS & SEMINARS 23,932.504,612.500.004,612.5028,545.000.00 83.84% 01-51010-227 DELIVERY SERVICES 111.00139.000.00139.00250.000.00 44.40% 01-51010-310 OFFICE SUPPLIES 400.000.000.000.00400.000.00 100.00% 01-51230-100 PERSONNEL SERVICES 312,659.87132,976.1519,661.80113,314.35445,636.020.00 70.16% 01-51230-115 CAR ALLOWANCE 6,556.413,043.59276.922,766.679,600.000.00 68.30% 01-51230-225 ASSOC. MEETINGS & SEMINARS 14,097.671,402.330.001,402.3315,500.000.00 90.95% 01-51230-226 MEMBERSHIP DUES 12,418.254,881.750.004,881.7517,300.000.00 71.78% 01-51230-227 DELIVERY SERVICES 400.000.000.000.00400.000.00 100.00% 01-51230-229 CAREER DEVELOPMENT 26,000.000.000.000.0026,000.000.00 100.00% 01-51230-310 OFFICE SUPPLIES 2,404.5695.440.0095.442,500.000.00 96.18% 01-51230-315 POSTAGE 2,900.00100.000.00100.003,000.000.00 96.67% 01-51230-340 CELLULAR PHONES 2,259.00241.0012.96228.042,500.000.00 90.36% 01-51230-355 SUBSCRIPTIONS 865.00135.000.00135.001,000.000.00 86.50% 01-51230-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51230-400 EQUIPMENT COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51325-100 PERSONNEL SERVICES 187,329.2654,521.7418,603.9935,917.75241,851.000.00 77.46% 01-51325-115 CAR ALLOWANCE 2,769.24830.76276.92553.843,600.000.00 76.92% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,820.12179.8814.06165.826,000.000.00 97.00% 01-51325-225 ASSOC. MEETINGS & SEMINARS 9,250.000.000.000.009,250.000.00 100.00% 01-51325-226 MEMBERSHIP DUES 1,500.000.000.000.001,500.000.00 100.00% 01-51325-227 DELIVERY COSTS 300.000.000.000.00300.000.00 100.00% 01-51325-229 CAREER DEVELOPMENT 5,000.000.000.000.005,000.000.00 100.00% 7 Detail vs Budget Report Date Range: 12/01/2023 - 12/31/2023 1/2/2024 2:09:23 PM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-310 OFFICE SUPPLIES 1,957.3442.660.0042.662,000.000.00 97.87% 01-51325-340 CELLULAR PHONES 1,762.08237.9296.46141.462,000.000.00 88.10% 01-51325-355 SUBSCRIPTIONS 1,501.001,499.000.001,499.003,000.000.00 50.03% 01-51325-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51325-365 OFFICE PRINTING COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51325-400 EQUIPMENT COSTS 1,000.000.000.000.001,000.000.00 100.00% 01-51410-213 GENERAL PROPERTY COVERAGE 164,443.11176,072.891,253.89174,819.00340,516.000.00 48.29% 01-51420-200 CONTRACTUAL EXPENSE 41,000.0018,000.008,000.0010,000.0059,000.000.00 69.49% 01-51420-201 CONTRACT LEGAL 170,850.0010,150.000.0010,150.00181,000.000.00 94.39% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 35,451.641,688.340.001,688.3437,139.980.00 95.45% 01-51420-204 CITY STAFF COSTS 29,591.001,920.001,920.000.0029,591.00-1,920.00 100.00% 01-51440-100 PERSONNEL SERVICES 157,773.5446,378.4615,763.2030,615.26204,152.000.00 77.28% 01-51440-225 ASSOC. MEETINGS & SEMINARS 5,601.372,098.630.002,098.637,700.000.00 72.75% 01-51440-226 MEMBERSHIP DUES 2,350.000.000.000.002,350.000.00 100.00% 01-51440-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51440-229 CAREER DEVELOPMENT 8,150.000.000.000.008,150.000.00 100.00% 01-51440-310 OFFICE SUPPLIES 957.3442.660.0042.661,000.000.00 95.73% 01-51440-340 CELLULAR PHONES 963.98236.0295.51140.511,200.000.00 80.33% 01-51440-355 SUBSCRIPTIONS 1,901.0099.0033.0066.002,000.000.00 95.05% 01-51440-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-51440-365 OFFICE PRINTING COSTS 1,500.000.000.000.001,500.000.00 100.00% 01-51620-200 CONTRACTUAL EXPENSE 4,411.28588.7289.97498.755,000.000.00 88.23% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 73,115.8176,884.19921.4875,962.71150,000.000.00 48.74% 01-51620-202 MARINA POLICE 40,691.085,084.235,084.230.0040,691.08-5,084.23 100.00% 01-51620-205 RENTAL OF OFFICES 22,469.007,531.000.007,531.0030,000.000.00 74.90% 01-51620-208 EQUIPMENT LEASES 12,015.12950.68327.74622.9412,638.06-327.74 95.07% 01-51620-209 PROPERTY MAINTENENCE COST 443,928.8739,373.139,253.1630,119.97478,890.00-4,412.00 92.70% 01-51620-210 IN KIND EXPENSE -32,733.5132,733.5110,911.1721,822.340.000.00 0.00% 01-51620-211 VEHICLE MAINTENANCE / FUEL 9,966.4833.520.0033.5210,000.000.00 99.66% 01-51620-212 HURRICANE/PROPERTY CONTINGENCY 30,000.000.000.000.0030,000.000.00 100.00% 01-51620-224 SIGNAGE 20,000.000.000.000.0020,000.000.00 100.00% 01-51620-325 ELECTRICITY COSTS 18,368.861,631.14749.95881.1920,000.000.00 91.84% 01-51620-326 WATER CHARGES 19,115.62884.38278.36606.0220,000.000.00 95.58% 01-51630-200 CONTRACTUAL 150.00450.00450.000.00600.000.00 25.00% 01-51630-209 PROPERTY MAINTENENCE 79,724.6711,275.334,331.336,944.0091,000.000.00 87.61% 01-51630-241 MARINA FUEL MANAGEMENT 173,059.5757,686.4319,228.8138,457.62230,746.000.00 75.00% 01-51630-242 MARINE FUEL STATION OVERHEAD 53,089.036,910.973,535.963,375.0160,000.000.00 88.48% 01-51630-310 OFFICE SUPPLIES 1,128.4571.550.0071.551,200.000.00 94.04% 01-51630-325 ELECTRIC COSTS 6,347.432,652.57949.151,703.429,000.000.00 70.53% 01-51630-326 WATER COSTS 5,061.55938.45198.28740.176,000.000.00 84.36% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS 464,125.98226,049.0284,568.00141,481.02690,175.000.00 67.25% 01-51630-328 MARINA DIESEL SALES TAX 14,753.862,525.141,825.54699.6017,279.000.00 85.39% 01-51650-200 CONTRACTUAL EXPENSE 1,800.000.000.000.001,800.000.00 100.00% 01-51650-210 CITY IT SUPPORT 30,536.007,587.007,587.000.0030,536.00-7,587.00 100.00% 8 Detail vs Budget Report Date Range: 12/01/2023 - 12/31/2023 1/2/2024 2:09:23 PM Page 3 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51650-211 COMPUTER SOFTWARE & LICENSES 4,000.000.000.000.004,000.000.00 100.00% 01-51650-212 FINANCIAL SOFTWARE MAINTENANCE 33,455.5829,044.420.0029,044.4262,500.000.00 53.53% 01-51650-330 TELEPHONE LINES 5,000.000.000.000.005,000.000.00 100.00% 01-51650-400 EQUIPMENT COSTS 10,000.000.000.000.0010,000.000.00 100.00% 01-51990-200 CONTRACTUAL EXPENSE - CONTINGENCY 100,000.000.000.000.00100,000.000.00 100.00% 01-57400-100 PERSONNEL SERVICES 124,288.3027,878.709,782.0018,096.70152,167.000.00 81.68% 01-57400-216 ADVERTISING & PUBLIC NOTICES 45,350.002,650.002,650.000.0048,000.000.00 94.48% 01-57400-218 ANNUAL REPORT & BROCHURES 5,000.000.000.000.005,000.000.00 100.00% 01-57400-225 ASSOC. MEETINGS & SEMINARS 10,000.000.000.000.0010,000.000.00 100.00% 01-57400-226 MEMBERSHIP DUES 4,500.005,800.000.005,800.0010,300.000.00 43.69% 01-57400-227 DELIVERY SERVICES 1,500.000.000.000.001,500.000.00 100.00% 01-57400-229 CAREER DEVELOPMENT 4,500.000.000.000.004,500.000.00 100.00% 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000.000.000.000.0020,000.000.00 100.00% 01-57400-310 OFFICE SUPPLIES 1,457.3442.660.0042.661,500.000.00 97.16% 01-57400-340 CELLULAR PHONES 1,628.98371.02140.51230.512,000.000.00 81.45% 01-57400-355 SUBSCRIPTIONS 1,700.00200.000.00200.001,900.000.00 89.47% 01-57400-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-57400-365 OFFICE PRINTING COSTS 4,000.000.000.000.004,000.000.00 100.00% 01-57500-100 PERSONNEL SERVICES 115,645.1822,362.827,846.6014,516.22138,008.000.00 83.80% 01-57500-225 ASSOC. MEETINGS & SEMINARS 10,000.000.000.000.0010,000.000.00 100.00% 01-57500-226 MEMBERSHIP DUES 1,000.000.000.000.001,000.000.00 100.00% 01-57500-229 CAREER DEVELOPMENT 7,000.000.000.000.007,000.000.00 100.00% 01-57500-310 OFFICE SUPPLIES 1,934.0465.960.0065.962,000.000.00 96.70% 01-57500-340 CELLULAR PHONES 465.00135.0045.0090.00600.000.00 77.50% 01-57500-355 SUBSCRIPTIONS 500.000.000.000.00500.000.00 100.00% 01-57500-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-59000-151 F.I.C.A.67,334.0912,665.914,398.008,267.9180,000.000.00 84.17% 01-59000-152 MEDICARE 14,002.545,997.461,028.574,968.8920,000.000.00 70.01% 01-59000-153 RETIREMENT PLAN 401(a)294,648.0055,352.000.0055,352.00350,000.000.00 84.19% 01-59000-154 WORKERS COMP INSURANCE 15,000.000.000.000.0015,000.000.00 100.00% 01-59000-155 HEALTH INSURANCE 190,091.059,908.950.009,908.95200,000.000.00 95.05% 01-59000-156 DENTAL INSURANCE 14,081.50918.500.00918.5015,000.000.00 93.88% 01-59000-157 LIFE INSURANCE 11,606.00145.0050.0095.0011,751.000.00 98.77% 01-59000-158 SHORT / LONG TERM DISABILITY 8,321.051,678.950.001,678.9510,000.000.00 83.21% 01-59000-159 UNEMPLOYMENT CHARGES 10,000.000.000.000.0010,000.000.00 100.00% 01-59000-160 VISION INSURANCE 4,871.09128.910.00128.915,000.000.00 97.42% 01-59000-161 COMPENSATED ABSENSES 0.0067,818.980.0067,818.9867,818.980.00 0.00% 01-59800-990 TRANS OUT TO DEBT SERVICE FUND 0.002,135,817.002,135,817.000.002,135,817.000.00 0.00% 01-59999-990 INTERFUND TRANSFERS OUT 0.0015,460,741.0015,460,741.000.0015,460,741.000.00 0.00% Expense Totals:-19,330.97 22,701,506.87 945,582.40 17,839,813.52 18,785,395.92 3,935,441.92 17.34% 01 - GENERAL FUND Totals:-19,330.97 104,948.87 -7,331,314.06 3,873,808.76 -3,457,505.30 3,581,785.14 02 - PROJECTS FUND Revenue 9 Detail vs Budget Report Date Range: 12/01/2023 - 12/31/2023 1/2/2024 2:09:23 PM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 02-46100 INTEREST INCOME 123,513.32-123,513.32-53,523.71-69,989.610.000.00 0.00% 02-47100 APPLICATION FEES 200.00-200.000.00-200.000.000.00 0.00% 02-49100 OTHER FINANCING SOURCES -3,628,406.000.000.000.00-3,628,406.000.00 -100.00% 02-49900 TRANSFERS IN 0.00-15,460,741.00-15,460,741.000.00-15,460,741.000.00 0.00% Revenue Totals:0.00 -19,089,147.00 -70,189.61 -15,514,264.71 -15,584,454.32 -3,504,692.68 -18.36% Expense 02-58100-202 CONTINGENCY EXPENSE 200,000.000.000.000.00200,000.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,307,000.001,500.001,500.000.001,308,500.000.00 99.89% 02-58100-213 LEGAL FEES 241,099.508,900.500.008,900.50250,000.000.00 96.44% 02-58200-401 BUILDINGS 4,276,054.78463,777.00463,777.000.004,276,054.78-463,777.00 100.00% 02-58200-402 IMPROVEMENTS 1,306,513.000.000.000.001,306,513.000.00 100.00% 02-58200-404 CONSTRUCTION IN PROGRESS 220,732.420.000.000.00220,732.420.00 100.00% 02-58200-405 SITE WORK AND DEMOLITION FEES 349,487.44512.560.00512.56350,000.000.00 99.85% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 11,290,104.891,735,432.991,500,495.00234,937.9911,525,042.88-1,500,495.00 97.96% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 661,167.000.000.000.00661,167.000.00 100.00% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 1,390,564.5690,018.9942,205.0947,813.901,485,423.464,839.91 93.61% 02-58400-445 MARKETING INCENTIVES 276,607.427,367.58200.007,167.58283,975.000.00 97.41% 02-58500-460 COMMUNITY POLICING INNOVATIONS 1,069,066.930.000.000.001,069,066.930.00 100.00% 02-58500-470 COMMUNITY SUPPORT PROJECTS 400,000.000.000.000.00400,000.000.00 100.00% 02-58500-480 COMMUNITY SPECIAL EVENTS 456,973.23117,026.7719,723.5797,303.20574,000.000.00 79.61% Expense Totals:-1,959,432.09 23,910,475.47 396,635.73 2,027,900.66 2,424,536.39 23,445,371.17 98.05% 02 - PROJECTS FUND Totals:-1,959,432.09 4,821,328.47 326,446.12 -13,486,364.05 -13,159,917.93 19,940,678.49 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 4,494.16-4,494.16-3,610.57-883.590.000.00 0.00% 03-49900 TRANSFERS IN 0.00-2,135,817.00-2,135,817.000.00-2,135,817.000.00 0.00% Revenue Totals:0.00 -2,135,817.00 -883.59 -2,139,427.57 -2,140,311.16 4,494.16 0.21% Expense 03-59800-814 BOND 2012 PRINCIPAL 1,512,000.000.000.000.001,512,000.000.00 100.00% 03-59800-815 BOND 2015 PRINCIPAL 445,000.000.000.000.00445,000.000.00 100.00% 03-59800-824 BOND 2012 INTEREST 115,942.000.000.000.00115,942.000.00 100.00% 03-59800-826 BOND 2015 INTEREST 61,875.000.000.000.0061,875.000.00 100.00% 03-59800-830 FINANCIAL AGENT FEES 1,000.000.000.000.001,000.000.00 100.00% Expense Totals:0.00 2,135,817.00 0.00 0.00 0.00 2,135,817.00 100.00% 03 - DEBT SERVICE Totals:0.00 0.00 -883.59 -2,139,427.57 -2,140,311.16 2,140,311.16 Report Total:-1,978,763.06 4,926,277.34 -7,005,751.53 -11,751,982.86 -18,757,734.39 25,662,774.79 10 Detail vs Budget Report Date Range: 12/01/2023 - 12/31/2023 1/2/2024 2:09:23 PM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining -19,330.97 104,948.87 -7,331,314.06 3,873,808.76 -3,457,505.30 3,581,785.1401 - GENERAL FUND -1,959,432.09 4,821,328.47 326,446.12 -13,486,364.05 -13,159,917.93 19,940,678.4902 - PROJECTS FUND 0.00 0.00 -883.59 -2,139,427.57 -2,140,311.16 2,140,311.1603 - DEBT SERVICE Report Total:-1,978,763.06 4,926,277.34 -7,005,751.53 -11,751,982.86 -18,757,734.39 25,662,774.79 11 •Attachment I - December 12, 2023 CRA Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 CONSENT AGENDA AGENDA ITEM 10.B SUBJECT: Approval of the CRA Board Meeting Minutes for December 12, 2023 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the December 12, 2023 CRA Board Meeting Minutes. ATTACHMENTS: Description 12 13 14 15 16 17 18 19 20 21 22 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 CONSENT AGENDA AGENDA ITEM 10.C SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $25,000 to Dimensional Health Care LLC located in Casa Costa at 458 N. Federal Highway, Unit 5 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build-out costs associated with the construction, repaid, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget up to a maximum amount of $10,000. CRA staff has received a complete grant application from Dimensional Health Care LLC located in Casa Costa at 458 N. Federal Highway, Unit 5, Boynton Beach, FL 33435 (see Attachments I-III). Dimensional Health Care is passionate about supporting the healthcare needs of the community by providing quality medical care with compassion to improve the overall health and well-being of their patients. Dr. Erica Roberts, Ph.D. is a Board-Certified Family Nurse Practitioner with over 20 years of experience specializing in primary health care and as a Nursing Professor for over 12 years. Dimensional Health Care will provide the following services: wellness visits, sick visits, school/work physicals, laboratory services, weight loss program and IV therapy. As a medical office of a commercial property, the applicant falls under the terms of a Tier II business as outlined in the grant application. The applicant is seeking reimbursement for interior build-out items including new flooring, painting, electrical, structural walls and signage. The total cost of eligible property improvements is approximately $42,161.99 (see Attachment IV). If approved, the applicant is eligible to receive a maximum grant of $25,000 in reimbursable funding for the property improvements which includes 20% contingency provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building 23 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Project Quotes Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff or approval. FISCAL IMPACT: FY 2023-2024 Budget Project Fund, Line Item 02-58400-444, $25,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $25,000 to Dimensional Health Care LLC located in Casa Costa at 458 N. Federal Highway, Unit 5, Boynton Beach, FL 33435. ATTACHMENTS: Description 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 12/20/23, 10:33 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522470110050 1/1 View Property Record Owners COSTA CENTER LLC Property Detail Location 458 N FEDERAL HWY Municipality BOYNTON BEACH Parcel No.08434522470110050 Subdivision CASA COSTA CONDO Book 28764 Page 1590 Sale Date NOV-2016 Mailing Address 800 NORTH RD BOYNTON BEACH FL 33435 3238 Use Type 1204 - STORE/OFF/RES CONDO Total Square Feet 0 Sales Information Sales Date Price NOV-2016 2200000 DEC-2012 2131800 Appraisals Tax Year 2023 Improvement Value $0 Land Value $0 Total Market Value $240,000 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $240,000 Exemption Amount $0 Taxable Value $240,000 Taxes Tax Year 2023 Ad Valorem $4,860 Non Ad Valorem $1,024 Total tax $5,884 Search by Owner, Address or Parcel 45 Project Item Cost Signage 3,250.83$ Flooring 5,600.00$ Interior Build-Out 27,375.37$ Window Tint 2,605.45$ Lighting 3,330.34$ Project Total 42,161.99$ 50% Reimbursement 21,081.00$ Plus 20% Contingency 4,216.20$ Final Grant Request 25,000.00$ 46 Ordered By:Erica Roberts Email:dhc@dimensionalhealthcare.com Work Phone:(954) 980-5006 Salesperson:Michael O’Hara Email:michael@signarama-boynton.com NO.Product Summary QTY UNIT PRICE TAXABLE AMOUNT 1 Digitally Printed Awning Graphic 2 $167.775 $240.55 $335.55 (2) Digitally printed Logo on 3M High Tac Material for awning Approximate decal 40" Circle contour cut with UV Gloss Laminate. If client decides this option we need to make a test piece if the decal will adhere to awning Signarama to install graphic on awning and included in price 2 Window Graphics 1 $931.28 $686.28 $931.28 (3) Door Graphics, Digital print with UV gloss laminate and Contour Cut Approximate Size 37" high x 18" wide (1) Large Center Window Graphic, Digital print with UV gloss laminate and Contour Cut Approximate Size 60" high x 60" wide (1) Logo for Window back side, Digital print with UV gloss laminate and Contour Cut Approximate Size 35" high x 35" wide (4) Sets of Tag Words for both sides of the doors, Digital print with UV gloss laminate and Contour Cut Approximate Size 35" high x 24" wide Installation by Signarama approximately 2 hrs 3 Option 2 Front Lit Channel letter Sign 1 $1,817.45 $1,452.45 $1,817.45 47" Diameter round Lightbox with front illumination. Trimcap - Black color Returns - painted black Translucent digital print with Matte laminate for Logo Bill To:Dimensional Healthcare & Aesthetic Medicine 458 N Federal Hwy Unit CU-5 Boynton Beach, FL 33435 US Pickup At:Signarama Signarama Boynton Beach 3487 High Ridge Road Boynton Beach, FL 33426 US DESCRIPTION: Lobby Sign, Window Graphics and Awning INVOICE INV-5467 PO Number: Payment Terms: Cash Customerwww.signarama-boyntonbeach.com Signarama Boynton Beach 3487 High Ridge Road Boynton Beach, FL 33426 (561) 742-2823 Created Date: 1/3/2024 Generated On: 1/3/2024 9:53 AM Page 1 of 2 47 Sign to be installed by Signarama on White / Brick Wall with plug for outlet Subtotal:$3,084.28 Taxable Amount:$2,379.28 Taxes:$166.55 Grand Total:$3,250.83 Amount Paid:$0.00 DEPOSIT REQUIRED:$1,625.42 We appreciate the opportunity to serve you. Please find the invoice attached here for your completed order. Commencement of production is dependent on payment received as defined below. If payment is not initiated before 30 days from the date of the estimated we provided you, pricing for this project/service may be subject to change. Additionally, to the extent product(s) presented in the order require(d) Signarama to create a custom design/graphics without the aid of high resolution logo/graphic provided by the customer, Signarama owns such logo/graphics until purchased by Customer. PROJECTS WHOSE TOTAL QUOTED FEES ARE $350 OR LESS WILL REQUIRE PAYMENT IN FULL PRIOR TO PRODUCTION AND SERVICE. PROJECTS WITH TOTAL QUOTED FEES IN EXCESS OF $350 WILL REQUIRE A 50% DEPOSIT TO INITIATE THE PROJECT/SERVICE. THE REMAINING 50% BALANCE DUE FOR PROJECTS/SERVICES IN EXCESS OF $350 WILL BE DUE PRIOR TO OR AT THE TIME OF PICK UP, DELIVERY, INSTALLATION AND/OR COMPLETION OF THE PROJECT/SERVICE. DUE TO DELAYS IN CUSTOMER PAYMENTS, SIGNARAMA WILL NO LONGER PROVIDE THE PRODUCT/SERVICE UNTIL FULL PAYMENT HAS BEEN MADE. THIS MAY REQUIRE OUR CUSTOMERS TO HAVE CHECK OR CREDIT CARD PAYMENTS READY AT THE TIME OF PICKUP, DELIVERY OR INSTALLATION. EXISTING INVOICES DELINQUENT BEYOND 30 DAYS WILL RESULT IN A LATE PAYMENT FEE EQUAL TO 3% OF THE OUTSTANDING BALANCE. NO EXCEPTIONS. Without full payment, the Items on this Invoice remain the property of Signarama Boynton Beach. If you anticipate requiring time to process an invoice for purchases in excess of $350, please factor this into our timing to begin and complete your project in order to satisfy these payment terms. Depending on the extent of the project and associated materials, most approved projects are completed between 2 days and 2 weeks upon meeting our payment requirements. Projects involving permitting may take between 4 weeks and 3 months to complete depending on the municipality processing permits. Please note that we also offer Signancing, our exclusive Signarama Financing program, to help you with your purchase. Visit: https://signarama.com/locations/fl-boynton-beach/signancing/ to learn more. Generated On: 1/3/2024 9:53 AM Page 2 of 2 48 DocuSign Envelope ID: C807A918-2866-4E55-BD1C-0E4A28B2BEC6 49 50 51 52 53 54 55 56 57 58 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 CONSENT AGENDA AGENDA ITEM 10.D SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $19,176 to Dimensional Health Care LLC located in Casa Costa at 458 N. Federal Highway, Unit 5 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Dimensional Health Care LLC located in Casa Costa in 458 N. Federal Highway, Unit 5, Boynton Beach, FL 33435 (see Attachments I-II). Dimensional Health Care is passionate about supporting the healthcare needs of the community by providing quality medical care with compassion to improve the overall health and well-being of their patients. Dr. Erica Roberts, Ph.D. is a Board-Certified Family Nurse Practitioner with over 20 years of experience specializing in primary health care and as a Nursing Professor for over 12 years. Dimensional Health Care will provide the following services: wellness visits, sick visits, school/work physicals, laboratory services, weight loss program and IV therapy. As a medical office, Dimensional Health Care LLC will employ three team members ranging from front desk receptionist, medical assistance and primary care nurse. Under the terms of their Landlord-Tenant Lease Agreement, the base rent to be paid by the applicant is $3,196 per month (see Attachment III). Dimensional Health Care LLC qualifies as a Tier II business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12- month period, whichever is less. If approved, Dimensional Health Care LLC would be reimbursed in the amount of $1,598/month for a period of 12 months or a total grant amount of $19,176 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $19,176 59 •Attachment I - Commercial Rent Reimbursement Grant Application •Attachment II - Location Map •Attachment III - Lease CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $19,176 to Dimensional Health Care LLC located in Casa Costa at 458 N. Federal Highway, Unit 5, Boynton Beach, FL 33435. ATTACHMENTS: Description 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 12/20/23, 10:33 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522470110050 1/1 View Property Record Owners COSTA CENTER LLC Property Detail Location 458 N FEDERAL HWY Municipality BOYNTON BEACH Parcel No.08434522470110050 Subdivision CASA COSTA CONDO Book 28764 Page 1590 Sale Date NOV-2016 Mailing Address 800 NORTH RD BOYNTON BEACH FL 33435 3238 Use Type 1204 - STORE/OFF/RES CONDO Total Square Feet 0 Sales Information Sales Date Price NOV-2016 2200000 DEC-2012 2131800 Appraisals Tax Year 2023 Improvement Value $0 Land Value $0 Total Market Value $240,000 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $240,000 Exemption Amount $0 Taxable Value $240,000 Taxes Tax Year 2023 Ad Valorem $4,860 Non Ad Valorem $1,024 Total tax $5,884 Search by Owner, Address or Parcel 76 77 78 79 80 81 82 83 84 85 86 87 88 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 OLD BUSINESS AGENDA ITEM 13.A SUBJECT: Audited Financial Statements - FY 2022-2023, Fiscal Year Ended September 30, 2023 SUMMARY: The Fiscal Year 2022-2023 financial auditor ’s annual report and audited financial statements were performed by the independent certified public accounting firm of Sanson, Kline, Jacomino & Tandoc LLP (SKJ&T) and are being presented to the CRA Board for their review and approval (see Attachments I & II). The Statutory objective of the required annual audit is to assure that the financial statements of the CRA are fairly represented and in accordance with generally accepted accounting principles and governmental accounting standards as well as for compliance with applicable laws and regulations. During the annual audit, the auditors examined the Agency’s financial records to obtain reasonable assurance that the financial statements are free from any material misstatements. Examples of the types of documents the auditors review and test are: General ledger transactions; bond or loan issuance or refunding; journal entries; adopted budget and budget amendments; operational, administrative, human resource and financial policies and procedures; personnel records; payroll records; Board meeting minutes; and contracts and contract compliance including real estate closings. The audit as performed by SKJ&T acknowledged the following: No internal control deficiencies No audit findings of noncompliance issues No audit adjustments Cash position remains strong at $8.21 million in all funds with sufficient fund balance for working capital and ongoing project funding For the 15th year in a row, the Boynton Beach CRA has received a clean annual audit opinion for the financial operations of the Agency for FY 2022-2023. Richie Tandoc, a partner in Sanson, Kline, Jacomino & Tandoc, LLP (SKJ&T) will be virtually available at the January 18, 2024, CRA Board meeting to provide an annual audit report summary and answer any questions from the CRA Board if needed. FISCAL IMPACT: 89 •Attachment I - 2023 BBCRA Audit Results •Attachment II - 2023 Financial Statements FY 2023-2024 Budget, General Fund, Line item 01-51420-200, $18,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Accept and approve the Fiscal Year 2022-2023 audited financial statements for the period beginning October 1, 2022, and ending September 30, 2023. ATTACHMENTS: Description 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 OLD BUSINESS AGENDA ITEM 13.B SUBJECT: Third Quarterly Progress Report from Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project SUMMARY: On February 25, 2023, the Purchase and Development Agreement (PDA) between the CRA and Pulte Home Company, LLC (Pulte) for the Cottage Infill Housing Redevelopment Project was executed (see Attachments I and II). The development consists of 41 for sale homes and will be offered to eligible homebuyers within the Palm Beach County Workforce Housing Program's Low Income (21 townhomes) and Moderate 1 (19 single family detached units) income categories. The project will be providing much needed affordable homeownership opportunities as envisioned by the CRA Plan. Details of the proposed products are provided in Exhibit D of the PDA (see Attachment III). Pursuant to Section 22.l of the PDA, Pulte is required to provide a written quarterly report to the CRA Board (see Attachment IV). The November 29, 2023, report indicates the project is proceeding on schedule and includes the following updates: The Feasibility Period expired on June 26, 2023. Pulte has submitted the site plan, master plan and rezoning and plat applications on June 7, 2023, City Staff comments were received on July 7, 2023. Pulte resubmitted on August 14, 2023. Staff comments were due on August 30, 2023. City Staff comments were issued on September 7, 2023, and Pulte resubmitted on October 25, 2023. City Staff comments were issued on November 21, 2023. The public hearing is scheduled for January 16, 2024. Pulte provided notice of Approval from Asset Management Committee on June 26, 2023. The First Amendment to the PDA was approved and fully executed on September 13, 2023 (Attachment V & VI). It extends the timeframe for the Form of Restrictive Covenant to Prior to Closing and Plat submittal to be consistent with the City's requirements. FISCAL IMPACT: FY 2021-22 Budget, Project Fund, Line Item 02-58200-406 (Cottage District Project), $385,825 134 •Attachment I - Cottage District Location Map •Attachment II - January 10, 2023 CRA Board Meeting Minutes •Attachment III - Fully Executed Cottage District Purchase and Development Agreement •Attachment IV - Pulte Letter & Report #3 •Attachment V - September 12, 2023 CRA Meeting Minutes Approving First Amendment to PDA & 2nd Qrtly Report •Attachment VI - First Amendment to Purchase and Development Agreement (Fully Executed) CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 135 136 Meeting Minutes CRA Board Meeting Boynton Beach , FL 12 . Old Business Item 12C was heard out of order. January 10 , 2023 C . Update by the City of Boynton Beach on the Temporary Suspension of the Neighborhood Officer Program (NOP) Captain Steven Burdelski stated the position was posted and nine (9) responses were received initially, with two (2) applicants withdrawing their candidacy for personal reasons . The interviews would be conducted beginning January 19, 2023, and candidates would then be ranked. The top four (4) or five (5) candidates would then meet individually with Executive Director Thuy Shutt. Board Member Hay requested a citizen on the interview board . Captain Burdelski replied that it would need to be approved by the Chief. A. Discussion and Consideration of an Alternative Meeting Date for the March CRA Board Meeting Ms . Shutt stated the two meeting options are either March 15 or March 20 at 6 :00 P.M . She noted, despite the election , they would still have three sitting CRA Boa rd members to run the meeting . Chair Penserga asked if the two newly elected members were legally permitted to attend the meeting. Attorney Rossmell stated it would depend on the certification date and they cannot provide clear direction at this point. Public Comments: Chair Penserga opened Public Comments . Ernest Mig noli , 710 NE 7th Street, stated what was done in the past was problematic. He noted no one from the public attends the CRA meetings. He spoke about deaths, stabbings, shootings, and drugs in the community. Chair Penserga closed the Public Comments. Motion Board Member Turkin moved to approve March 15. Board Member Kelley second the motion. The mot ion passed unanimously. B. Discussion and Consideration of a Purchase and Development Agreement with Pulte Home Company, LLC for the Cottage District lnfill Housing Redevelopment Project 3 137 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 10 , 2023 Ms . Shutt introduced the item and noted staff were authorized to begin negotiations with Pulte Home Company, LLC. She stated they brought back revisions on September 13, 2022 , based on Board direction. She briefly described the project location and reviewed the income ranges for the units. She continued by displaying renderings and reviewed the terms that were negotiated. She noted the layout includes a pocket park, wh ich has now been relocated to the NE corner of the proj ect. She asked the Board whether they liked the location or would like to see an alternative design . She added that the terms require the park to be open to the public. She noted Andrew Maxey and Eliot Goldstein from Pu lte were available by phone . She continued by reviewing additiona l Purchase and Development Agreement terms. She highlighted the general project timeline , and noted Pulte feel confident then could complete within two years . Mayor Penserga stated he looked forward to partnering with Pulte. He noted the housing would be truly affordable. He asked for clarification on the HOA structure and estimated fees. Mr. Goldstein said the HOA would be as low as possib le but there were no final figures. He stated they would share documents during the final site plan approval process. He estimated approximately $200 a month but they hope for much less. He stated the HOA would be tiered with an amount for the single-family home and an amount for the town homes. Board Member Hay asked if the HOA fee would be separate or part of the mortgage. Mr. Goldstein said typically the HOA fee was separate from the mortgage. Board Member Hay inqui red if the CRA Board would have an opportunity to review the HOA fee structure prior to final approval. Mr. Goldstein said they would be happy to share the document and solicit feedback from the Board. Board Member Hay asked about fees for HOA violations. Mr. Maxey replied once they sell the last unit, they would turn over the HOA to the community and resident control. He reiterated their goal of a low HOA fee . Board Member Turkin asked if the Delray Beach project is similarly structured with an HOA. Mr. Maxey said no since there was no common area in the Delray Beach project. Board Member Turkin supported keeping costs as low as possible and asked if Pulte could play a role in developing a contract with the HOA to limit costs for a time period. Mr. Maxey said they would make sure the operating budget was in good shape when they turn it over. Board Member Kelley said the HOA in this neighborhood makes her uneasy. She stated it feels like a neighborhood within a neighborhood. She recommended a limited HOA. Mr. Maxey replied there are changes they could look into to make to limit the HOA Board power but could not confirm specific changes . Board Member Hay asked about the HOA responsibilities. Mr. Goldstein said the HOA would be responsible for the common areas, pocket park, dry retention area, and streetside 4 138 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 10 , 2023 landscaping. Mr. Maxey further spoke about private road repairs , privately maintained drainage connections to Seacrest Boulevard , and insurance . Chair Penserga opened a discussion about the location of the pocket park. He asked if they move the park internally would the project receive additiona l units. Mr. Goldstein said if they moved the park internally, the dry detention area would need to be moved to the current pocket park area. Mr. Maxey stated they may gain one (1) additional unit. Mr. Goldstein said they are open to other ideas , and he noted Pulte's preference would be to remove the pocket park and offer additional units. Chair Penserga was not in favor of removing the park. Board Member Kelley stated she is fine with the park remaining but expressed concern that it adds to the HOA fees. She preferred the park was moved centrally within the project and not by the edge by the road. Board Member Turkin said amenities are important and spoke about adequate fencing and landscaping to mask the fence. Vice Chair Cruz spoke about affordability and AM I and the public park. She asked Ms. Shutt about the decision from the previous Board about the park. Ms. Shutt confirmed the prior Board wanted the park to be accessible to the public, so Pulte honored that in the current design. She noted if access was restricted then it would not be maintained by the City. Vice Chair Cruz said it was not fair for private owners to pay for a public park. She asked Pulte why the park was moved to the current location and recommended the location move south closer to 4th Avenue. Board Member Hay recommended utilizing the funding for the park and redistribute it to the open space. He suggested landscaping , wa lkways, and grills. He does not want to burden the residents . He prefers removing the park, adding more units, and enhancing the central open space. Mr. Goldstein summarized what he heard from the Board, including removing the park, increase housing, and enhancing features of the open space. Vice Chair Cruz asked about the dry retention area. Mr. Goldstein said it would be landscaped but would not look like a lake . Ms. Shutt said it would be s loped and seeded and are like a swale but larger. She added small portions of the area could be carved out for walkways or benches. Mr. Goldstein said they are open to foregoing the park or reducing the park size based on the entitlement process. He stated Pulte would add features to make the community feel special. He confirmed the HOA fee would be reduced and offset by the one (1) additional unit. 5 139 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 10 , 2023 Vice Chair C ruz asked if it was possible to create a lake . Mr. Goldstein said if it was possible based on setbacks and entitlements , they are open to the idea. Mr. Maxey added they would know more once they get into the entitlement and perm itting process. T imothy T ack , Assistant Dire ctor, asked if they wou ld enterta i n an ex-fil tration trench to offset the dry retention a re a . Mr. Goldstein said they would not be open to ex-filtration because it would be difficult for the HOA to maintain it. He acknowledged they wou ld be open to alternative ways to handle the pre-treatment. Vice Chair Cruz requested to go to 40-60% of AMI or to increase uni ts in that tier in lieu of the park. Mr. Goldstein said no and explained their goa l is t o stay w ithin the Cou nty guidelines. Board Member Turkin said the lake was a good idea , the park was important, and supports a walkway around the dry retention area but mentioned the c h allenge of privacy. He asked how many units they wou ld gain by removing the park. Mr. Goldstein said one (1) unit. Board Member Ke ll ey said s he was not a fan of the pa rk but liked the pathway idea around the dry retention area . She does not love the idea of a lake and exp ressed concern about drowning . Chair Penserga asked each Board Member to indicate whet her they would like the park or to add an additional unit and some additional amenities to the open area . Board Member Hay said he was in favor of remov ing the park and add i ng more units. He did not support a lake. Vice Chair C ru z stated she was in favor of removing the park but recommended c reating two townhomes instead of a one sing l e-family home . Mr. Goldstein stated th ey would do their best to maximize t he units. Board Member Turki n supported e lim inating the park and recommended keeping HOA costs down with a minimal approach to the other features in the open area. Board Member Kelley stated she agreed with removing the park. She asked Pulte to look outside of the box to add additional town homes that qualify under the lower AMI. Consensus was reached to remove the park, maximize the number of units, and wo r k with staff to develop the features for the open space . Attorney Rossmell stated t hat recommendation may affect two other conditions of t he agreement. It affected the condition of the 52 % limit on the total number of town home units. Vice Chair Cruz cla rified that she meant MFI when she was in dicating AM I and again asked if Pulte would consider 40-60% MFI. Ms . Shutt c larified the MF I chart. 6 140 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 10 , 2023 Board Member Turkin said the Board previously discussed more single-family homes and less town homes . Mr. Goldstein said they support increasing the number of town home units on the east section. He said they were flexible on many things , but they would need to stay within the workforce housing categories outlined on the chart. Board Member Kelley said she would like to see new options and asked how to change that in the agreement. Ms . Shutt said the percentage would probably remain approximately the same with the new options discussed. Vice Chair Cruz recommended seeing the new options from Pulte and then they could decide to amend the agreement. Mr. Goldstein asked if the request to bring back visuals of new options would push out the signing of the purchase and sale agreement. Chair Penserga recommended flexibility in language concerning the 52%. Board Member Hay reminded the Board they originally wanted detached single-family units but noted Pulte did a nice job with the design . He supported moving forward . Attorney Rossmell noted another condition about the interior and perimeter streetscaping . She recommended adding flexibility to that condition as well. Consensus was reached to bump up the percentage of units by a point or two and adjust the interior and perimeter streetscaping , as needed. Consensus was also reached to authorize the Chair to work with Legal to finalize the project. Chair Penserga asked about the resident selection process. Mr. Goldstein referenced Section K of the agreement. He stated it was a lottery process and outlined the timeline for the County process. He noted they would develop an educational program and a website and described how residents would get approved. He said Pulte would manage the sales process and described how the lottery process worked on a Delray Beach project. He stated they would do two lotteries , first for 20 units and the second lottery for the remaining units. He noted eligible residents are not required to be in attendance . Board Member Kelley asked if they would do a similar website to their Delray Beach Carver Square website. Mr. Goldstein replied yes. Discussion continued about the application process and lottery. Vice Chair Cruz asked if any homes could be preferential for Boynton Beach residents. Mr. Goldstein said no because there are Fair Housing rules. Vice Chair Cruz recommended marketing it to Boynton Beach residents first and limited the application period. Mr. Goldstein responded that the marketing to lottery would be approximately a 2-3-month period . Ms. Shutt asked how many applications they received for the Delray Beach project. Mr. 7 141 Meeting Minutes CRA Board Meeting Boynton Beach , FL Go ldstein said 80-100 e ligib le residents were in that lottery for 20 units. January 10 , 2023 Board Member Hay asked about impact windows and shutters all the way around . Mr. Goldstein said they wou ld commit to impact windows. Board Member Hay asked who oversees the HOA. Mr. Goldstein said they would be governed by their by-laws. Discussion ensued about HOAs. Board Member Hay asked if t he electrical wires would be buried . Mr. Goldstein replied yes. Public Comments: Chair Penserga opened Pub lic Comments. Ernest Mig noli , 710 NE 7th Street, stated he attended every meeting about the project and said he is concerned that the Board does not understand HOAs and Fair Housing laws. He noted the project is comprised on c ity, county, and state laws . He said the neighbors did not object because they were promised a public park and now that has been eliminated. He stated the Police would have access to the public road within t he project. He noted HOAs and crime are both frightening . Chair Penserga closed the Public Comments. Attorney Rossmell noted s he wou ld read into the record any changes that deviate from the paper that was supplied tonight. If the changes are not accepted , the agreement would come back before the Board. Chair Penserga asked for final comments and questions. Vice Chair Cruz asked about 23.29 (c) Reverter C lause and Repurchase. She recommended a language edit to protect the CRA in the event of potential default after construction begins. Mr. Goldstein said Pulte would agree to capp ing the raw land value would be capped at what they paid plus the verifies land development costs. Board Member Hay asked about the one-year warranty and Pulte 's responsibility. Mr. Goldstein confirmed the one-year warranty. Board Member Turkin and Vice Chair Cruz thanked Pu lte . Chair Penserga emphasized the CRA was getting $2 .5 million from this project. Motion Vice Chair Cruz moved to approve the purchase and development agreement as presented subject to the following changes: elimination of the requirement that a pocket park be included as that requirement may exi st throughout the agreement; enhancement of the dry detention area; the HOA documents will be provided to the CRA for informational purposes and 8 142 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 10 , 2023 comment prior to site plan approval; increase , if possible, the number of townhomes based on the space made available as the result of the park removal; adjustments to the percentage of the townhomes, if necessary; adjustments to the streetscape requirements limited it to single-family if necessary; impact windows on every unit throughout the development; in the event of a conflict and the LOI and agreement as negotiated then the contract will prevail; under the reverter clause, as pertaining to subsection C, prior to completion of the last dwelling unit, the price will be the lesser of the raw land value, as calculated as of the date of the agreement, the proportionate share of that lot, plus verifiable land development costs , or, on the other hand, the appraised value of the land as if exists as of that date ; and subject to final legal review. Furthermore, the motion would further authorize the Board Chair to execute the agreement upon inclusion of these changes . Board Member Hay seconded the motion. The motion passed unanimously. 13. New Business A . Discussion and Consideration of a Tax Deed Sale for the Property Located at 543 NW 11th Avenue Ms . Shutt introduced the item and asked the Board to determine a maximum price for bidding . She said staff recommended a limit of $80,000. She confirmed there are some liens and state taxes associated with the property. Theresa Utterback, Development Services Manager, said their research revealed code liens and the City has it designed for demolition . She noted the code liens would be reduced to Admin Fees. Attorney Rossmell said there were some state tax liens that would not be wiped out by the sale, and it would include interest. Board Member Hay expressed concern about not knowing the additional costs. Attorney Rossmell said they may know the costs at the time of the title search , but she would have to follow up. Ms . Shutt said they would rather participate in the bid and have a cap on it. Ms. Utterback said they need to provide money to the Tax Appraiser's Office three days prior to the auction. She added the tax deed goes to auction January 18, 2023. Chair Penserga said it was not comfortable acquiring the property at this time. Board Member Kelley asked if there was any protection or could they cancel the sale without much penalty. Ms . Shutt said they would not have enough time to gather additional information after the winning bid. Attorney Rossmell confirmed full payment is due the next day. Discussion ensued about the liens and potential costs . Board Member Kelley stated there are too many unknowns. Board Member Hay said there was too much of a risk and does not support the item. 9 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 From:Andrew Maxey To:Shutt, Thuy Cc:Tack, Timothy; Utterback, Theresa; Nicklien, Bonnie; Curfman, Vicki; Hill, Vicki Subject:RE: Pulte LOI- Cottage District Date:Thursday, June 2, 2022 8:58:00 AM Attachments:image011.png image012.png image013.png image014.png image015.png image016.png Pulte LOI - Cottage District BBCRA_v2.pdf Good Morning Thuy, Although it’s not specifically referenced in the LOI, I also want to reaffirm Pulte’s commitment to working with as many local vendors and contractors as possible on this project. Pulte has existing contracts with 6 vendors located in Boynton Beach, 2 of which are within the boundary of the CRA. We also plan on utilizing local consultants for the community outreach phase of the project. Please let me know if you have any additional questions. Thank you. Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com From: Andrew Maxey Sent: Wednesday, June 1, 2022 9:02 AM To: Shutt, Thuy <ShuttT@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us>; Hill, Vicki <HillV@bbfl.us> Subject: RE: Pulte LOI- Cottage District Thuy, Sorry for the delay here. I have updated our LOI to reflect the 3 new single family plans we are proposing (Browning, Chapman, and Hamden). The collateral provided in Exhibit C show the front elevations, floorplans, square footage, and bed/bathroom count. Let me know any questions. Thanks. 169 Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Tuesday, May 17, 2022 7:02 PM To: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us>; Hill, Vicki <HillV@bbfl.us> Subject: RE: Pulte LOI- Cottage District Good evening, Andrew, Thank you for your updated letter. We appreciate your interest in our Cottage District Project. We will update our files to include this revised LOI for the CRA Board’s consideration at their July 12th meeting (since the 30 day public notice time period will not end until after the June 14th Board meeting). Could you please give me a call at your earliest convenience so I can make sure the attached document (which was included in the 5/10 agenda item) will be updated to correctly reflect your revised LOI (SFD model size and types, etc.). Thank you. Thuy Shutt , AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9098 ShuttT@bbfl.us | http://www.boyntonbeachcra.com 170 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Sent: Tuesday, May 17, 2022 4:37 PM To: Shutt, Thuy <ShuttT@bbfl.us> Subject: RE: Pulte LOI- Cottage District Thuy, Attached please find Pulte’s revised Letter of Intent to purchase the Cottage District property. Thanks, Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Wednesday, April 27, 2022 10:46 PM To: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Subject: RE: Pulte LOI- Cottage District External Sender Thank you, Andrew. We will include this for the CRA Board consideration at the May 10th CRA Board meeting. We will provide you with the agenda item once the board packet is finalized and uploaded on the website (scheduled for May 3rd). Thuy Shutt , AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 171 561-600-9098 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Sent: Tuesday, April 26, 2022 3:41 PM To: Shutt, Thuy <ShuttT@bbfl.us> Subject: Pulte LOI- Cottage District Good Afternoon Thuy, I hope all is well with you. Pulte would like to respectfully submit the attached Letter of Intent to purchase the Cottage District property owned by the CRA. Please reach out with questions. Thank you, Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com 172 CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s).Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s).Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. 173 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 REVISED: June 1, 2022 To: Thuy Shutt Executive Director Boynton Beach CRA Subject: Letter of Intent to Purchase Cottage District Property Thuy, Enclosed is the revised Letter of Intent for Pulte Home Company, LLC (Pulte) to acquire a +/-4.5- acre property owned by the Boynton Beach Community Redevelopment District, commonly known as the Cottage District Property. Pulte has made the following changes to the terms of the LOI: • Purchase Price- Increased land price to match the appraisal of $2,472,000 and removed 3% marketing fee. • Home Sale Prices- Adjusted our commitment on home sale prices to only target buyers in the Low and Mod-1 categories (60% to 100%), resulting in sales prices of $168,420 and $216,540, respectively. • Home Architecture- Added samples of the architecture style (see Exhibit C). It is also important to note that Pulte’s proposal is for 100% fee simple ownership and has no rental component. In alignment with the goals and principles contained in the 2016 Boynton beach CRA Redevelopment Plan, our proposal is uniquely designed to complement and add character to the neighborhood and provide home ownership for residents in the 40% to 100% AMI range. We thank you for the opportunity to revise our Letter of Intent and be considered again for this exciting project. Thank you, Andrew Maxey Vice President of Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305 West Palm Beach, Florida 33401 Andrew.Maxey@PulteGroup.com 174 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 1) Property Description. The property under consideration consists of ±4.5 acres located in the City of Boynton Beach, Florida and roughly depicted below. 2) Valuation. The total purchase price for the property shall be $2,472,000. 3) Intended Use. Pulte’s intended use for the property is a fee-simple community designed in accordance with Palm Beach County’s Workforce Housing Program of at least 40 units. (See Exhibits A and B.) Units will be sold according to Palm Beach County Workforce Housing Program guidelines in the lower 2 categories (Low and Mod -1) which is based on AMI between 60% and 100%. The units will also be subject to a 15-year deed restriction on resale price. The proposed product is consistent with the plan previously submitted in the RFP and samples are attached in Exhibit C. 4) Deposits/Fees. First Escrow Deposit: The first deposit of $10,000 is due within five business days after the parties execute a mutually acceptable contract and is fully refundable to Pulte until the completion of the inspection period. Second Escrow Deposit: Upon the end of the inspection period, Pulte will deliver, within five business days, an additional deposit of $60,000 to escrow agent bringing the total deposit to $70,000. The first and second deposits are to be creditable against the total purchase price at closing and will be non-refundable after the expiration of the inspection period. 175 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 5) Inspection Period. Pulte will require 120 days from the signing of the contract in which to investigate the property at Pulte's expense. 6) Entitlement Period. Following the expiration of the inspection period, Pulte shall have a period of 10 months to obtain the necessary entitlements to develop the property according to the intended use. 7) Closing Schedule. Pulte shall close on the property on the earlier to occur of 30 days after all closing conditions are fulfilled or 30 days after the expiration of the entitlement period. 8) Conditions to Close. a) Rezoning and land use approval in accordance with the intended use b) Final site plan approval for intended use c) Sitework/earthwork permits required for clearing and excavation d) Water/sewer permits e) SFWMD environmental resource permit (if applicable) f) US Army Corp of Engineers permit (if applicable) 9) Title Evidence. BBCRA will pay for title insurance in the amount of the purchase price and provide a title commitment during the first twenty days of the inspection period. Permitted title exceptions will be determined by the end of the inspection period. 10) Survey. If available, BBCRA will provide survey within the first five days of the inspection period. Pulte will be responsible for updating the survey. 11) Closing Costs and Proration. Each party will pay its cost of document preparation and attorney’s fees. BBCRA is to pay for documentary stamps in connection with the conveyance of the property. All real estate and personal property taxes, leases, and other related costs shall be prorated as of the date of the closing. 12) Broker. Pulte and BBCRA agree that they are not represented by any broker in this transaction. 13) Confidentiality. Pulte and BBCRA agree to maintain the terms of this LOI and all negotiations relating to the property as confidential between Pulte and BBCRA and shall not disclose their existence of this LOI to any other person. This letter is not intended to create legally binding commitments. Parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing i s acceptable, please indicate your approval by signing this letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance, Pulte will commence preparation of a mutually accep table written contract. Agreed and Accepted: By: _______________________________________ Date: _____________________________________ 176 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 Exhibit A: Palm Beach County Workforce Housing Program, 2021 WHP Unit Sales Prices: Exhibit B: Pulte’s intended use as reflected in original RFP submittal. Plan may be updated to include more units built on newly added parcels. Model Quantity Single Family Detached Browning (1 story) 2 Chapman (1 story) 4 Hamden (2 story) 3 Single Family Attached (2-Story Townhome) 20’ Interior Townhomes 19 20’ Exterior Townhomes 12 Total Units Proposed 40 177 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 Exhibit C: Sample Elevations of Single-Family Product 178 1,447 A/C Sq. Ft. | 3 Bedrooms | 2 Baths Browning Home Exterior FM1 Home Exterior CO1 179 • 1,447 A/C Sq. Ft. • 3 Bedrooms • 2 Baths Browning Artist’s renderings are conceptual only and are not intended to be an exact representation or show specific detailing. Square footage, room dimensions and spatial arrangements on this plan are approximate and may vary in final construction and may vary by elevation. See a sales representative for details. ©2021 Pulte Home Company, LLC. CBC057850 CAS 9-17-21 Visit liveatcarversquare.com for more information on workforce housing at Carver Square. 2 CAR GARAGE 19'-4" x 19'-9" BEDROOM 3 11'-0" x 10'-6" BEDROOM 2 11'-0" x 10'-6" OWNER'S SUITE 13'-5" x 12'-11" GATHERING ROOM 13'-5" x 18'-2" CAFE 11'-2" x 8'-10" KITCHEN WIC LAUN BATH 2 L L FOYER O. BATH P 180 1,662 A/C Sq. Ft. | 3 Bedrooms | 2 Baths Chapman Home Exterior FM1 Home Exterior CO1 181 • 1,662 A/C Sq. Ft. • 3 Bedrooms • 2 Baths Chapman Artist’s renderings are conceptual only and are not intended to be an exact representation or show specific detailing. Square footage, room dimensions and spatial arrangements on this plan are approximate and may vary in final construction and may vary by elevation. See a sales representative for details. ©2021 Pulte Home Company, LLC. CBC057850 CAS 11-2-21 Visit liveatcarversquare.com for more information on workforce housing at Carver Square. COVERED LANAI 13'-0" x 9'-0" CAFE 11'-5" x 13'-2" OWNER'S SUITE 13'-8" x 12'-10" KITCHEN BEDROOM 2 12'-5" x 10'-6" BEDROOM 3 10'-1" x 10'-8" FOYER LAUN P L WIC GATHERING ROOM 16'-11" x 16'-8" 2 CAR GARAGE 20'-1" x 20'-2" BATH 2 182 1,822 A/C Sq. Ft. | 3 Bedrooms | 2.5 Baths Hamden Home Exterior FM1 Home Exterior CO1 183 • 1,822 A/C Sq. Ft. • 3 Bedrooms • 2.5 Baths Hamden Artist’s renderings are conceptual only and are not intended to be an exact representation or show specific detailing. Square footage, room dimensions and spatial arrangements on this plan are approximate and may vary in final construction and may vary by elevation. See a sales representative for details. ©2021 Pulte Home Company, LLC. CBC057850 CAS 9-17-21 Visit liveatcarversquare.com for more information on workforce housing at Carver Square. CAFE 11'-0" x 8'-0" KITCHEN STORAGE GATHERING ROOM 17'-8" x 19'-8" PR FOYER 2 CAR GARAGE 20'-2" x 20'-2" P PORCH UP LINE OF FLOOR ABOVE L LAUNDRY WIC O. BATH OWNER'S SUITE 13'-0" x 14'-4" BA. 2 L BEDROOM 3 10'-5" x 10'-4" L BEDROOM 2 11'-9" x 10'-9" DN First Floor Second Floor 184 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 April 28, 2022 To: Thuy Shutt Executive Director Boynton Beach CRA Subject: Letter of Intent to Purchase Cottage District Infill Redevelopment Project Thuy, This letter is to serve as a Letter of Intent (LOI) for Pulte Home Company, LLC (Pulte) to enter contract negotiations to acquire ±4.5 acres in Palm Beach County, Florida owned by the Boynton Beach Community Redevelopment District (BBCRA). Pulte Home Company, LLC has the capital to complete this transaction, and we will not include any 3rd party lending approvals or state/local grants as part of our offer to purchase. We are flexible, and we are happy to negotiate deal terms. Our team does not use standardized contract templates, and we can make quick updates in an effort to reach a mutually beneficial agreement. This LOI follows our previous submittal during the BBCRA’s request for proposals in which Pulte’s submittal finished in second-place consideration. With the understanding that the first- place proposal has not materialized, Pulte submits its updated proposal. We look forward to hearing from you and want to assure you we are prepared to act quickly in working to arrive at a mutually acceptable contract. This offer is valid for one month. PulteGroup’s mission to be America’s most respected home builder begins with our site acquisition. On behalf of the PulteGroup Southeast Florida Division, we would be grateful for the opportunity to begin this process with you. Thank you, Andrew Maxey Vice President of Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305 West Palm Beach, Florida 33401 Andrew.Maxey@PulteGroup.com 185 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 1) Property Description. The property under consideration consists of ±4.5 acres located in the City of Boynton Beach, Florida and roughly depicted below. 2) Valuation. The total valuation shall be the summation of the purchase price plus a BBCRA Success Fee. The total value is estimated at $688,000. a) A purchase price of $400,000, equal to $10,000 for each of the 40 homes proposed in Pulte’s intended use. b) A BBCRA Success Fee equal to 3% of the sales price of the completed homes and to be paid on a quarterly basis following home closings. Assuming an average sales price of $240,000, the Fee shall equal $288,000 (= 3% x $240,000 x 40 homes). c) Purchase price and Success Fee shall be paid in cash. Pulte does not require any loans or incentives to close. 3) Intended Use. Pulte’s intended use for the property is a fee-simple community designed in accordance with Palm Beach County’s Workforce Housing Program of at least 40 units. (See Exhibits A and B.) Units will be sold according to Palm Beach County Workforce Housing Program guidelines, which includes recording a covenant for a 15-year sales price dee restriction. 186 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 4) Deposits/Fees. First Escrow Deposit: The first deposit of $10,000 is due within five business days after the parties execute a mutually acceptable contract and is fully refundable to Pulte until the completion of the inspection period. Second Escrow Deposit: Upon the end of the inspection period, Pulte will deliver, within five business days, an additional deposit of $60,000 to escrow agent bringing the total deposit to $70,000. The first and second deposits are to be creditable against the total purchase price at closing and will be non-refundable after the expiration of the inspection period. 5) Inspection Period. Pulte will require 120 days from the signing of the contract in which to investigate the property at Pulte's expense. 6) Entitlement Period. Following the expiration of the inspection period, Pulte shall have a period of 10 months to obtain the necessary entitlements to develop the property according to the intended use. 7) Closing Schedule. Pulte shall close on the property on the earlier to occur of 30 days after all closing conditions are fulfilled or 30 days after the expiration of the entitlement period. 8) Conditions to Close. a) Rezoning and land use approval in accordance with the intended use b) Final site plan approval for intended use c) Sitework/earthwork permits required for clearing and excavation d) Water/sewer permits e) SFWMD environmental resource permit (if applicable) f) US Army Corp of Engineers permit (if applicable) 9) Title Evidence. BBCRA will pay for title insurance in the amount of the purchase price and provide a title commitment during the first twenty days of the inspection period. Permitted title exceptions will be determined by the end of the inspection period. 10) Survey. If available, BBCRA will provide survey within the first five days of the inspection period. Pulte will be responsible for updating the survey. 11) Closing Costs and Proration. Each party will pay its cost of document preparation and attorney’s fees. BBCRA is to pay for documentary stamps in connection with the conveyance of the property. All real estate and personal property taxes, leases, and other related costs shall be prorated as of the date of the closing. 12) Broker. Pulte and BBCRA agree that they are not represented by any broker in this transaction. 13) Confidentiality. Pulte and BBCRA agree to maintain the terms of this LOI and all negotiations relating to the property as confidential between Pulte and BBCRA and shall not disclose their existence of this LOI to any other person. 187 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 This letter is not intended to create legally binding commitments. Parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing is acceptable, please indicate your approval by signing this letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance, Pulte will commence preparation of a mutually acceptable written contract. Agreed and Accepted: By: _______________________________________ Date: _____________________________________ 188 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 Exhibit A: Palm Beach County Workforce Housing Program, 2021 WHP Unit Sales Prices: WHP Income Category (Based on AMI) Sales Price Low 60% - 80% $48,120 - $64,160 $168,420 Mod1 >80% - 100% >$64,160 - $80,200 $216,540 Mod 2 >100% - 120% >$80,200 - $96,240 $264,660 Middle* >120% - 140% >$96,240 - $112,280 $312,780 Exhibit B: Pulte’s intended use as reflected in original RFP submittal. Plan may be updated to include more units built on newly added parcels. Model Quantity Single Family Detached (1-Story) Brookwood 2 Cedar 4 Highgate 3 Single Family Attached (2-Story Townhome) 20’ Interior Townhomes 19 20’ Exterior Townhomes 12 Total Units Proposed 40 189 | 37Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project Project Description Pulte recognizes that redevelopment of the Cottage District, within the Heart of Boynton District, is a priority for the Boynton Beach CRA and we are very excited to share our proposal with the CRA. Our proposal is uniquely designed to complement and add value to the existing neighborhood and its residents as well as further the goals and principles contained within the 2016 Boynton Beach CRA Redevelopment Plan (“BBCRA Plan”). Among the goals that the Pulte proposal furthers from the plan are: ■Protect and enhance existing single-family neighborhoods ■Create a comfortable, walkable and safe pedestrian-scale environment connecting residents and visitors to the commercial, social/cultural and recreational amenities within each District ■Develop policies and strategies for providing adequate public parking within each District to support commercial and residential redevelopment ■Encourage and assist existing development and redevelopment projects that provide employment and economic opportunities ■Encourage the implementation of streetscape enhancements within the Districts ■Encourage the development of new affordable housing (with no subsidies from the CRA or any other public funding/tax source) Pulte’s plan consists of 9 single family detached and 31 single family attached (townhome) units for a total of 40 new single family units within the Heart of Boynton. Drawing from the architectural styles of the surrounding neighborhood and the BBCRA, we are proposing two styles – Florida Mediterranean and Florida Coastal. Both styles complement the existing homes, reflect the historic character of the proposed Shepard Funk Addition Historic Cottage District along NE 3rd Avenue and Boynton’s coastal history. Our plan provides new homeownership opportunities and has been carefully designed to enhance and protect the surrounding neighborhood. We’ve included a small neighborhood park along NE 1st Street with landscape, hardscape, shade structure and lighting features, as well as a dual use passive recreation/dry detention area, a network of sidewalks and pathways around and throughout the site which connect to the existing neighborhood and provide access for the community at- large. While the small park will be deeded to the City of Boynton Beach to ensure perpetual community access, the Pulte HOA may retain responsibility for park maintenance. We’ve also included additional parking, both on- street parking on NE 1st Street (six spaces in the right-of-way), as well as off-street – six at the townhomes and nine at the new park. The on-street parking, along with new decorative streetlights and the perimeter sidewalks provide traffic calming and a pedestrian environment to the site. The BBCRA Plan identifies the vision for the Heart of Boynton District as “becoming a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks.” The vision further addressed via three recommendations: Streetscape, Land Use, and Urban Design. Pulte’s plan responds to and enhances the each of the BBCRA recommendations for the Heart of Boynton District as explained below. F. DETAILED DESCRIPTION OF THE PROPOSED PROJECT Proposed Project Plan | 4 190 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 38 Proposed Project Plan | 4 Streetscape The BBCRA Plan outlines a variety of streetscape enhancements for Seacrest Boulevard including “bus shelters and the creation of a Pedestrian Zone adjacent to rights-of-way that inviting, safe and includes a minimum 8’ wide clear sidewalk, decorative light poles are both vehicular and pedestrian scales, and installation of canopy trees that provide immediate sharing at time of construction”. Pulte’s plan includes a 5’ sidewalk, retaining the existing decorative streetlights and installing larger canopy trees along the portion of the site adjacent to Seacrest Boulevard. We are also continuing the pedestrian enhancements through an interconnecting network of sidewalks and pathways throughout the site. Decorative streetlights will be provided along the perimeter and interior of the site. Off-street parking is provided long NE 1st Street, which provides for traffic calming as recommended by the BBCRA and the community. Additional off-street parking is provided adjacent to the pocket park and within the site itself. Lastly, we have incorporated a bus shelter for school children in the pocket park along NE 1st Street. We will work with the CRA and the Palm Beach County School District to ensure the bus shelter meets their standards and is utilized as a neighborhood school bus stop. Land Use The existing future land designation for the site is Medium Density Residential and the BBCRA Plan notes that High Density Residential would also be appropriate. Pulte’s plan maintains the existing Medium Density Residential as a means of protecting the surrounding neighborhood. We have done so because while we understand the surrounding community desires new housing opportunities, they want the new opportunities to be consistent with and integrated into the existing fabric. We have opted to propose fee simple single-family opportunities instead of rental opportunities. The current zoning designation is R-2, One and Two-Family, which allows for the proposed density, however we will rezone to PUD. Urban Design The BBCRA Plan identifies three architectural styles in the Heart of Boynton District. The three architectural styles are Mission, Frame Vernacular and Mediterranean. The BBCRA Plan recommends “that when building in this District, new development shall utilize one of these styles”. The BBCRA Plan also notes that the Cottage District should be developed with single-family for- sale homes in the style of the surrounding historic cottages. The surrounding cottages are primarily frame vernacular. Pulte’s plan proposes two architectural styles in keeping with the recommendations of the BBCRA Plan. We are proposing the Florida Mediterranean which is consistent with the BBCRA Plan’s Mediterranean Revival 191 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 39 Proposed Project Plan | 4 style and includes one and two-story structures, stucco finishes, gable and hip roofs with shingle tiles, window and door surrounds, decorative horizontal banding and graceful arches. Select plans also include columns and corbels. We are also proposing a Frame Vernacular style – Florida Coastal – which draws from Boynton Beach’s coastal identity and is consistent with the styles identified by the BBCRA. This style features stucco finishes, board and batten detailing, gable and hip roofs with shingles, rafters and decorative banding. In order to provide further consistency within Pulte’s plan, the single-family units will be offered in both architectural styles while the townhomes will be in the Florida Mediterranean. The architectural styles are also in keeping with the design guidelines contained in the City’s Land Development Regulations. Further, the RFP provides a variety of sample elevations including Mediterranean, Coastal, Craftsman and Caribbean. Both of our architectural styles, Florida Mediterranean and Florida Coastal, are consistent with the sample elevations contained in the RFP. The 2009 The Downtown Vision and Master Plan (“2009 DMP”) notes that while the area does not have a “signature look or style, the creation of a City’s identity … establishing urban design guidelines that will promote the vernacular architecture”. The 2009 DMP points to architectural structures that can be used as a “basis for future design guidelines” such as the Women’s Club and Old School House. The 2009 DMP further notes that the neighborhoods are predominantly a continuous network of streets in a grid pattern. The 2009 DMP also notes that land uses and densities should “ensure a logical and clear transition linking the downtown core to surrounding areas”. Pulte’s plan has taken each of the above recommendations into consideration. Specifically, our architectural style mirrors the Mediterranean Revival of the Women’s Club and the Old School House. We retain and complement the existing grid pattern of the neighborhood and our proposed density of 9.2 units per acre serves as a clear transition between the 2009 DMP and BBCRA Plan recommendations for higher densities in the urban core and the surrounding area as well as a transition to the higher densities proposed for the MLK District. The RFP provides Urban Neighborhood Site Plan Concepts including site planning elements for lots, special condition lots and garage design and sitting. Pulte’s plan meets the site planning concepts including an urban streetscape with consistent and minimum setbacks and shade trees and other landscaping to define the front yards and street edges and provide for traffic calming. Along the perimeter of the site, each home is sited towards and relates to the street. This pattern continues with the three interior townhome buildings which relate to the interior access drive. The sidewalks and driveways are of the same consistent material, AC units are screened, and garages are set back from the front of the homes on two of the three single family detached plans. Care has been taken to ensure the homes surrounding the pocket park respond to both the park and the street. With respect to garage siting, the driveways are limited to 9’ in width, whenever possible, and the garage is secondary due to being recessed, whenever possible. Description of Housing Units and Housing Types Proposed In an effort to better serve the needs of the surrounding community and residents, Pulte is proposing a mix of housing types including both single family detached and single family attached (townhome); a total of 9 single family and 31 townhome units are proposed across a total of five plans. Specifically, we are proposing three single family detached plans: the Brookwood, the Cedar, and the Highgate as well as two single family attached plans: the Navarre and the Grayton. The single family detached homes are one-story, 3 or 4 bedrooms, 2 baths, and 2 car garages. The single family attached (townhomes) are two story buildings (4, 5, and 7 unit configurations), 3 bedrooms, 2.5 baths, and 1 or 2 car 192 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 40 Proposed Project Plan | 4 garages. The mean roof height of the single family detached homes is 13’9”. The mean roof height of the single family attached homes (townhome) is 25’3” and second floor wall planes are recessed. Additionally, the front facades are articulated to ensure the massing is consistent with the existing homes. The living area of the single family homes range from 1,447 to 1,850 square feet; while the living area of the townhomes are 1,636 square feet. Pulte’s floorplans are consumer driven and the result of extensive consumer research and feedback to create the best in livability. Our plans have flexible, updated floorplans to make the buyers life easier and more enjoyable. The chart below details the total square footage, living area square footage (under air), number of bedrooms, number of bathrooms and garage for each plan as well as the proposed number of each plan. All plans include our signature Build Quality Experience which includes communication with the buyer every step of the way. Pulte Construction Standards meet or exceed those of the industry. We include many energy-efficient and smart home features that help reduce the home’s energy consumption such as radiant barrier roof decking to reduce heat absorption and improve HVAC efficiency, high-efficiency HVAC systems, programmable thermostats, energy-star qualified appliances, low-emissivity windows and compact fluorescent and LED lighting. Pulte homes are built with sustainability in mind. We partner with industry leaders who strive for the same excellence as we do including Lenox, Moen, Mohawk, Shaw, Sherwin-Williams and Whirlpool. Please refer to page 41 for additional building specifications. Model Total Square Footage Living Area Square Footage Bedrooms Bathrooms Height Garage Quantity Single Family Detached (1-Story) Brookwood 2,028 1,447 3 2 13’9”2 car 2 Cedar 2,267 1,662 3 2 13’9”2 car 4 Highgate 2,399 1,850 4 2 13’9”2 car 3 Single Family Attached (2-Story Townhome) Navarre 18’ (interior units)1,874 1,636 3 2.5 25’3”1 car 19 Grayton 20’ (end units)2,084 1,637 3 2.5 25’3”2 car 12 Total Units Proposed 40 Density 9.2 du/ac 193 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 41 Architectural and Design Features ■Monolithic slab and CMU (concrete block) exterior walls with bond beams ■Prefabricated engineered wood truss system for floors and walls ■Stucco textured finish exterior walls and overhangs ■Tamko Heritage architectural shingles (or equivalent) ■Clopay Raised Panel Garage Doors (or equivalent) ■PGT Impact windows second floor ■Hurricane shutters for first floor windows ■Decorative stucco banding per plan ■Decorator selected exterior paint schemes including wall, accent, trim, front door and garage door differentiation ■Decorative pavers for driveways and walk to home ■Exterior gutters per plan ■Exterior hose connection in rear ■Exterior GFI receptacles (one in rear, one in front) ■Coach lights on garages ■Lenox 15 SEER air conditioning system with programmable digital thermostat ■Fully irrigated lot with oversized trees, shrubs and sod per plan Interior ■Knockdown drywall finish on ceilings and walls ■White flat paint on all ceilings and walls, white semi- gloss on all doors and trims ■R-30 ceiling insulation, R4.1 foil on exterior masonry walls ■Colonist, molded, hollow core 2 panel interior doors ■Whirlpool Energy star rated kitchen appliances including refrigerator, dishwasher, microwave, range, washer, and dryer ■Decorative 2 ¼” casing on all swing doors and 3 ¼” baseboards in all rooms ■Lever door hardware on all interior doors ■ITS 17” tile flooring in kitchen, dining, and bathrooms (or equivalent) ■Moen chrome bath fixtures ■Shaw carpet in bedrooms and gathering room ■Wood window sills ■Generous bedroom and linen closets and kitchen pantry closets per plan ■Ventilated “free glide” vinyl coated metal closet shelving ■Minimum 50-gallon electric water heater ■Minimum 150 amp electric service ■Decora rocker light switches throughout home with standard receptacles ■Smoke/carbon detectors per code ■RG6 and CAT 5E data/cable in all bedrooms and living rooms ■Energy rated designer LED lighting fixture package including downlights With respect to the minimum energy efficiency guidelines contained in Attachment F “Energy Efficiency Guidelines Checklist” of the Cottage District RFP, Pulte certifies that we meet and exceed all elements. Pulte Homes Building Specifications Examples of architectural design 194 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 42 Proposed Project Plan | 4 Public Benefits As outlined above, the Pulte plan provides many public benefits to the community at-large and the Boynton Beach CRA. Each benefit is summarized below. ■Affordable Housing. One of the tantamount benefits is the provision of 40 new affordable homes, consistent with the Palm Beach County Workforce Housing program, with no CRA assistance or reliance on any other public/tax funding source. Units will be sold to households at 80 to 140% area median income (AMI), with the majority sold to households at the 80 to 120% AMI. ■Preservation and Enhancement of Existing Single Family Community. The Pulte plan is designed to be integrated within the existing community and proposes two architectural styles which are complementary to the surrounding neighborhood and consistent with the Heart of Boynton recommendations contained in the BBCRA Plan. ■Walkable Pedestrian Scale Environment. The Pulte plan provides pedestrian enhancements through an interconnecting network of sidewalks and pathways throughout the site. ■Enhancement of Streetscape. The Pulte plan provides on-street parking, decorative streetlights, larger than code street trees and a perimeter sidewalk all of which are designed to enhance the streetscape and provide traffic calming. ■Public Park. The Pulte plan provides a neighborhood park along NE 1st Street that features landscaping, hardscaping, a shade structure, lighting feature and connects to the dual use passive recreation/dry retention area, thereby expanding the recreational opportunities. This park will be deeded to the City of Boynton Beach but may be maintained by the Pulte HOA. ■Bus Shelter. The Pulte plan provides for a bus shelter along NE 1st Street. Pulte will work with the CRA and the Palm Beach County School District to ensure the shelter is utilized. ■Efficient and Sustainable Homes. Pulte’s construction practices maximize efficiency and sustainability which helps with ongoing affordability. ■Increase City of Boynton Beach Tax Base. Increase the City’s tax base by $8,400,440 based projected sales prices. ■No CRA Funding. Pulte’s plan does not require any CRA funding freeing up $385,825 allocated for the Cottage District for other CRA projects and priorities. ■Community Engagement. Utilize our existing local vendor base including vendors located within the CRA boundaries and identify and recruit new vendors to ensure that that local businesses and residents benefit from this development initiative 195 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 44 SINGLE FAMILY - BROOKWOOD Proposed Project Plan | 4 3 Bedrooms | 2 Bathrooms | 2 Car Garage | 1,447 SQ FT EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Brookwood Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 144740'-0"50'-8"Zone CMU OPT. OPT. Covered Lanai 4' GARAGE EXT. OPT OPT. TRAY OPT. DROPPED TRAY Shower Walk-In @ Owner's Bath OPT. OPT. TRAY OPT. DROPPED TRAYOPT. ODKEQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Brookwood Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 144740'-0"50'-8"Zone CMU OPT. OPT. Covered Lanai 4' GARAGE EXT. OPT OPT. TRAY OPT. DROPPED TRAY Shower Walk-In @ Owner's Bath OPT. OPT. TRAY OPT. DROPPED TRAYOPT. ODKOption 196 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 45 SINGLE FAMILY - CEDAR Proposed Project Plan | 4 EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Cedar Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,66240'-0"58'-0"Zone CMU OPT. OPT. Covered Lanai Extension 4' GARAGE EXT. OPT Owner's Bath 2 Kitchen Layout 4 Sliding Glass Door @ Gathering Room OPT. TRAY OPT. DROPPED TRAY OPT. OPT.OPT. ODKOPT. ODKOPT. ODK3 Bedrooms | 2 Bathrooms | 2 Car Garage | 1,662 SQ FT EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Cedar Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,66240'-0"58'-0"Zone CMU OPT. OPT. Covered Lanai Extension 4' GARAGE EXT. OPT Owner's Bath 2 Kitchen Layout 4 Sliding Glass Door @ Gathering Room OPT. TRAY OPT. DROPPED TRAY OPT. OPT.OPT. ODKOPT. ODKOPT. ODKOption 197 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 46 SINGLE FAMILY - HIGHGATE Proposed Project Plan | 4 EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Highgate Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,85040'-0"60'-0"Zone CMU OPT. Covered Lanai Extension Owner's Bath 2 Kitchen Layout 4 OPT. OPT. OPT. 4' GARAGE EXT. OPT OPT. DROPPED TRAY OPT. TRAY OPT. ODKOPT. ODK4 Bedrooms | 2 Bathrooms | 2 Car Garage | 1,850 SQ FT EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Highgate Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,85040'-0"60'-0"Zone CMU OPT. Covered Lanai Extension Owner's Bath 2 Kitchen Layout 4 OPT. OPT. OPT. 4' GARAGE EXT. OPT OPT. DROPPED TRAY OPT. TRAY OPT. ODKOPT. ODKOption 198 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 47 Proposed Project Plan | 4 SINGLE FAMILY ATTACHED - GRAYTON AND NAVARRE Proposed plan utilizes 4, 5, and 7 unit configurations GraytonExterior Unit NavarreInterior Unit 199 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 48 Proposed Project Plan | 4 SINGLE FAMILY ATTACHED - GRAYTON AND NAVARRE 3 Bedrooms | 2.5 Bathrooms | 2 Car Garage | 2 Floors | 1,637 SQ FT 3 Bedrooms | 2.5 Bathrooms | 1 Car Garage | 2 Floors | 1,636 SQ FT FIRST FLOORSECOND FLOORFIRST FLOORSECOND FLOOR200 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NE 4TH AVEN SEACREST BLVD50'51'12'13' 100'110' 60'50'100' 25' 6' S/W 5' S/W 5' S/W 1 2 3 4 5 6 7 8 9 13 141516171819 BUILDING A 6 UNITS BUILDING C 8 UNITS BUILDING B 6 UNITS 20' 14' 50'50' 20' 20' 5' S/W5' S/W 10' R.O.W. DEDICATION10' R.O.W. DEDICATION 10' R.O.W. DEDICATION 5' S/W 12 11 10 DRY DETENTION 0.47 AC. 4 W BOYNTON BEACH BLVD N SEACREST BLVDPROJECT SITE BBCRA - PLAN - CSP-01_R1.DWGCADBenjamin Valente P:\PLACE\NEW PROJECT - Boynton Cottage District\Concepts\BBCRA - PLAN - CSP-01_R1.dwg ---- Plotted: 8/9/2022 5:30:53 PM Saved: 8/9/2022 5:16:40 PMSHEET:NO.DATEDESCRIPTIONBYREVISIONSCSP-01_R1PROPOSED COTTAGE DISTRICTCONCEPTUAL SITE PLAN #01####2022-8-09BPVSDPSCALE: 1" = 30' 0 15 30 60 JOB NO.DATEDRAWN BYCHECK BY2035 Vista Parkway, West Palm Beach, FL 33411Phone No. 866.909.2220 www.wginc.comCert No. 6091 - LB No. 7055LOCATION MAP SITE AREA TOTAL UNITS SINGLE-FAMILY TOWNHOME (MULTI-FAMILY) DENSITY PARKING REQUIRED SINGLE-FAMILY TOWNHOME GUEST 4.7 AC. 39 19 20 8.3 D.U. PER AC. 1 SP. PER BEDROOM 2 SP. PER UNIT 0.15 SP. PER MULTI-FAMILY UNIT 201 Browning Model Chapman Model Hamden Model Craftsman Coastal Mediterranean (CRA Board Selected Option) 202 203 Pulte Home Company, LLC Cottage District Exhibit D consists of the following items: •Proposed site plan showing which plan goes on which lot. Plans have been predesignated to comply with the anti-monotony requirements in the PSA. •Renderings depicting Coastal elevations for the THs and the SF. •Floorplan brochures for each plan •Draft color schemes (one for each TH building and six for the SF units). SF color schemes will be assigned by the builder prior to permitting. •Proposed project schedule •Proposed project budget Both townhome plans, the Cobalt and the Latitude, will be offered for sale at the Palm Beach County Workforce Housing Program Low Income Category. The 2022 sales price for the Low Income category is $189,630. This sales price and household income ranges are adjusted annually by Palm Beach County, typically in July. We will use the sales price in effect at the time of sale. The three single family plans, the Chapman, Browning and Hamden, will be offered for sale at the Palm Beach County Workforce Housing Program Moderate 1 Income Category. The 2022 sales price for the Moderate 1 Income category is $243,810. This sales price and household income ranges are adjusted annually by Palm Beach County, typically in July. We will use the sales price in effect at the time of sale. 204 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NE 4TH AVEN SEACREST BLVD1 2 3 4 1617 BUILDING C 6 UNITS 5 6 7 8 9 10 11 12 13 14 15 DRY DETENTION 0.60 AC. C L C L C L NE 5TH AVENUE NE 1ST STREETR15', TYP. R15', TYP. 6' S/W 5' S/W 5' S/W 10' R.O.W. DEDICATION10' R.O.W. DEDICATION 10' R.O.W. DEDICATION 5' S/W 40' R.O.W. 100'100' 50'52.5' 50' 50' 100' 19' 10' 15' 11.9' 24' 10' 10' 5' LANDSCAPE BUFFER 20' 20' 6.6' 100' 50' 50' 50' 50' 109.6'109.6' 55'50'45'58.6'56.8'40'40'50'50' 20'2' V.G. 5' S/W 5' S/W 20' TYP. 31.8' 27.5' 27.5' 20' TYP. 30.3' 5' S/W 26.9' 20' TYP. BUILDING D 4 UNITS POCKET PARK (0.19 AC.) 20' TYP. 24' 10' 20' 30' 20' ACCESS/MAINTENANCE EASEMENT 2' V.G. 50'50' 1819 BUILDING A 6 UNITS BUILDING B 6 UNITS 85.8' 56.7' CHAPMAN CHAPMAN CHAPMAN CHAPMAN BROWNING BROWNING BROWNING HANDEM CHAPMAN HAMDEN HAMDEN BROWNING BROWNING BROWNING 10.6' 5' 5' 5' 7.5' 7.5' 5'13.6' 11.8' 5' 5'5' 5' 5' 5' 5' 14.3' 5' 5' 5' 5' 5' 5' 5' 5' 5' 5' 25' TYP.25' TYP. 6.6' 21.3' 17' 21.3' 21.3' 18.4' 17.1' 21.3'17' 26.8'21.3' 26' 37.2'30.9'26.6' 5' HAMDEN 5' 5' 26.8' 47.3' 100' 47.3' 10' U.E. 10' U.E.10' U.E. 10' U.E. 10' U.E. 80' 30' 40' 50' 50' 50' 47.3' 120' 50' 50' 25' TYP. 80' 47.3' 50' 10' U.E. 10' U.E. 120' 5' 25' TYP. 11.8' 20.7'10' 12.9' 17' 5' 21.4' 25' TYP. HAMDEN BROWNING CHAPMAN HAMDEN W BOYNTON BEACH BLVD N SEACREST BLVDPROJECT SITE 852100 - PL -LOTFIT_R1.DWGCADRoosevelt Castillo P:\8500\8521.00 Boyton Bch CRA Cottage D\PLAN\CAD\Exhibits\852100 - PL - LOTFIT_R1.dwg ---- Plotted: 1/25/2023 12:27:06 PM Saved: 1/19/2023 12:08:38 PMSHEET:NO.DATEDESCRIPTIONBYREVISIONSEX-1PROPOSED COTTAGE DISTRICTLOT FIT VERSION 18521.002022-10-19BPVSDPJOB NO.DATEDRAWN BYCHECK BYR2035 Vista Parkway, West Palm Beach, FL 33411Phone No. 866.909.2220 www.wginc.comCert No. 6091 - LB No. 7055LOCATION MAP SCALE: 1" = 30' 0 15 30 60 SITE AREA TOTAL UNITS SINGLE-FAMILY TOWNHOME (MULTI-FAMILY) DENSITY UNIT MIX (AS SHOWN) BROWNING CHAPMAN HAMDEN 4.7 AC. 41 19 22 8.7 D.U. PER AC. 19 7 6 6 12022-10-19INITIAL LOT FIT CONCEPTBPVBROWNING MODEL HAMDEN MODEL CHAPMAN MODEL 50.7' 40' 30' 45.3' 58' 40' 205 2 CAR GARAGE 19'-4" x 19'-9" BEDROOM 3 11'-0" x 10'-6" BEDROOM 2 11'-0" x 10'-6" OWNER'S SUITE 13'-5" x 12'-11" GATHERING ROOM 13'-5" x 18'-2" CAFE 11'-2" x 8'-10" KITCHEN WIC LAUN BATH 2 L L FOYER O. BATH P EQUAL HOUSING OPPORTUNITY DEPTH WIDTH SQ FTG Browning Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. (c) Copyright 2021 Pulte Homes, Inc. First Floor 144740'-0" 50'-8" BOYNTON COTTAGE DISTRICT UNDER AIR 206 Browning207 COVERED LANAI 13'-0" x 9'-0" CAFE 11'-5" x 13'-2" OWNER'S SUITE 13'-8" x 12'-10" KITCHEN BEDROOM 2 12'-5" x 10'-6" BEDROOM 3 10'-1" x 10'-8" FOYER LAUN P BATH 2 O. BATH 2 CAR GARAGE 20'-1" x 20'-2" L WIC GATHERING ROOM 16'-11" x 16'-8" EQUAL HOUSING OPPORTUNITY DEPTH WIDTH SQ FTG Chapman Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. (c) Copyright 2019 Pulte Homes, Inc. First Floor 1,66240'-0" 58'-0" BOYNTON COTTAGE DISTRICT UNDER AIR 208 Chapman209 CAFE 11'-0" x 8'-0" KITCHEN STORAGE GATHERING ROOM 17'-8" x 19'-8" PR FOYER 2 CAR GARAGE 20'-2" x 20'-2" P PORCH EQUAL HOUSING OPPORTUNITY DEPTH WIDTH SQ FTG Hamden Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. (c) Copyright 2021 Pulte Homes, Inc. First Floor 1,82230'-0" 45'-3" UP LINE OF FLOOR ABOVE BOYNTON COTTAGE DISTRICT UNDER AIR 210 L LAUNDRY WIC O. BATH OWNER'S SUITE 13'-0" x 14'-4" BEDROOM 2 11'-9" x 10'-9" BA. 2 L BEDROOM 3 10'-5" x 10'-4" EQUAL HOUSING OPPORTUNITY DEPTH WIDTH SQ FTG Hamden Floor plans, Elevations and Options will vary from Community to Community and may not reflect current changes. Dimensions shown are approximate. (c) Copyright 2021 Pulte Homes, Inc. Second Floor 1,82230'-0" 45'-3" DN BOYNTON COTTAGE DISTRICT UNDER AIR 211 Hamden212 1st Floor (Stucco or Siding)SW 7006 Extra White (238 239 234)SW 6203 Spare White (228 228 221)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 7672 Knitting Needles (195 193 188)SW 0052 Pearl Gray (203 206 197)Loft SidingSW 7006 Extra White (238 239 234)SW 6203 Spare White (228 228 221)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 7672 Knitting Needles (195 193 188)SW 0052 Pearl Gray (203 206 197)2nd Floor SidingSW 7006 Extra White (238 239 234)SW 6203 Spare White (228 228 221)SW 7003 Toque White (231 226 218)SW 9137 Niebla Azul (182 195 196)SW 7066 Gray Matters (167 168 162)SW 0052 Pearl Gray (203 206 197)Trim SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7067 Cityscape (127 129 126)SW 6203 Spare White (228 228 221)Accent SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 7671 On The Rocks (208 206 200)SW 9138 Stardew (166 178 181)SW 7570 Egret White (223 217 207)SW 6203 Spare White (228 228 221)Front Door SW 6989 Domino (53 51 55) SW 6214 Underseas (124 142 135)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7624 Slate Tile (96 110 116)SW 6223 Stillwater (74 93 95)Garage DoorSW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7570 Egret White (223 217 207)SW 6203 Spare White (228 228 221)ShuttersSW 6989 Domino (53 51 55) SW 6214 Underseas (124 142 135)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7570 Egret White (223 217 207)SW 6223 Stillwater (74 93 95)Tamko Heritage Asphalt ShingleThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyPaver ‐ Tremrom 4x8 BrickGranite Granite Granite Granite Granite GraniteGutters, Windows & FenceLow Gloss White Low Gloss WhiteLow Gloss WhiteLow Gloss White Low Gloss White Low Gloss WhiteCoastal Color Schemes ‐ SFCO1 CO2 CO3 CO4CO5CO6213 BOYNTON COTTAGE DISTRICT UNDER AIR 214 BOYNTON COTTAGE DISTRICT UNDER AIR 215 6 Unit A 216 6 unit A 1st Floor (Stucco or Siding)SW 9161 Dustblu (149 155 160)SW 9137 Niebla Azul (182 195 196)SW 6203 Spare White (228 228 221)SW 6203 Spare White (228 228 221)SW 9137 Niebla Azul (182 195 196)SW 9161 Dustblu (149 155 160)Loft SidingSW 9161 Dustblu (149 155 160)SW 9137 Niebla Azul (182 195 196)SW 6203 Spare White (228 228 221)SW 6203 Spare White (228 228 221)SW 9137 Niebla Azul (182 195 196)SW 9161 Dustblu (149 155 160)2nd Floor SidingSW 6253 Olympus White (212 216 215)SW 9139 Debonair (144 160 166)SW 6203 Spare White (228 228 221)SW 6203 Spare White (228 228 221)SW 9139 Debonair (144 160 166)SW 6253 Olympus White (212 216 215)Trim SW 7005 Pure White (237 236 230)SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 0052 Pearl Gray (203 206 197)SW 7006 Extra White (238 239 234)SW 7005 Pure White (237 236 230)Accent SW 7005 Pure White (237 236 230)SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 0052 Pearl Gray (203 206 197)SW 7006 Extra White (238 239 234)SW 7005 Pure White (237 236 230)Front DoorSW 0068 Copen Blue (194 204 196)SW 7076 Cyberspace (68 72 77)SW 6214 Underseas (124 142 135)SW 6214 Underseas (124 142 135)SW 7076 Cyberspace (68 72 77)SW 0068 Copen Blue (194 204 196)Garage Door SW 6253 Olympus White (212 216 215)SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 0052 Pearl Gray (203 206 197)SW 7006 Extra White (238 239 234)SW 6253 Olympus White (212 216 215)ShuttersSW 0068 Copen Blue (194 204 196)SW 7076 Cyberspace (68 72 77)SW 6214 Underseas (124 142 135)SW 6214 Underseas (124 142 135)SW 7076 Cyberspace (68 72 77)SW 0068 Copen Blue (194 204 196)Shingle Roof Tamko Heritage Thunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyPaver ‐ Tremrom 4x8 BrickGranite Granite Granite Granite Granite GraniteGutters, Windows & FenceLow Gloss White Low Gloss White Low Gloss White Low Gloss White Low Gloss White Low Gloss White** Fence not included in plans, this is just noting color for future ARB approval.Bold DustbluBold DustbluCoastal Niebla Azul Coastal Spare White Coastal Spare White Coastal Niebla Azul217 6 Unit B 218 6 unit B 1st Floor (Stucco or Siding)SW 7672 Knitting Needles (195 193 188)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 9136 Lullaby (203 212 212)SW 7003 Toque White (231 226 218)SW 7672 Knitting Needles (195 193 188)Loft SidingSW 7672 Knitting Needles (195 193 188)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 9136 Lullaby (203 212 212)SW 7003 Toque White (231 226 218)SW 7672 Knitting Needles (195 193 188)2nd Floor SidingSW 7066 Gray Matters (167 168 162)SW 7003 Toque White (231 226 218)SW 9137 Niebla Azul (182 195 196)SW 9137 Niebla Azul (182 195 196)SW 7003 Toque White (231 226 218)SW 7066 Gray Matters (167 168 162)Trim SW 7067 Cityscape (127 129 126)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7070 Site White (220 222 220)SW 7658 Gray Clouds (183 183 178)SW 7067 Cityscape (127 129 126)Accent SW 7570 Egret White (223 217 207)SW 7671 On The Rocks (208 206 200)SW 9138 Stardew (166 178 181)SW 9138 Stardew (166 178 181)SW 7671 On The Rocks (208 206 200)SW 7570 Egret White (223 217 207)Front DoorSW 7624 Slate Tile (96 110 116)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7076 Cyberspace (68 72 77)SW 7603 Poolhouse (128 149 160)SW 7624 Slate Tile (96 110 116)Garage Door SW 7570 Egret White (223 217 207)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7070 Site White (220 222 220)SW 7658 Gray Clouds (183 183 178)SW 7570 Egret White (223 217 207)ShuttersSW 7570 Egret White (223 217 207)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7076 Cyberspace (68 72 77)SW 7603 Poolhouse (128 149 160)SW 7570 Egret White (223 217 207)Shingle Roof Tamko Heritage Thunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyPaver ‐ Tremrom 4x8 BrickGranite Granite Granite Granite Granite GraniteGutters, Windows & FenceLow Gloss White Low Gloss White Low Gloss White Low Gloss White Low Gloss White Low Gloss White** Fence not included in plans, this is just noting color for future ARB approval.Coastal Knitting NeedlesCoastal Knitting NeedlesCoastal Toque WhiteCoastal Toque White Coastal LullabyCoastal Lullaby219 Project Schedule Milestone Date Notes Effective Date Feb-23 All dates below are based on an Effective Date of 2/14/2023 Initial Deposit Due Feb-23 Feasibility Period Ends Jun-23 120 Days Second Deposit Due Jun-23 Submit applications for site plan and zoning Aug-23 Submit within 60 days after Feasibility Period Ends Site plan and zoning applications approved April-24 Assumes an 8-month approval process Seek closing extension due to plat not being approved June-24 12 months from the end of the Feasibility Period Plat approved Aug-24 Assumes a 4-month approval process after site plan approval (non-concurrent review) Land Closing Sept-24 Close within 30 days of plat approval Purchaser shall submit building permits Oct-24 PSA requires by 180 days from Closing, Purchaser planning 60 days after plat issuance Land Development Commences Oct-24 Assumes site work / utility permits obtained during plat review City issuance of the building permits Dec-24 60 days from Purchaser submitting building permits Purchaser shall commence construction Mar-25 PSA requires by 90 days from permit issuance, 5 months after land development commences First Home Completed (CO) Sep-25 6 months from commencing construction Final Home Completed May-26 14 months from commencing construction Purchaser shall obtain CO for the final dwelling unit of the Project Mar-27 Outside date to get last CO 220 Total Project Cost Townhome Budget Purchase Price/Unit $36,622.222 Land Development Cost/Unit $40,395 Engineering/Pre-acq Costs/Unit $4,847.39 Hard Costs/Unit $31,911.99 Soft Costs/Unit $3,635.54 House Cost/Unit $186,326 Hard Cost/Unit $162,272.80 Soft Costs, Permits & Fees/Unit $24,053.58 Total Budget/Unit $263,344 Single-Family Budget Purchase Price/Unit $91,555.556 Land Development Cost/Unit $51,936 Engineering/Pre-acq Costs/Unit $6,232.36 Hard Costs/Unit $41,029.70 Soft Costs/Unit $4,674.27 House Cost/Unit $195,186 Hard Cost/Unit $167,492.16 Soft Costs, Permits & Fees/Unit $27,693.38 Total Budget/Unit $338,677 Total Project Cost $11,701,742 221 1475 Centrepark Blvd, Suite 140, West Palm Beach, FL 33401 November 29, 2023 Mr. Timothy Tack, Assistant Director/Ac�ng Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Dear Timothy: Please find a copy of the third written report required by the Purchase and Development Agreement (PDA) between the Boynton Beach Community Redevelopment Agency (CRA) and Pulte Home Company, LLC for the Cottage District project. Feasibility Period The Feasibility Period expired on June 26, 2023. PDA Amendment CRA/Pulte signed the First Amendment on September 13, 2023. The First Amendment removes the construction cost cap, allows us to finalize the Restrictive Covenant before Closing and requires plat submittal within 90 days of site plan approval. Development Deadlines The PDA outlines development-related deadlines and summarizes them in the attached table. Pulte submitted the site plan, master plan, and rezoning applications on June 7, 2023. City staff provided comments on July 7, 2023. Pulte resubmitted on August 14, 2023, with staff comments due on August 30, 2023. Staff issued comments on September 7, 2023. We resubmitted on October 25, 2023 and we received the comments on November 21, 2023. We anticipate staff scheduling us for the January public hearings (date TBD) Sales and Marketing Deadlines The First Amendment to the PDA extends the timeframe for the Form of Restrictive Covenant to Prior to Closing. Please let us know if you have any questions. We look forward to continuing to work with you on this exciting and important project. Sincerely, Aimee Craig Carlson, AICP Director of Land Planning and Entitlement Attachment: PDA Deadlines 222 Boynton Beach CRA and Pulte Home Company PDA Deadlines Event Due Date Status Development Deadlines Obtain approval from Asset Management Committee Prior to expiration of feasibility period– 6/26/23 Pulte provided notice to the CRA on 6/26/23. Submit applications for platting, site plan and zoning Within 60 days of second deposit – 9/1/23 Applications for site plan, master plan and zoning were submitted on 6/7/23. City comments received in July. We resubmitted in 8/14/23, received comments on 9/7/2023, we resubmitted on 10/25/2023 and received comments on 11/21/2023. We anticipate staff scheduling us for the January public hearings (date TBD) Provide a copy of all HOA governing documents Prior to Site Plan Approval Date TBD Submit Plat 90 days within Site Plan Approval Date TBD (1st Amendment) Obtain all site plan and development permit approvals Within twelve months after application* Date TBD Submit building permits Within 180 days of site plan approval, unless City requires additional approvals before permit can be submitted Date TBD Commence site work Within 90 days of land development permit issuance Date TBD Commence construction of dwelling units Within 90 days of first five building permits Date TBD Obtain Final Certificate of Occupancy Within two years of commencing construction of the first dwelling unit Date TBD 223 *6-month extension may be requested. Event Due Date Status Sales and Marketing Deadlines Form of restrictive covenant Prior to Closing (Due Date updated in the First Amendment) Draft restrictive covenant provided to CRA staff on 6/12/23. Comments received from staff on 6/26/23 and Pulte responded to the comments on 7/18/23. Date TBD Groundbreaking Ceremony Prior to or simultaneously with the commencement of construction of the first unit Date TBD Implementation of sales and marketing plan and launch project website No later than 60 days after Commencement of Construction of the first dwelling unit Date TBD Notify seller that units will be sold via lottery At least 45 days prior Date TBD Ribbon Cutting Ceremony Prior to closing, or within 60 days thereafter, of the first unit Date TBD 224 225 226 227 228 •Attachment I - Executed 115 N. Federal Highway Mixed Use Project (aka The COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 OLD BUSINESS AGENDA ITEM 13.C SUBJECT: Quarterly Progress Report from BB QOZ, LLC for the 115 N. Federal Highway Mixed-Use Project (aka The Pierce) SUMMARY: On June 7, 2022, the CRA Board approved a Purchase and Development Agreement (PDA), the Tax Increment Revenue Funding Agreement (TIRFA), and the Parking Lease Agreement with BB QOZ, LLC (aka Affiliated Development, LLC) for the 115 N. Federal Highway Mixed Use Project (aka The Pierce, see Attachments I-III). Paragraph 21.9 of the PDA requires a written report every three months by BB QOZ, LLC. BB QOZ, LLC's attendance is not required to present the report to the Board unless requested by the Board. Additionally, Paragraph 3.2.4 of the TIRFA requires an update of the project's financing. The project's quarterly report was due on December 5, 2023 (see Attachment IV). The report indicated that the project received site plan approval from the City's Planning & Development Board on February 6, 2023, received City Commission site plan approval on February 21, 2023, for the first hearing, and final approval with conditions on March 9, 2023. BB QOZ, LLC indicated in their report that they were working on documents in preparation for building permit application, but had to stop due to the pending litigation challenging the abandonments (which include a portion of the north alley, the entire south alley, and NE 1st Ave, see Attachments V-VI). The First Amendment to the Purchase and Development Agreement was approved by the Board at their September 12, 2023 meeting, which set new deadlines for outcomes of the litigation (see Attachment VII). CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required unless otherwise determined by the Board. ATTACHMENTS: Description 229 Pierce) Purchase and Development Agreement •Attachment II - Executed 115 N. Federal Highway Mixed Use Project (aka The Pierce) TIRFA •Attachment III - Executed 115 N. Federal Highway (aka The Pierce) Parking Lease Agreement •Attachment IV - The Pierce Quarterly Report - December 2023 •Attachment V - Case Number 502023CA009318XXXXMB (209 N. Federal, LLC vs. City of Boynton Beach) •Attachment VI - Case Number 502023CA010518XXXXMB (BBQOZ vs. 209 N. Federal LLC) •Attachment VII - First Amendment to Purchase and Development Agreement 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 Mark 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 Mark 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 Mark 388 389 390 391 392 393 Project: The Pierce Date: 12/04/2023 Prepared by: BB QOZ, LLC Project Updates Major Master Plan and Site Plan applications were unanimously approved by the P&D Board and during two readings with the City Commission, the final approval to occur on March 9th 2023. An entity related to F. Davis Camalier (FDC Associates, LLC), through his property entity, 209 N. Federal, LLC, filed a Petition for Writ of Certiorari against the City to challenge the abandonments necessary for the Project to go forward as designed and approved. The City filed its response on April 7, 2023. The abandonments being challenged (which include the abandonment of NE 1st Ave) are integral to the overall site plan and key components that impact the Project’s approvals. On September 13, 2023, the parties executed an amendment to the Purchase and Development Agreement which modified the deadlines to submit the application to obtain our building permits. On August 8th, 2023, we satisfied our Annual Presentation and Annual Report requirements per our PDA/TIRFA. Development Deadlines (PDA/TIRFA Effective Date: July 8, 2022) Description PDA/TIRFA Deadlines Status Submit Site Plan Approval Package January 4, 2023 Complete - Submitted on September 7, 2022 Project Presentation On or before July 8, 2023 Complete, presentation made on 08/08 per CRA’s schedule Apply for Building Permit Pursuant to the terms of the amended Purchase & Development Agreement listed in footnote 1 below Date TBD Commencement of Construction Within 2 years from Closing Date Date TBD Obtain TCO 36 months from Commencement of Construction Date TBD Final CO Within 9.5 years after Effective Date Date TBD 1. A) If Final Judgement is rendered within one (1) year after the date of the amendment, the developer will proceed as follows: i. If Final Judgement is resolved favorably and developer is allowed to proceed with the site plan as approved, developer shall submit for building permits within 120 days from final judgement. ii. If Final Judgement prohibits City from abandoning the alley, therefore requiring a site plan modification, then permits are to be submitted within 120 days from approval of the site plan modification application. B) If Final Judgement is not rendered within one (1) year, the developer is to appear within 425 days of the amendment to determine a revised deadline to apply for building permits. 394 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 23-______ 209 N. FEDERAL, LLC, a Florida limited liability corporation, Petitioner, vs. THE CITY OF BOYNTON BEACH, a unit of the local government in Palm Beach County, Florida, and political subdivision of the state of Florida, Respondent. __________________________________________________________________ PETITION FOR WRIT OF CERTIORARI __________________________________________________________________ Petition for Review of Boynton Beach City Commission Ordinance __________________________________________________________________ Beth-Ann E. Krimsky, Esq. (FBN 968412) Aaron Williams, Esq. (FBN 99224) GREENSPOON MARDER LLP 200 E. Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 Direct Dial: 954-527-2427 Facsimile: 954-333-4027 Beth-ann.krimsky@gmlaw.com Aaron.williams@gmlaw.com Attorneys for Petitioner Filing # 170590020 E-Filed 04/07/2023 09:07:28 PM FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 04/07/2023 09:07:28 PM **** CASE NUMBER: 502023CA009318XXXXMB Div: AY **** NOT A CERTIFIED COPY395 -i- TABLE OF CONTENTS Page TABLE OF CONTENTS ............................................................................................ i TABLE OF AUTHORITIES .................................................................................... ii PREFACE ................................................................................................................. iv I. INTRODUCTION ............................................................................................. 1 II. STATEMENT OF THE CASE AND FACTS .................................................. 2 III. BASIS FOR INVOKING JURISDICTION AND STANDARD OF REVIEW .......................................................................................................... 13 IV. NATURE OF RELIEF SOUGHT ................................................................... 16 V. ARGUMENT ................................................................................................... 16 A. THE COMMISSION FAILED TO COMPLY WITH THE ESSENTIAL REQUIREMENTS OF THE LAW WHEN IT APPROVED THE APPLICANT’S APPLICATION. ........................16 B. THE CITY COMMISSION FAILED TO MAKE OR RECORD ANY FINDINGS IN VIOLATION OF THE ESSENTIAL REQUIREMENTS OF THE LAW, ALSO EVIDENCING THE FAILURE TO APPLY ESTABLISHED CRITERIA. ..........................................................................................20 C. THE DECISION OF THE CITY COMMISSION IS NOT SUPPORTED BY SUBSTANTIAL COMPETENT EVIDENCE. ........................................................................................22 VI. CONCLUSION ................................................................................................ 24 CERTIFICATE OF SERVICE ................................................................................ 25 CERTIFICATE OF COMPLIANCE ....................................................................... 26 NOT A CERTIFIED COPY396 -ii- TABLE OF AUTHORITIES Page(s) Cases Alvey v. City of North Miami Beach, 206 So. 3d 67 (Fla. 3d DCA 2016) ............................................................... 18, 19 Brevard Cty. v. Snyder, 627 So. 2d 469 (Fla. 1993) ...................................................................................14 City of Apopka v. Orange Cty., 299 So. 2d 657 (Fla. 4th DCA 1974) ...................................................................21 City of Jacksonville v. Taylor, 721 So. 2d 1212 (Fla. 1st DCA 1998) .................................................................19 De Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957) .....................................................................................15 England v. Louisiana State Board of Medical Examiners, 375 U.S. 411 (1964) .............................................................................................13 Fields v. Sarasota Manatee Airport Authority, 953 F.2d 1299 (11th Cir. 1992) ...........................................................................13 Geico Cas. Ins. Co. v. Dupotey, 826 So. 2d 380 (Fla. 3d DCA 2002) ............................................................. 11, 12 Gentry v. Dep’t of Prof’l & Occupational Regulations, Sta te Bd. of Med. Exam’rs, 283 So. 2d 386 (Fla. 1st DCA 1973) ...................................................................21 Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523 (Fla. 1995) ...................................................................................18 Hayes v. Monroe Cty., 337 So. 3d 442 (Fla. 3d DCA 2022) ....................................................................21 Hillsborough Cty. Bd. of Cty. Comm’rs v. Longo, 505 So. 2d 470 (Fla. 2d DCA 1987) ....................................................................23 NOT A CERTIFIED COPY397 -iii- Irvine v. Duval Cty. Planning Comm’n, 466 So. 2d 357 (Fla. 1st DCA 1985) ................................................ 15, 20, 21, 22 Ivey v. Allstate Ins. Co., 774 So. 2d (Fla. 2000) .........................................................................................18 Parker Family Trust I v. City of Jacksonville, 804 So. 2d 493 (Fla. 1st DCA 2001) ...................................................................14 Planning Com’n of City of Jacksonville v. Brooks, 579 So. 2d 270 (Fla. 1st DCA 1991) ............................................................ 21, 22 Promenade D’Iberville, LLC v. Sundy, 145 So. 3d 980 (Fla. 1st DCA 2014) ............................................................ 1, 3, 5 Wolk v. Bd. of Cty. Comm’rs of Seminole Cty., 117 So. 3d 1219 (Fla. 5th DCA 2013) .................................................................19 Statutes Article V, § 5(b), of the Florida Constitution ..........................................................14 Rules Florida Rule of Appellate Procedure 9.030(c)(2) ....................................................14 NOT A CERTIFIED COPY398 -iv- PREFACE This Petition for Writ of Certiorari (“Petition”) seeks review o f an ordinance approving of three road abandonment applications by the Cit y of Boynton Beach. Petitioner is 209 N. Federal, LLC and is referred herein as “2 09.” Respondent is the City of Boynton Beach and will be referred throughout the Pet ition as the “City.” Citations to the Appendix to Petition for Writ of Certiorari , filed contemporaneously with this Petition are abbreviated as “A:” NOT A CERTIFIED COPY399 53911086v8 I. INTRODUCTION1 209 owns the real property located at 209 North Federal Hi ghway in the City of Boynton Beach (the “209 Property”) and currently leases it to The Boardwalk Italian Ice and Creamery, LLC. The Pierce, a multimillion-do llar development project comprised of several different parcels in downtown Boynton Beach, has received a blanket City staff recommendation of approval for 3 applications of abandonment of roads located near the parcels. 209 is near or adjacent to each of the roads to be abandoned. Abandonment of roads is governed b y Section Boynton Beach, Part III Land Development Regulations (“LDR”), Chapter 2, Article II, Planning and Zoning Division Services, Section 2.G.3. 1 On March 15, 2023, Petitioner sent correspondence to the City seeking the record related to this Application. Despite Petitioner c ontinually following up, Petitioner received links to those records just three hours before the close of the business day on the date of filing the Petition. (A:1 712; A:1713-16). The City’s delay in meeting its obligations to make the records avail able to Petitioner is wholly unjustifiable. See Promenade D’Iberville, LLC v. Sundy, 145 So. 3d 980, 983 (Fla. 1st DCA 2014); see id . (“Florida law doesn’t allow public records custodians to play favorites on the basis of who is requ esting records”; awarding fees and costs for unlawful refusal to provide public recor ds). Indeed, the gamesmanship engaged by the City is unacceptable and runs afoul of Petitioner’s due process and the traditional notion of fair play. See A:1679-80 (commissioner accusing Petitioner of unspecified, nefarious conduct and remarki ng he does not appreciate Petitioner’s opposition to the road abandonment s). In any event, while Petitioner does have some materials, and those are cited here, it was lacking a complete record until the City belatedly produced it. Pet itioner will amend its Petition and contemporaneously filed appendix as soon as it has a meaningful opportunity to review the materials sent by the City. NOT A CERTIFIED COPY400 2 53911086v8 Road abandonment was not part of The Pierce’s original plans submitted to the City. 209 opposed the road abandonment applicatio ns immediately at each stage of approval, pointing out that any approval would sev erely and detrimentally affect access to the 209 Property. The LDRs require the City to c onsider and determine whether abandonment would result in “a permanent stoppage, int erruption, or an unacceptable level of service for the subject lot or on neighbo ring lots, subdivisions, or developments with respect to police, fire, or other emerg ency services; or solid waste removal.” (LDR, Section 2.G.3.a.). Specifically, the City’s approval of any road abandonment must consider if such approval would restri ct emergency vehicle access to the 209 Property should an emergency arise and there mus t be competent substantial evidence presented to support an express fact ual finding on this necessary factor. The evidence presented during the quasi-judicial he arings on the proposed ordinance approving the abandonment applications provided no such competent substantial evidence to support the approval of any aban donment. Despite this, the City nevertheless passed an ordinance approving the appl ications for road abandonment. In the absence of such evidence, the ordinance simply cannot stand. II. STATEMENT OF THE CASE AND FACTS The Pierce is a $73 million mixed-use development project designed to include a complex of apartments, restaurants, and retail sto res in downtown Boynton Beach. (A:523, 525, 621-23, 1611). The Project is comprised of several different NOT A CERTIFIED COPY401 3 53911086v8 parcels of real property located from East Boynton Beach Bl vd to East Ocean Ave. along Federal Highway. (A:891; see A:525). BB QOZ, LLC (“Applicant”) is the applicant behind the Pierce and the abandonment at issue. (A:715). The record demonstrates that t he City viewed the Pierce as a development project “especially needed.” (A:524-2 5). The Applicant ultimately received City approval to proceed with the Pro ject with little, if any, real opposition from the City Commission. (A:1158). The original plans for the Project did not contemplate any road abandonment for any of the aforeme ntioned parcels. (A:1628-29). Site plans instead depict a bridge over NE 1st A venue. (Id.). In 2022, the Applicant applied for 3 road abandonments i n the immediate vicinity of the 209 Property. (A:1607-10). The road abando nments sought the vacation of a portion of an alleyway (the “North Alley”), a portion of NE 1st Avenue (“right-of-way”), and the full length of another alleyway (the “South Alley”) (together with the North Alley, the “alleys”). (E.g., A:1398). The North Alley forms the north boundary of the 209 Pro perty. Northeast 1st Avenue forms the southern boundary of the 209 Property an d contains the main driveway into the 209 Property. The abandonment area turns both of these into dead ends terminating at the west edge of the 209 Property and open only to Federal Highway southbound, such that drivers exiting the 209 Prop erty will no longer be NOT A CERTIFIED COPY402 4 53911086v8 able to turn west onto Northeast 1st Avenue or the North Alley, and there will be no eastbound traffic at all. The impacted areas are illust rated below: NOT A CERTIFIED COPY403 5 53911086v8 (E.g., A:705). An application for vacation and abandonment approval requi res review and approval by the City Commission. LDR 2.G.4. To justify t he issuance of an ordinance vacating a road, an application must meet criter ia set forth in LDR 2.G.3(a)-(d), which address issues regarding access, utiliti es, drainage and wastewater management, and conservation. To justify its A pplication, the Applicant simply asserted, in summary fashion, that abandonment met the review criteria set forth in Section 2.G.3 of the LDR. (A:715-18; A:1670-73). N o evidence or substantive analysis was offered. The City readily accepted the Applicant’s conclusory reci tation of the four criteria as satisfaction of the criteria without conductin g its own independent analysis or determining if there was evidentiary for each of the factors. Specifically, in January 2023, City staff supposedly reviewed the App lication and determined that granting it “would not adversely impact traffic,” other City functions, or adjacent property owners. (A:704). City staff determined further that th e right-of-way and alleys “no longer serve a public purpose other than retent ion of necessary utility assessments” and, therefore, recommended approval of the Applic ation. (Id.). While it is clear from the Staff Report the City consulted with publ ic utility companies and city departments addressing engineering, public works/u tilities, and planning and zoning, there is no indication local government departments , such as police and fire, NOT A CERTIFIED COPY404 6 53911086v8 assessed or otherwise opined on any implications arising fr om road abandonments to 209 or any of the adjacent properties. The City Staff Report is devoid of any evidence addressing whether or not the abandonment would c ause or result in a permanent stoppage, interruption, or an unacceptable level o f service with respect to police, fire, or other emergency services. (A:615-804). Upon learning about the Application, 209 immediately lodged its opposition and requested a denial of the Application. (A:891-93). As Pe titioner explained to the City, the Application fails to satisfy one of the four crit eria, namely, access. The LDR raises these questions when assessing the access factor: Does the subject land provide a legal means of access to a l ot of record, subdivision, or development? Would the vacation and aband onment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire , or other emergency services; or solid waste removal? LDR 2.G.3.a.; A:891-93. In a letter dated February 21, 2023, ahead of the hearing, 209 pointed out that granting the Application would not only increase traffic but also impair ingress and egress to the 209 Property, thereby creating public safety issues and grossly limiting the accessibility to the property b y customers as well as first responders should emergency services be required. (A:891-9 3). This is illustrated simply by looking at the aerial ph otograph. Federal Highway at Northeast 1st Avenue has no median cut or tra ffic signal. Currently, NOT A CERTIFIED COPY405 7 53911086v8 northbound drivers on Federal Highway can easily access t he 209 Property by turning left (west) at the signal at East Ocean Avenue a nd going one block to Northeast 4th Street and turning right, then east on Northeast 1st Avenue to the 209 Property. Similarly, leaving the 209 Property to drive north o n Federal Highway simply requires turning right onto Northeast 1st Avenu e, heading west, going north on Northeast 4th Street to East Boynton Beach Boulevard, going east, then turning left (north) at the signal for Federal Highway. After the abandonment, this traffic pattern will be complet ely disrupted. Northbound drivers on Federal Highway seeking to enter the 209 Property will be forced to make a U turn at East Boynton Beach Boulevard, then turn into what would be a dead-end street. Similarly, drivers leavin g the 209 Property to go north will be forced to make a U turn at East Ocean Aven ue Federal Highway is only two lanes wide at these points, so clearance for this dangerou s maneuver would be difficult, especially for larger vehicles or elderly driver s. The potential for traffic conflict and accidents is significantly heightened, and eas e of access to the 209 Property is greatly diminished. (A:1630-36, 1685-88). The first of two quasi-judicial hearings on the proposed ord inance granting the Application was held February 21, 2023. At the hearin g, the City read the proposed ordinance. (A:1154-55). The Applicant recognized its obligation “to obtain the written consent of the nearby property owner” impacted by road abandonments NOT A CERTIFIED COPY406 8 53911086v8 (A:1178), but nevertheless advocated against the necessity of that obligation and for road abandonment because “certain right of ways . . . are certainly underutilized.” (A:1165-66). The City staff, in response, pointed out that it “typically ask[s] for consent of the neighboring parcels,” though it felt “comfo rtable” requiring the Applicant merely to “work with the neighbors” on any abando nment issues. (A:1180-81). At least two members of the public and one City commissi oner expressed concern over abandonment, including the potential impairmen t of the provision of critical City services such as trash collection. (E.g., A:1193; A:1154-84). For its part, 209 pointed out that the Applicant had not directly re ached out to it to address the Project or the abandonments. (A:1204-05). In the little time it had to present its concerns at the hearing, 209 pointed out that abandonment would limit access to its property and 209 urged the City to require the Applicant to cooperate with 209 and address 209’s concerns. (A:1205-07). City staff opined that if abandonment is not approved for ju st one of the roads, “considerable redesign of the project” would need to foll ow (even though abandonment was not part of the original Plan). (A:1217). The Applicant opposed a re-design because doing so would “become[] very hard with all the code requirements that we have.” (A:1221-23). The City Mayor recogniz ed the Applicant re-designed the Project “way too many times” and affirmed: “W e are not starting NOT A CERTIFIED COPY407 9 53911086v8 from scratch at the last hour.” (A:1231). Following this aff irmation, the City Mayor sought a motion to grant first reading approval to the p roposed ordinance, with the condition that the Applicant “work[] with the adjacent pro perty owners for the abandonment request.” (A:1233-34). The motion passed unanimously. (A:1234). There is no record evidence the Applicant ever “worked with [209 on] the abandonment request.”2 At no point during the 2/21 hearing was there any com petent substantial evidence presented by the City or Applicant add ressing whether or not police, fire or emergency services would be impacted by the a bandonment request. On March 9, 2023, 209 submitted a second letter reiteratin g its concerns in great detail. (A:1591-92). At the second quasi-judicial hearin g held later that day, the Applicant sought final approval of its Application. (A:1603-1702). Prior to this hearing, City staff had already recommended approval despit e the fact that it still had not heard from the City traffic engineer on road abandonmen t nor received input from police, fire, or other emergency services to address the im plications arising from road abandonments. (A:1409). 2 This comes as no real surprise. A property owner nearby commended the City for requiring the Applicant to contact that owner regarding its concerns “[b]ecause prior to that, we were not contacted at all.” (A:1207). That is in line with 209’s own experience. The property owner urged the Cit y not to remove the condition that the Applicant continue to cooperate wit h that property owner for fear that the Applicant would stop cooperating. (A:1207-0 8). NOT A CERTIFIED COPY408 10 53911086v8 During the hearing, 209 presented testimony from a traffic engineer, Joaquin Vargas, to address road abandonment—the only witness who presented on the subject matter. The expert testified: (i) road abandonments are u ncommon but when the issue arises, detailed traffic studies are usually perf ormed; (ii) a traffic study had not been undertaken for NE 1st Avenue in connection with the Project; (iii) a road abandonment of NE 1st Avenue nevertheless “would cause so me traffic concerns for the area,” including exacerbating traffic backup in multi ple locations and limiting road access; (iv) a road abandonment would result in a “sig nificant impact to [209’s] parcel from an access point of view to get to the parcel and also to leave from the parcel”; and (v) increase in traffic will cause safety concer ns and safety hazards. (A:1629-36, 1685-88). 209 also cross-examined City staff, which put together the re commendation of approval of the Application despite the absence of any analysis on the impact abandonment has on public safety as required by the LDR. (A:16 36-38). Based on the evidence presented at the hearing, 209 argued that abandoning the roads would create traffic and safety issues. (A:1638-41). 209 also po inted out there was no record evidence reflecting the assurance of the provision o f local governmental services, such as fire and police, to properties near the al leys and right-of-way after abandonment. (A:1640-41, 1688-89). Moreover, in the absence of an analysis on public safety or the undertaking of any traffic study assessin g the effect of a road NOT A CERTIFIED COPY409 11 53911086v8 abandonment on properties near the right-of-way and alleys, th e Applicant failed to satisfy its burden to meet the criteria in the LRD regulation s and failed to present competent substantial evidence to support its Application. (A:1640-41, 1688-89). In addition to 209’s opposition, members of the public and local businesspersons operating near the North Alley and elsewhere , sought a delay of, or otherwise opposed, the City’s approval of the Application because of the limited road access and adverse economic impact an abandonment wou ld create to local businesses. (A:1641-45). The Applicant itself recognized r oad access issues, testified it was a complicated issue that warranted a “much greater discussion” in the future, and recognized there was no immediate solution in p lace and that more time would be needed to find one. (A:1648-49). When pressed by some City commissioners, the Applicant ultimately agreed to enter i nto an access agreement with just one businessowner (A:1661), and with that, the Ci ty pressed on as it clearly intended from the outset.3 3 An agreement to agree is tantamount to no agreement at all, e.g., Geico Cas. Ins. Co. v. Dupotey , 826 So. 2d 380, 382 (Fla. 3d DCA 2002) (statements of futu re intentions do not give rise to an enforceable contract), a nd one access agreement with one businessowner does not address concerns raised by 209 and others. The Applicant endeavored to shift the blame to 209 for not re aching out to it previously about 209’s concerns. (A:1689-90). But the Cit y placed the onus on the Applicant, not on 209, to “work[] with the adjacent property owners for the abandonment request.” (A:1233-34). And, despite the City’s d irective to do so, there is no evidence the Applicant did that following the first readi ng of the proposed ordinance and before the City’s final approval of the Application. NOT A CERTIFIED COPY410 12 53911086v8 The City examined City staff, who testified that a traffic study was submitted along with the Master Plan and site plan and that police a nd fire departments reviewed these plans. (A:1645-46). However, that Master Plan was unconcerned about adjacent properties, such as 209 and there was no record evidence included with the City’s Staff Report that addressed whether the aban donment would cause or result in a permanent stoppage, interruption, or an unacceptable level of service with respect to police, fire, or other emergency services. (A:16 84-89). The record available to 209 reflects that local government units on ly reviewed the Project in master plan format, and not the abandonments. (Id.; A:1006-09). The City Staff Report addressing the master plan reflects: (A:1009). There is no indication the local government units providing critical services to the 209 Property and the area impacted by the Project reviewed anything other than the site plan, and certainly no evidence that they reviewed and commented on the abandonment. Despite various suggestions to table the abandonment App lication pending further review and despite 209 illustrating the absence of competent substantial evidence to support the grant of the Application, the City approved the Application NOT A CERTIFIED COPY411 13 53911086v8 at the conclusion of the hearing, without competent subs tantial evidence to support this approval. (A:1697-99).4 Following the hearing on March 9, the City issued Ordina nce No. 23-006 (“Ordinance”). (A:1704-11). The Ordinance provides City staff had determined the requested road abandonment would not adversely impact traffic, other City functions, or adjacent property owners and that the right-of-way no longer served a public purpose other than retention of a utility easement . (A:1704). Based on these staff determinations, the City Commission formally abandoned the North and South Alleys as well as the right-of-way on NE 1st Avenue. T he Ordinance took immediate effect on March 13, 2023, upon its passage. This Petitio n follows, seeking review of the Ordinance. 209 reserves the right to file suit in state or federal co urt to pursue all equitable statutory and legal remedies afforded it under the law. See England v. Louisiana State Board of Medical Examiners , 375 U.S. 411, 420-422 (1964), and Fields v. Sarasota Manatee Airport Authority , 953 F.2d 1299 (11th Cir. 1992). III. BASIS FOR INVOKING JURISDICTION AND STANDARD OF REVIEW This Petition arises from the City Commission’s improper ap proval of the Applicant’s Application. The Applicant’s Application is required to meet all of the 4 As one public commentator astutely noted: “it seems lik e you know, the commission and the [C]ity, you kinda do – do what you wa nna do.” (A:1215). NOT A CERTIFIED COPY412 14 53911086v8 applicable requirements of the City’s Code. It does not. Following quasi-judicial hearings held by the City Commission in relation to the Application, the City Commission approved the Application even though it is unc ontroverted that the Application failed to satisfy all of the criteria set fo rth in the Code and, in fact, was completely lacking in competent substantial evidence to satisfy the essential criteria. Indeed, the City’s staff report failed even to men tion all of the Code provisions that must be satisfied in order to approve an ab andonment. Additionally, it is evident based on the discussion had by the Cit y Commission at the public meetings held on February 21 and March 9, 2023, that th is Project was something desired by the City, and no matter whether there was com petent substantial evidence to support it or not, the City was going to app rove the abandonment. The City improperly disregarded the Code to achieve a pre-determine d result, in a stark departure from the essential requirements of the law. The jurisdiction of this Court is therefore invoked pursu ant to Article V, § 5(b), of the Florida Constitution and Florida Rule of Appellat e Procedure 9.030(c)(2). Certiorari lies to review the exercise of quasi-ju dicial power exercised by a city commission. See, e.g., Brevard Cty. v. Snyder , 627 So. 2d 469, 476 (Fla. 1993). Proceedings conducted by a city council, which proce edings address rezoning applications, are quasi-judicial in nature. Parker Family Trust I v. City of Jacksonville , 804 So. 2d 493 (Fla. 1st DCA 2001). NOT A CERTIFIED COPY413 15 53911086v8 To sustain the decision, the City must establish that i ts decision was supported by substantial competent evidence, that the decision accor ds with the essential requirements of law, and that the City Commission provided for due process in relation to the quasi-judicial hearings. Irvine v. Duval Cty. Planning Comm’n, 466 So. 2d 357, 362 (Fla. 1st DCA 1985), dissent approved by Irvine v. Duval Cty. Planning Comm’n , 495 So. 2d 167 (Fla. 1986). Substantial competent evidence in the context of certiorari proceedings has been defined as: . . . such evidence as will establish a substantial basis of fact from which the fact at issue can be reasonably inferred. We have stated it to be such relevant evidence as a reasonable mind would accept as adequate to support a conclusion. In employing the adjective “competent” to modify the word “substantial,” we are aware of the familiar rule that in administrative proceedings the formalities in the introduction of testimony common to the courts of justice are not strictly employed. We are of the view, however, that the evidence relied upon to sustain the ultimate finding should be sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached. To this extent the “substantial” evidence should also be “competent.” De Groot v. Sheffield, 95 So. 2d 912, 916 (Fla. 1957) (citations omitted). Here, the only evidence in the record confirmed the Applicati on failed to satisfy all of the applicable criteria set forth in the City’s own code when considering an abandonment. There being no substantial competent evi dence in the record to NOT A CERTIFIED COPY414 16 53911086v8 support its decision under the application of the correct law, or findings made by the City Commission, approval of the Application was incorre ct and should be quashed. IV. NATURE OF RELIEF SOUGHT Petitioner seeks issuance of a Writ of Certiorari, quashing the City’s March 9, 2023 Ordinance approving the Applicant’s Application beca use there is no substantial competent evidence to support the City’s deci sion and the decision departs from the essential requirements of the law. V. ARGUMENT A. THE COMMISSION FAILED TO COMPLY WITH THE ESSENTIAL REQUIREMENTS OF THE LAW WHEN IT APPROVED THE APPLICANT’S APPLICATION. i. The Failure of the City to Render a Decision Based on Established Criteria Constitutes a Departure from the Essential Requirements of the Law. The abandonment criteria as established in the City code is as follows in pertinent part: Vacation and Abandonment. 1. General. The purpose of this subsection is to establish uniform procedures for the vacation and abandonment of city rights-of-way (e.g. street, alley, etc.), special purpose e asements, and other non-fee interests of the city. When approved for vacation and abandonment, the city relinquishes its int erest in the above, based in part, on the finding that the subje ct right-of- way no longer serves a public purpose. For the purposes of this subsection, a “site plan” shall be construed to include either a new site plan or a major site plan modification. 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application. NOT A CERTIFIED COPY415 17 53911086v8 3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the sub ject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of servi ce to the subject lot or neighboring lots, subdivisions , or developments? c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainag e or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of fl ora or fauna? LDR Section 2.G.1-3. As detailed extensively above, the City Commission vot ed in favor of the Application despite the abandonment criteria, as specified in Section 2.G.3 of the City’s Land Development Regulations not being met. This is a departure from the essential requirements of the law. The City failed to even review and analyze the evidence, or lack thereof, in the record to act in their quasi -judicial capacity to NOT A CERTIFIED COPY416 18 53911086v8 enforce the applicable law, opting instead to favor thei r own feelings and opinions as to a desired result. See Alvey v. City of North Miami Beach , 206 So. 3d 67 (Fla. 3d DCA 2016) (granting rezoning based on perceived econom ic benefit to city and not based on enumerated criteria was a departure from essential requirements of the law). Under Florida law, a departure from the essential requirements of the law in this context means “an inherent illegality or irregularity, an abuse of judicial power, an act of judicial tyranny perpetrated with disregard of procedural requirements, resulting in a gross miscarriage of justice.” Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 527 (Fla. 1995) (internal citations omitte d). A departure from the essential requirements of the law is not merely a disagreement wi th the interpretation of applicable law but instead must include an applica tion of incorrect law or a miscarriage of justice. Ivey v. Allstate Ins. Co ., 774 So. 2d 67, 683 (Fla. 2000). Florida courts have consistently determined that a municipal ity departs from the essential requirements of the law by rendering decisio ns that are not based on the established criteria or factors. See Alvey v. City of N. Miami Beach, supra (quasi- judicial body must apply established criteria and not vote based on other factors) (granting rezoning based on perceived economic benefit to city and not based on enumerated criteria was a departure from essential requirements o f the law); Wolk v. Bd. of Cty. Comm’rs of Seminole Cty.,117 So. 3d 1219 (Fla. 5th DCA 2013) (holding NOT A CERTIFIED COPY417 19 53911086v8 that a miscarriage of justice results where wrong law is a pplied by a local governmental body); City of Jacksonville v. Taylor , 721 So. 2d 1212 (Fla. 1st DCA 1998) (granting a variance because of others previously given and not based on code’s criteria was improper). Alvey is most instructive here and frankly mirrors the decision made by the City Commission. There, the City of North Miami Beach approved a rezoning not based on the established criteria in the city’s code but instead because the city council believed that the rezoning and proposed project would economically benefit the city. Alvey , 206 So.3d at 72. The appellate court held that decision was a departure from the essential requirements of the law as the city council failed to apply the correct law in the city’s code for consideration of the zoning application there. Id . at 73. Simply put, if a municipality does not base its decisions on the application of the correct law or criteria, then the decisio n rendered is a departure from the essential requirements of the law. Id. Here, the decision made by the City is akin to the invali d decision rendered in Alvey . Specifically, Section 2.G.3(a) of the City’s Code addressin g the necessary criteria to be satisfied for abandonments provides as follows: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation of abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions , or NOT A CERTIFIED COPY418 20 53911086v8 developments with respect to police, fire, or other emergency services; or solid waste removal? The City did not address this criterion. Instead, person al views and opinions permeated into the City Commission’s decision-making pro cess and impermissibly tainted their votes on this quasi-judicial decision. Th e decision made by the City Commission was not made through application of the correct law and thus this decision constitutes a departure from the essential requiremen ts of the law and must be quashed. B. THE CITY COMMISSION FAILED TO MAKE OR RECORD ANY FINDINGS IN VIOLATION OF THE ESSENTIAL REQUIREMENTS OF THE LAW, ALSO EVIDENCING THE FAILURE TO APPLY ESTABLISHED CRITERIA. In determining whether the essential requirements of law we re met upon a review of a quasi-judicial action, this Court must examine whether the City Commission made detailed findings of fact supporting the den ial of the Application. Irvine, 466 So. 2d at 365. “All administrative agency orders must contain detailed findings of fact that are legally sufficient to support the decision ordered.” Id. Furthermore, “[i]t has been repeatedly held by the courts of this state that in order to assure due process and equal protection of the laws, every fi nal order entered by an administrative agency in the exercise of its quasi-judicial fu nctions must contain specific findings of fact upon which its ultimate action is taken. An administrative order which fails to contain such findings is ineffectua l as a predicate of the order NOT A CERTIFIED COPY419 21 53911086v8 sought to be enforced.” Gentry v. Dep’t of Prof’l & Occupational Regulations, State Bd. of Med. Exam’rs, 283 So. 2d 386, 387 (Fla. 1st DCA 1973); see also Hayes v. Monroe Cty., 337 So. 3d 442, 445 (Fla. 3d DCA 2022). Findings that are merely general conclusions parroting the language of the statute or ordinance are insufficient as a matter of law because such conclusions provide no way for the appellate court to know on judici al review whether the conclusions have sufficient foundation in findings of fact. Irvine, 466 So. 2d at 366 (citing City of Apopka v. Orange Cty., 299 So. 2d 657 (Fla. 4th DCA 1974)). The failure to make specific findings constitutes a departur e from the essential requirements of the law in and of itself. Planning Com’n of City of Jacksonville v. Brooks, 579 So. 2d 270, 272 (Fla. 1st DCA 1991) (citing Irvine , 466 So. 2d at 366- 367). Most significantly, Florida law provides that rega rdless of which party bears the burden of proof, a city’s failure to make adequate finding s of fact constitutes a departure from the essential requirements of law. Irvine , 466 So. 2d at 366; see also Brooks, 579 So. 2d at 273-274 (finding no error in circuit co urt’s ruling that commission failed to present any record evidence in suppor t of its decision to deny application). While the City at the March 9, 2023 meeting attempted to ar gue in rebuttal that there was police and fire review of the Master Plan, t his Plan did not contemplate abandonment. (A:1646). The City Staff Report as it related to the Master Plan only NOT A CERTIFIED COPY420 22 53911086v8 addressed how fire and police approved of the impacts of th e Project with its then current or expected infrastructure and/or staffing levels an d ignored any impacts the abandonment may have as it pertains to neighboring lots . (A:759-63). Simply put, it’s apples and oranges. While the police, fire and emergency services may have provided review and input as to their services to the Projec t, the record is devoid of any evidence as to what the impacts may or may not be to neighb oring property and specifically 209 that will be losing significant access b ased on the abandonment. The complete lack of detailed findings requires this Court to find that the essential requirements of the law were not met. See Brooks , 579 So. 2d at 273; Irvine, 466 So. 2d at 366-367. C. THE DECISION OF THE CITY COMMISSION IS NOT SUPPORTED BY SUBSTANTIAL COMPETENT EVIDENCE. i. The Application is Not Justified as there is No Competent Substantial Evidence Supporting All of the Relevant Review Criteria for an Abandonment. The criteria set forth in LDR section 2.G.3(a) is determinative of why the Application should not have been granted in this case . It provides in relevant part as noted above: Access. Does the subject land provide a legal means of ac cess to a lot of record, subdivision, or development? Would the vac ation of abandonment cause or result in a permanent stoppage, interrupti on, or an unacceptable level of service for the subject lot or on n eighboring NOT A CERTIFIED COPY421 23 53911086v8 lots, subdivisions, or developments with respect to pol ice, fire, or other emergency services; or solid waste removal? The Staff Reports are the City’s only effort at entering substa ntial competent evidence into the record. (A:702-804, 1094-1110). Florida law recognizes that the staff reports prepared by the professional planning staffs are considered substantial competent evidence and satisfy the standard of evidence a governing body may rely on to support its decision. Hillsborough Cty. Bd. of Cty. Comm’rs v. Longo, 505 So. 2d 470 (Fla. 2d DCA 1987). Here, however, the Staff Reports are devo id of any evidence addressing whether vacation or abandonment may cause or result in a permanent stoppage, interruption, or an unacceptable lev el of service for the subject lot or on neighboring lots, subdivisions, or development s with respect to police, fire, or other emergency services. (A:702-804, 1094-1110). The Cit y certainly knows of its obligations to satisfy factors in the abandonment a nd obtained input from City Engineering, Public Works/Utilities, Planning and Zoning, and Public Utilities. (A:1107-1110). The Staff Report even addressed the traffic issues related to these abandonments but said nothing as to the determination need ed that the abandonment would not result in an interruption or unacceptable servi ce level of police, fire, or other emergency services for 209 or any other neighboring lots. (A:1085-1110, 1398-1423, 1646). While the City attempted to provide evidence in respons e to the arguments presented, it fell short. Indeed, while it provided te stimony asserting that there was NOT A CERTIFIED COPY422 24 53911086v8 review of the master plan, there was no testimony on any pol ice, fire, or other emergency services impacts on 209 or any neighboring prop erties as a result of the proposed abandonments. (A:1645-46, 1688-89). Additionall y, the Staff report considering the Master Plan provided no input as to the aban donments. (A:1003- 1010, 1468-75). This constitutes a total failure to provide any competent substantial evidence satisfying LDR section 2.G.3(a), which is necessary to appro ve the abandonment. This failure to have any evidence that supporting the s atisfaction of this LDR section must result in the denial of the Application. As the Application was approved without competent substantial evidence for a necessary element, the approval must be quashed. VI. CONCLUSION For the foregoing reasons, it is respectfully submitted th at this Court should quash the City Commission Ordinance approving the Appli cation, and for such other and further direct and relief as this Court may deem appropriate u nder the circumstances. Respectfully submitted, /s/ Beth-Ann E. Krimsky Beth-Ann E. Krimsky, Esq. Aaron Williams, Esq. GREENSPOON MARDER LLP 200 E. Broward Boulevard, Suite 1800 Ft. Lauderdale, Florida 33301 NOT A CERTIFIED COPY423 25 53911086v8 Telephone: 954.527.2427 beth-ann.krimsky@gmlaw.com aaron.williams@gmlaw.com Attorneys for Petitioner CERTIFICATE OF SERVICE I hereby certify that on this 7th day of April 2023, a copy of the foregoing Petition was filed via the Florida Court E-Filing Portal o n all counsel of record and by email on all parties listed on the Service List below. Service List: Michael D. Cirullo, Jr. Goren Cherof Doody & Ezrol P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 mcirullo@gorencherof.com Attorney for Respondent NOT A CERTIFIED COPY424 26 53911086v8 CERTIFICATE OF COMPLIANCE Undersigned counsel certifies that TIMES NEW ROMAN, 14 pt., is used in this brief. By: /s/ Beth-Ann E. Krimsky Beth-Ann E. Krimsky, Esq. Florida Bar No. 968412 beth-ann.krimsky@gmlaw.com clemencia.corzo@gmlaw.com mor.avin@gmlaw.com Aaron T. Williams, Esq. Florida Bar No. 99224 aaron.williams@gmlaw.com aggie.mctier@gmlaw.com NOT A CERTIFIED COPY425 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: BB QOZ, LLC, a Florida limited liability company, Plaintiff, v. 209 N. FEDERAL, LLC, a foreign limited liability company, FDC ASSOCIATES, LLC, a Florida limited liability company, and F. DAVIS CAMALIER, Defendants. _____________________________________________/ COMPLAINT Plaintiff, BB QOZ, LLC, a Florida limited liability company, (“BB QOZ”), by and through its undersigned counsel, files this its Complaint against 209 N. FEDERAL LLC, a Florida limited liability company (“209 N. FEDERAL”), FDC ASSOCIATES, LLC (“FDC”), and F . DAVIS CAMALIER (“CAMALIER”), and in support thereof allege as follows: JURISDICTION, PARTIES AND VENUE 1. Plaintiff, BB QOZ, LLC, is a Florida Limited Liability Company, engaged in substantial and not isolated activity in Boynton Beach, Florida, maintains i ts principal place of business in Fort Lauderdale, Florida, and is operating, conducting, engaging in, or carryi ng on a business in Boynton Beach, Florida. 2. Defendant, 209 N. FEDERAL, LLC, is registered as a Foreign Limited Liability Company in the State of Florida, is engaged in substantial and not isolated a ctivity in Boynton Beach, Florida, maintains its principal place of business in Boynton Beach, Florida, and is Filing # 173704004 E-Filed 05/22/2023 03:46:48 PM FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 05/22/2023 03:46:48 PM **** CASE NUMBER: 502023CA010518XXXXMB Div: AE **** NOT A CERTIFIED COPY426 2 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com operating, conducting, engaging in, or carrying on a business and/or business venture in Miami, Florida. 3. Defendant, FDC ASSOCIATES, LLC, is a Florida Limited Liability Compa ny, engaged in substantial and not isolated activity in Boynton Beach, Florida, maintains it s principal place of business in Miami, Florida, and is operating, conducting, engaging in, or ca rrying on a business and/or business venture in Miami, Florida. 4. Defendant, F. DAVIS CAMALIER, is operating, conducting, engaging in, or carrying on a business in Boynton Beach, Florida and/or has an office or agency in this state. 5. The amount in controversy in this case exceeds $500,000.00, and the acts subject to this Verified Complaint occurred in Boynton Beach, Florida, and therefor e jurisdiction and venue are proper in Palm Beach County, Florida. 6. All conditions necessary to the bringing of this action have been performed, occurred, or have been waived. 7. Plaintiff has agreed to pay the undersigned law firm its reasonable attorney's fees and costs. GENERAL ALLEGATIONS 8. This is an action by BB QOZ to hold 209 N. FEDERAL, FDC, and CAMALIER accountable for their tortious interference, abuse of process and extorti onate behavior related to BB QOZ’s efforts to redevelop and revitalize a section of the City of Boynton Beach pursuant to the terms of its Purchase & Sale Agreement (“PSA”) with the Boynton Bea ch Community Redevelopment Agency (“BB CRA”). This is nothing but a shakedown effort by CA MALIER and his entities, 209 N. FEDERAL and FDC, to hold BB QOZ, the City of Boynton Beach, and its residents’ hostage in an effort to force an inflated purchase price f or his adjacent property or NOT A CERTIFIED COPY427 3 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com receive a portion of the deal/project to which he has no right. As a result of these extortiona te and tortious acts and abuse of process, BB QOZ’s ability to proceed with the rede velopment and revitalization of City of Boynton Beach has been jeopardized and BB QOZ has incurred substantial damages in excess of $500,000.00. The redevelopment and revitalization of the City of Boynton Beach 9. Pursuant to the Community Redevelopment Act of 1969, the BB CRA was established in 1982 by the City Commission to undertake activities and projects that would eradicate conditions of slum and blight in the Boynton Beach community. The ma in objective of the BB CRA was and is to spearhead new development and redevelopment e fforts that accomplish beneficial revitalization within its boundaries through planning, redevelopment, historic preservation, economic development and affordable housing so that the tax ba se can be protected and enhanced by these mutually supportive activities. 10. BB CRA is responsible for developing and implementing projects within the BB CRA area, which spans 1,650 acres within eastern Boynton Beach. Its mission is dedicated to serving the community and strives to create a more vibrant community. The BB CRA Plan guides the agency to strategically execute a variety of redevelopment projects and programs that encourage the revitalization of Boynton Beach. One of the redevelopment projects is The Pierce Project (the “Project”). 11. BB QOZ is a single purpose entity created by Affiliated Development, LLC (“Affiliated”). Affiliated is a national real estate investme nt and development company headquartered in Fort Lauderdale, Florida. Affiliated was formed with the goal of building mixed- use multifamily developments, like The Pierce, which target unmet dem and and underserved areas such as the BB CRA area. NOT A CERTIFIED COPY428 4 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 12. 209 N. FEDERAL owns real property located at 209 North Federal Hi ghway in the City of Boynton Beach, Florida (the “209 Property”) and currently leases it to The Boardwalk Italian Ice and Creamery, LLC (“Boardwalk Ice Cream”). 13. The Project is located at 115 N. Federal Highway in Downtown Boynton Be ach, including the associated parking lots located at 501 NE 1 st Avenue and NE 4th Street, which have long been recognized as important components in the future redevelopment of the core Boynton Beach area. The much needed and desired development to Boynton Beach will bring affordable housing to the area, restaurants, retail, office space, and public parking spaces. 14. As detailed below, this transformative Project for the citizens of Boynton Be ach is a mixed-use redevelopment Project that will include 300 mixed-income residential a partments, as well as approximately 17,000 square feet of restaurant, retail, and off ice space, and 150 public parking spaces. 15. The Project has consisted of nearly 3 years of work, including countless hour s spent meeting with residents, businesses and community stakeholders, as well as cit y staff, to bring about a Project that will be catalytic for east Boynton Beach - - The Pierce. This Project will cost $100 million dollars, generate $1.3 million in annual tax revenues, and create an economic impact north of $9 million per year to help support, attract and retain east Boynton Beach businesses. 16. Importantly, it will provide 150 much needed workforce housing units to provide Boynton Beach residents with a class A living experience at attainable rents, which will hel p ease the burden for working-class households in Boynton Beach. As part of the Tax Incr ement Revenue Financing Agreement (“TIRFA”), Affiliated will rent 50% of the units at 80% - 120% of the Area Median Income (“AMI”) for a period of 15 years following the completion of the Project. At the end of the 15-year term, 30% of the units will be rented at the same A MI percentages for an NOT A CERTIFIED COPY429 5 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com additional 15 years. At the end of the 30-year term of affordability, 10% of the units will remain subject to the affordability requirements in perpetuity. 17. In addition, it will provide 150 public parking spaces, which will help support convenient access to nearby businesses and lead to the relocation of Boynton Beac h dining and drinking ‘establishment’, Hurricane Alley, who is relocating from the sout hern portion of the site to Boynton Beach Boulevard, pursuant to a deal BB QOZ has made with them that will help ensure that this business (and their employees) remain in Boynton Beach for the foreseeable future. It will also lead to nearly half a million dollars in public art improvements by local artists, as committed to by BB QOZ. 18. Overall, the Project has garnered overwhelming support. Several City Commission meetings have been standing-room-only comprised of supporters of the Project, incl uding the owners of Boardwalk Ice Cream”, i.e., the operators of the business located at the 209 Property, who are on record at public meetings voicing their support for this Proj ect. As an example of the BB QOZ’s investment in the local Boynton Beach community, the Project inve stors will be substantially comprised of South Florida police, fire and general employee pension plans who are committed to investing where they serve. BB CRA awarded the Project to BB QOZ and not CAMALIER or his affiliated entities. 19. In or around, September 2020, BB QOZ began actively pursuing properties that surround the BB CRA owned lots, including 115 N. Federal Highway. 20. In or around, December 2020, BB QOZ submitted a Letter of Intent (“LOI”) t o the BB CRA Board and Staff advising of its interest in pursuing the BB CRA ow ned site, 115 N. Federal Highway, for purposes of building a transformative redevelopment project. NOT A CERTIFIED COPY430 6 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 21. In or around March-June 2021, BB QOZ was informed that CAMALIER was interested in selling his city block property, 114 N. Federal Highway, which i s across from the BB CRA owned site and his contiguous property, 209 N. Federal Highway, which is the property that is the subject of the suit. NOT A CERTIFIED COPY431 7 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 22. Affiliated and CAMALIER had multiple meetings and calls whereby CAMALIER expressed interest in either selling or contributing (as equity) the 209 Proper ty for purposes of building a project together with the BB CRA owned lots. 23. At that time, in an attempt to negotiate in good faith and at the request of CAMALIER, BB QOZ shared with CAMALIER its proprietary information (via emai l) with a specific caveat that the proprietary information be kept confidential. Unfortunately, based on CAMALIER’s subsequent actions, it was clear that CAMALIER was just gathering i nformation to arm himself to try and gain a competitive advantage so that he could pur sue the BB CRA owned lots with another development group, Hyperion Development Group (“Hyperion”) and beat BB QOZ to the rights to pursue the Project. 24. On or about June 8, 2021, CAMALIER and Hyperion (a joint venture collaboration) attempted to jump the line and circumvent the Request for Proposals and Developer Qualifications (“RFP/RFQ”) by submitting a LOI requesting the BB CR A Board to work with CAMALIER and Hyperion exclusively on the BB CRA owned site, largely based on the fact that CAMALIER, who was part of the proposing entity, owned the properties at 209 N. Federal Highway and 114 N. Federal Highway, and could contribute those properties towards a larger scale project. A copy of the correspondence sent by Hyperion to BB CRA dated June 8, 2021 is attached hereto as Exhibit “A”. 25. The BB CRA Board held a meeting on June 9, 2021 and, in response to Hyperio n’s June 8, 2021 correspondence, elected not to issue the Staff prepared RFP/RFQ to solicit proposals for the BB CRA parcel located at 115 N. Federal Highway. The BB C RA wanted to further explore the LOI submitted by Hyperion and CAMALIER, as well as to allow other de velopers, including Affiliated, to participate. NOT A CERTIFIED COPY432 8 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 26. Notwithstanding and despite CAMALIER’s efforts, on or about July 13, 2021, the BB CRA Board voted unanimously to reject the LOI from CAMALIER and Hype rion, and instead appropriately moved forward with a competitive RFP/RFQ. 27. On July 23, 2021, the BB CRA issued a RFP/RFQ for the acquisition and redevelopment of the BB CRA owned parcels. The RFP/RFQ Submittal due date was October 21, 2021. BB QOZ made its Submittal within the stated time frame. 28. On November 4, 2021, BB QOZ presented its Submittal Presentation to the BB CRA Advisory Board. Additional submitted RFPs were made available to t he BB CRA Board Members for upcoming presentation on November 9, 2021. 29. On November 30, 2021, BB QOZ/Affiliated was selected in a landslide vote by t he BB CRA Board over five (5) other bidders, including CAMALIER and Hyperion. BB QOZ then proceeded to commence negotiations on agreements for the BB CRA owned site for the Proj ect. 30. Shortly thereafter, BB QOZ received a call from CAMALIER and Hyperion s tating that BB QOZ needed to buy the 209 Property because 209 N. FEDERAL, FDC, and CAMALIER “own everything around it”. In fact, 209 N. FEDERAL, FDC, and CAMALIER had the Mayor reach out to BBQOZ via email specifically asking that BB QOZ consi der purchasing the 209 Property. The inference was simple: you need my property to successfully pr oceed with the Project. 31. Hyperion, who had an option with CAMALIER to purchase the 209 Property, indicated that the 209 Property would no longer be suitable for Hyperion because BB QOZ won the RFP. Instead, Hyperion asked BB QOZ if it wanted to assume Hyperion’s option to purchase the 209 Property. A copy of the correspondence from Hyperion to BB QOZ dated December 23, 2021 is attached hereto as Exhibit “B”. NOT A CERTIFIED COPY433 9 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 32. In or around January 2022, after signing a Non-Disclosure Agreement with Hyperion, BB QOZ evaluated the Agreement of Purchase and Sale betwee n Hyperion and CAMALIER for the 209 Property and determined that the price was excessive f or the actual value of the Property. In addition, BB QOZ determined that by assuming the purchase option and buying the 209 Property, it overcomplicated the already very complicated Project and presented multiple timing challenges. This business decision was explained to CAMALIER and Hyperion. Once CAMALIER became aware that BB QOZ was not going to purchase the 209 Property and Hyperion had no incentive, Hyperion dropped the option and CAMALIER remains the ow ner of the 209 Property. 33. Beginning in or around December 2021 through July 2022, BB QOZ negotiated with BB CRA Staff and BB CRA Board at significant cost multiple agreements necessary to move forward with the Project. The RFP/RFQ and BB QOZ’s agreements wit h the BB CRA and the City of Boynton Beach related to the Project include language that the P roject will be subject to City Code, the master plan, and the site plan approval process. Therefore , it was clear, as is the case in all public/private partnership such as this, that BB QOZ’s initi al proposal would change as may be necessary in order to comply with the City Code and meet the requirements of the City of Boynton Beach. 34. On June 7, 2022, the BB CRA Board entered into three (3) agreements including a Purchase & Development Agreement, TIRFA, and a Parking Lease Agreem ent with BB QOZ/Affiliated. 35. On July 5, 2022, at a City Commission Meeting, BB QOZ received approval on all three (3) BB CRA and City of Boynton Beach agreements memorializing the details of purchasing the BB CRA owned site. NOT A CERTIFIED COPY434 10 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 36. In or around September 2022, BB QOZ submitted for site plan approvals a nd participated in the site plan approval process with City of Boynton Beac h staff and the multiple authorities having jurisdiction of the BB CRA owned site property and the Project. Meeti ngs, site plan approval comments and review, coordination with Florida Power & Light (“FPL”), City of Boynton Beach staff, and other related entities were continuous. 37. Approval of the Project by BB CRA includes approval for three (3) applicat ions of abandonment of roads located near the parcels. Abandonment of Roads is governed by Section Boynton Beach, Part III Land Development Regulations (“LDR”), Chapter 2, Article II, Planning and Zoning Division Services, Section 2.G.3. 38. At a Special Planning & Zoning Public Meeting held on or about February 6, 2023, BB QOZ received unanimous approval of the Site Plan by the Planning & Zo ning Development Board. All notifications and postings were made on time. Neither 209 N. FEDER AL, CAMALIER nor their representatives attended this meeting to voice an appropriate objecti on for consideration by the BB CRA before it approved the Site Plan. 39. On or about February 21, 2023, the first reading of BB QOZ’s updated zoning development approvals with City Commission commenced and again received unanimous approval. Bonnie Miskel, Esq., counsel on behalf of 209 N. FEDERAL, FDC, and CAMALIER, and who at one point also represented Hyperion, was present at the public mee ting and spoke to object regarding the road abandonment. Ms. Miskel also sent an email and letter sta ting case law and threatening a lawsuit. A copy of the February 21, 2023 correspondence from Dunay, Miskel and Backman, LLP is attached hereto as Exhibit “C”. NOT A CERTIFIED COPY435 11 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 40. On March 2, 2023, counsel for 209 N. FEDERAL, CAMALIER, and FDC requested and was granted additional time to present at the upcoming March 9, 20203 public meeting regarding the Project. 41. On or about March 9, 2023, counsel for 209 N. FEDERAL, FDC, and CAMALIER presented for thirty (30) minutes to the BB CRA Board and the City Com mission to voice their objections to the Staff recommendation of approval of three (3) applicat ions for abandonment of the Northeast 1 st Avenue right-of-way, the north alley, and the south alley located in or around the BB CRA properties. 42. BB QOZ and BB CRA, in compliance with LDR, considered and presented competent and substantial evidence to support an express factual finding whethe r the abandonment would result in “a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to poli ce, fire, or other emergency services; or solid waste removal.” 43. Despite 209 N. FEDERAL, FDC, and CAMALIER’s objections, the second reading of BB QOZ’s development approvals again received unanimous approval by the Planning & Zoning Development Board. 44. CAMALIER, 209 N. FEDERAL, and FDC challenged the approvals by objecting to the abandonment of NE 1 st Street, which is necessary for the Project, and claiming that the abandonment would severely and detrimentally affect access to Boardwalk Ice Cream’s business. This has no basis in fact and is simply frivolous. In truth, BB QOZ has been in constant communication with Boardwalk Ice Cream who has repeatedly been present at public meetings and has publicly supported the Project. Moreover, BB QOZ and Boardwalk Ice Crea m have made arrangements for Boardwalk Ice Cream to continue its business at the Project. NOT A CERTIFIED COPY436 12 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 45. Having failed to jump the line with his LOI, failed to secure the P roject through the RFP process, failed to get BB QOZ to buy the 209 Property at an infla ted price and failed to stop the Project from moving forward based on a bogus abandonment argument, CAMALIER shifted gears in order to either get his payday or get a piece of the pie. 46. This is not surprising because CAMALIER has a history of frivolous challenges to development projects, like the Project, where he has not gotten his way. I n fact, a $40 million dollar verdict against CAMALIER’s entity, Camalier, LP was affirmed in Maryland regarding CAMALIER’s interference with a development project by the Penrose Group. See CR-RSC Tower I, LLC, et al. v. RSC Tower I, LLC, et al ., 429 Md. 387 (Md. 2012) 56 A. 3d 170. 47. To that end, on April 7, 2023, 209 N. FEDERAL filed a Petition for Writ of Certiorari against the City of Boynton Beach arguing that no substantial, competent evidence to support the City’s decision regarding the three (3) applications of abandonment of roads was presented and as such, it was a departure from the essential requirem ents of the law. In its Petition, 209 N. FEDERAL is improperly attempting to re-litigate the application for abandonment.148. In its Petition, 209 N. FEDERAL states that road abandonments were not part of the Project’s original plans submitted to the City of Boynton Beach. However , that is simply a self-serving statement. 209 N. FEDERAL, FDC, and CAMALIER are very well awa re of the LOI, RFP/RFP, and approval process as they were involved in the same proves t hemselves. 209 N. FEDERAL, FDC, and CAMALIER also are very well aware that preli minary submittals are as a matter of course regularly revised during the submittal process to address and resolve issues raised 1 Respondent, City of Boynton Beach, filed its Response to 209 N. FEDERAL’s Pet ition for Writ of Certiorari on May 17, 2023. The Response is attached as Exhibit “D” and f ully incorporated herein for reference. NOT A CERTIFIED COPY437 13 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com by the City and other public/private entities involved in these public/privat e mixed-use developments. To say otherwise is disingenuous. 49. As the City of Boynton Beach states in its Response, 209 N. FEDERAL blatantly ignores the record supporting the City’s decision and is improperly asking the Court to reweigh the evidence. 2 209 N. FEDERAL’s unfounded accusations are clearly outside the record and are solely meant to delay, harass, pressure, and extort BB QOZ. 50. 209 N. FEDERAL in its Petition also falsely asserts that it opposed the road abandonment applications immediately at each stage of approval. It was not until CAMALIER, 209 N. FEDERAL, and FDC were advised that BB QOZ was not interested in purcha sing the 209 Property that 209 N. FEDERAL, FDC, and CAMALIER opposed the Project. 51. The true purpose of the Petition and objections stems from BB QOZ’s dec ision to not purchase 209 N. FEDERAL’s Property at an inflated price and thereaf ter taking a page from CAMALIER’s playbook to bring frivolous claims knowing it will delay BB QOZ from moving forward causing it substantial damages, trying to shake them down and force t hem to overpay, make him part of the Project, or pay him money to not protest. This extortiona te behavior cannot be countenanced and is actionable. 52. As a result of 209 N. FEDERAL, FDC, and CAMALIER’s calculated extortionate behavior, tortious interference, abuse of process, bad faith filing and unreasonable conduct, effective April 13, 2023 BB QOZ has been forced to cease all pre-develop ment activity, including advising all the construction and design professionals and consultants involved and e ngaged in the Project that they are not able to advance any plans or work until the Petition for Writ of Certiorari is resolved. 2See City of Boynton Beach Response pg. 2. NOT A CERTIFIED COPY438 14 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 53. When BB QOZ was awarded the Project, it promised the community, potential tenants, and public and elected officials certain expectations regardi ng timeframes for completion. BB QOZ’s forced inability to meet these expectations solely occasioned by the calculated acts of CAMALIER affects its reputation in the very community that it seeks to re develop and revitalize. 54. The Project contains a large amount of commercial space (17,000 square feet). BB QOZ has been contacted by potential tenants, but has been unable to provide any d efinitive timeframes for delivery of the commercial space. There is no way f or BB QOZ to determine the effect this delay will have on the viability of the overall Project from a construction and financing perspective. 55. In addition, BB QOZ secured a line of credit to assist in the financing of the pre- development activity of the Project. Every day the Project is delayed for ces BB QOZ to incur additional interest, costs and expenses that BB QOZ would not have incurred but for 209 N. FEDERAL, FDC, and CAMALIER’s calculated extortionate behavior, tortious inter ference, abuse of process, bad faith and unreasonable conduct. 56. There is no legitimate basis to the challenge that is being made by CAMAL IER, 209 N. FEDERAL, and FDC. At the public, properly noticed, City Commission meet ing, where 209 N. FEDERAL, FDC, and CAMALIER were allowed to present their objections, the City Commission determined, based upon the competent and substantial evidence, that access is not obstructed and voted unanimously to approve the abandonment. BB QOZ, along with its partnership with BB CRA and the City of Boynton Beach, has the right to deve lop and operate the Project. NOT A CERTIFIED COPY439 15 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com COUNT I – TORTIOUS INTERFERENCE (CAMALIER) 57. Plaintiff, BB QOZ, hereby realleges and reasserts the allegations c ontained in paragraphs 1 through 56 as if fully set forth herein. 58. BB QOZ has a business relationship relating to the development, ownership, and operation of the Project. 59. CAMALIER knew of the business relationship as it was involved in the investment and development of building mixed-use multi-family developments that target unmet demand and underserved areas within a specified market. 60. CAMALIER, by way of its business relationship with 209 N. FEDERAL, in a calculated manner, intentionally and unjustifiably interfered with BB QOZ’s rights by, among other things, proceeding with the development of the Project. 61. As a result of CAMALIER’s actions, BB QOZ has suffered damages. WHEREFORE, Plaintiff, BB QOZ, respectfully requests that this Court ent er a judgment in favor of BB QOZ for damages, including direct and consequential, costs, a nd interest, along with such other and further relief deemed just, equitable, and proper. COUNT II – TORTIOUS INTERFERENCE (209 N. FEDERAL) 62. Plaintiff, BB QOZ, hereby realleges and reasserts the allegations c ontained in paragraphs 1 through 56 as if fully set forth herein. 63. BB QOZ has a business relationship relating to the development, ownership, and operation of the Project. NOT A CERTIFIED COPY440 16 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 64. 209 N. FEDERAL knew of the business relationship as it was involved in the investment and development of building mixed-use multi-family developments that target unmet demand and underserved areas within a specified market. 65. 209 N. FEDERAL, by way of filing the Petition for Writ of Certiorari, in a calculated manner, intentionally and unjustifiably interfered with BB Q OZ’s rights to proceed with the development of the Project. 66. As a result of 209 N. FEDERAL’s actions, BB QOZ has suffered damages. WHEREFORE, Plaintiff, BB QOZ, respectfully requests that this Court ent er a judgment in favor of BB QOZ for damages, including direct and consequential, costs, a nd interest, along with such other and further relief deemed just, equitable, and proper. COUNT III – TORTIOUS INTERFERENCE (FDC) 67. Plaintiff, BB QOZ, hereby realleges and reasserts the allegations c ontained in paragraphs 1 through 56 as if fully set forth herein. 68. BB QOZ has a business relationship relating to the development, ownership, and operation of The Pierce. 69. FDC knew of the business relationship as it was involved in the investment and development of building mixed-use multi-family developments that target unmet demand and underserved areas within a specified market. 70. FDC, by way of its business relationship with 209 N. FEDERAL, in a calcul ated manner, intentionally and unjustifiably interfered with BB QOZ’s rights to proceed with the development of the Project. 71. As a result of FDC’s actions, BB QOZ has suffered damages. NOT A CERTIFIED COPY441 17 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com WHEREFORE, Plaintiff, BB QOZ, respectfully requests that this Court ent er a judgment in favor of BB QOZ for damages, including direct and consequential, costs, a nd interest, along with such other and further relief deemed just, equitable, and proper. COUNT IV – ABUSE OF PROCESS (209 N. FEDERAL) 72. Plaintiff, BB QOZ, hereby realleges and reasserts the allegations c ontained in paragraphs 1 through 56 as if fully set forth herein. 73. 209 N. FEDERAL made an illegal, improper, or perverted use of process when it filed the Petition for Writ of Certiorari against the City of Boynton Beach. 74. 209 N. FEDERAL had ulterior motives or purposes in exercising such illegal, improper, or perverted use of process. Specifically, it was not until 209 N. FEDERAL failed to sell its 209 Property at an inflated cost, either to BB QOZ, BB CRA , or Hyperion or when BB CRA did not award the Project to CAMALIER and Hyperion, or when BB QOZ re fused to partner with CAMALIER, that 209 N. FEDERAL began to assert frivolous and unfounded objections to the Project, including the filing of the Petition for Writ of Certiorari. 75. As a result of 209 N. FEDERAL’s actions, BB QOZ has suffered damages. WHEREFORE, Plaintiff, BB QOZ, respectfully requests that this Court ent er a judgment in favor of BB QOZ for damages, including direct and consequential, costs, a nd interest, along with such other and further relief deemed just, equitable, and proper. COUNT V – EXTORTION (CAMALIER) 76. Plaintiff, BB QOZ, hereby realleges and reasserts the allegations c ontained in paragraphs 1 through 56 as if fully set forth herein. NOT A CERTIFIED COPY442 18 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com 77. Pursuant to Florida Statute Chapter 772 civil remedies exist for pra ctices and actions that are considered criminal in nature. That Statute defines “criminal a ctivity” as: a means to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit: (a) Any crime that is chargeable by indictment of information under the following provisions. 78. One of the provisions referenced in Fla. Stat. 772.102(1)(a) is Section 836.05 relating to extortion. 79. Under Section 836.05, extortion is defined as: Whoever, either verbally or by a written or printed communication, mali ciously threatens to accuse another of any crime or offense, or by such communication malici ously threatens an injury to the person, property or reputation of another, or maliciously thre atens to expose another to disgrace, or to expose any secret affecting another, or to impute a ny deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened , or any other person, to do any act or refrain from doing any act against his or her will. 80. Pursuant to Section 772.104(1) any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of 772.103 and the definition of criminal activity set forth in 772.102. discussed above, is entitled to rec over threefold the actual damages sustained as well as reasonable attorneys’ fees and costs. 81. The actions of CAMALIER, as more particularly set forth in the incorporat ed paragraphs herein, in purposefully and in a calculated fashion putting BB QOZ in a position that if it did not agree to its demands for an inflated purchase price of t he 209 N. FEDERAL Property or let CAMALIER have a piece of the pie, it would not allow BB QOZ to proceed with the development of the Project and cause immeasurable damage to BB QOZ, c onstitutes extortionate behavior as set forth under Section 836.05. NOT A CERTIFIED COPY443 19 Armstrong Teasdale LLP 355 Alhambra Circle, Suit e 1250, Coral Gables, FL 33134 T 305.371.8809 F 305.448.4155 ArmstrongTeasdale.com WHEREFORE, Plaintiff, BB QOZ, respectfully requests that this Court ent er a judgment in favor of BB QOZ for treble damages flowing from its extortionat e acts, reasonable attorney’s fees and costs, along with such other and further relief deemed just, equitable, and proper. JURY TRIAL DEMAND Plaintiff hereby demands a trial by jury on all matters so triable. RESERVATIONS BB QOZ reserves the right to amend its complaint to bring a claim f or punitive damages upon the proper showing. Dated: May 22, 2023. Respectfully submitted, AMRSTRONG TEASDALE LLP 355 Alhambra Circle, Suite 1250 Coral Gables, Florida 33134 Telephone: (305) 371-8809 Telecopier: (305) 448-4155 By: /s/ Nicole P. Planell . Glen H. Waldman, Esq. Fla. Bar No. 618624 gwaldman@atllp.com Nicole P. Planell, Esq. Fla. Bar No. 72325 nplanell@atllp.com FOR SERVICE OF PLEADINGS: miamiefiling@atllp.com NOT A CERTIFIED COPY444 EXHIBIT A NOT A CERTIFIED COPY445 8 June 2021 888 Biscayne Boulevard, S te. 101 , Miami, FL 33132 |9 West 57 th Street, New Yo rk , NY 10019 | (o) 305.416.7550 | www.hypdev.com Boynton Beach Community Redevelopment Association Attention: Mr. Michael Simon , Executive Director 100 E. Ocean Ave Boynton Beach, FL 33435 Re: 115 N Federal Highway Dear Mr. Simon, Hyperion Development Group (www.hypdev.com ) is purchasing 114 N Federal Highway and 209 N Federal Highw ay from long time property owner F Davis Camalier . In collaboration with the City of Boynton Beach and lo cal stak eh ol ders we propose to combine the full blocks east and west of North Federal Highway into a cohesive master plan with a mix of uses including multifamily, office, hotel, retail, parking garage, restaurants with outdoor seating and ample green space (a preliminary indicative massing is attached). Towards this end we propos e to pur chase the City owned property at 115 North Federal Highway on the west site, a nd seek to assemble the rest of the privately owned sites in a manner which is sensitive to the needs of local bu siness owners. As so on-to -be owners of both 114 N Federal Highway and 209 N Federal Highw ay , we are we ll positioned to make this a reality. As developer of a broader master plan we are not constrained by making each site work financially on its own, and can allow for careful, thoughtful planning en compassing both sides in a way that will best shape and enhance the urban experience. We would seek to collaborate with you, the CRA and the City of Boynton Beach to optimize the plan so that the Boynton Beach community gets the project it deserves . As importa nt , we have the experience and financial capability to execute this vision. The partn ership of our firm includes Winter Properties (www.winter.com ) a New York real estate investor and developer with a 100 year track reco rd , and a related company of Standard Industries, a privately held global industrial company with in excess of $6B in annual revenue. (www.standardindustries.com). Project execution is assured through our experience. For six years I was President of Re si dential Development at Silvers te in Properties in N ew York City , a developer, owner and manager of over 40 million square feet of office, residential and m ixed-use properties, and the firm that redeveloped the World Trade Center. Our leadership team has wo rked with me for years at Silverstein and elsewhe re. Recently Hyperion is i n development on a large-scale mix ed use project in West Palm Beach and has won an RFP competition for a large mixed use master plan in New York. We would welcome an opportunity in the near future to get to know one another . This would include demonstrating our financial project capabilities in a more private setting to provide the level of rea ssurance you require. In the meantime, we re spectfully request that you postpone issuance of the RFP pending your ha ving had an opportunity to become better acquainted with our proposition. Thank you for your consideration. Sincerely, Robert Vecsler Principal and CEO, Hyperion NOT A CERTIFIED COPY446 2 Scenario 1 - Preliminary Indicative Project Massing – Controlled Sites + City Site NOT A CERTIFIED COPY447 3 Scenario 2 - Preliminary Indicative Project Massing – Full Assemblage NOT A CERTIFIED COPY448 NOT A CERTIFIED COPY449 December 23, 2021 888 Biscayne Boulevard, S te. 101 , Miami, FL 33132 |9 West 57 th Street, New York , NY 10019 | (o) 305.416.7550 | www.hypdev.com Boynton Beach Community Redevelopment Association Ms. Thuy Shutt, Executive Director BBCRA 100 E. Ocean Ave Boynton Beach, FL 33435 Re: 209 N Federal Highway Dear Ms. Shutt, Hyperion Group (“Hyperion”) is in contract to purchase 209 N Federal Highway (“209 NFH”) from long time property owner F Davis Camalier (“Seller”) through a purchase and sale agreement (“PSA”). 1. Hyperion is open to working with all parties to assign the PSA on 209 NFH to Affiliated Development, to the betterment of Affiliated’s site plan and the Boynton Beach community as a whole. We would endeavor to work expeditiously to effect this transaction to the satisfaction of all. 2. We look forward to working with the Boynton Beach CRA , the City of Boynton Beach and the community on initiatives which can best position Hyperion to successfully initiate and c omplete its development at 114/222 N. Federal Highway, to the benefit of the City of Boynton Beach and the community. Wishing you a Merry Christmas and looking forward to working collaboratively with you. Sincerely, Robert Vecsler Principal and CEO, Hyperion CC: Ms. Lori LaVerriere, City Manager, Boynton Beach City Commission Mr. Andrew Mack, Assistant City Manager Ms. Kathryn Matos, Assistant City Manager Mr. Jeff Burns, CEO, Affiliated Development Bonnie Miskel, Esq. 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At the time of the closing Cafe Barista, Inc. (d/b/a Hurricane Alley) was a tenant with an active lease which was assigned to the CRA (Attachment II). Hurricane Alley also has an agreement with BB QOZ, LLC's (aka Affiliated Development, LLC) as part of the mixed-use redevelopment project known as The Pierce (see Attachment III). Hurricane Alley's new location includes 3,000+/- square foot of restaurant space with 1,500+/- square foot mezzanine space within The Pierce project. On August 9, 2022, the CRA Board approved Hurricane Alley's extension to the lease (Attachment IV & V). The current lease terms, as indicated in Attachment V, provided a one- year extension to August 31, 2023, with an administrative additional six-month extension. The administrative six-month extension was entered into on June 15, 2023, with a termination date of February 29, 2024 (Attachment VI). Any further extensions require CRA Board approval. The new location for Hurricane Alley (The Pierce) is currently on hold due to pending litigation which may affects the project's overall timeline. On September 12, 2023, the CRA Board approved a one-year extension, to the Purchase and Development Agreement (between the CRA and BB QOZ, LLC), from the execution of the First Amendment for the Final Judgement to be rendered and 120 days from the Final Judgement to submit construction documents to the City in order to obtain building permits for the project (Attachment VII & VIII). As a result, Hurricane Alley's new restaurant space will not be completed before the expiration of Hurricane Alley's lease on February 29, 2024. Kim Kelly, owner of Hurricane Alley, has requested a one-year lease extension to February 28, 2025, under the same terms and conditions of the current lease (Attachment IX). BB QOZ, LLC was provided with the request for an extension and has approved the request (Attachment X). Attached is a draft extension based on Hurricane Alley's request (see Attachment XI). 500 •Attachment I - Location Map •Attachment II - Assignment and Assumption of Leases •Attachment III - Hurricane Alley Lease Agreement with BB QOZ, LLC (a/k/a Affiliated Development, LLC) •Attachment IV - 8.9.22 Minutes RE Hurricane Alley Lease Extension •Attachment V - Fully Executed 2022 Lease Amendment-Cafe Barista •Attachment VI - Fully Executed 2023 Lease Amendment-Cafe Barista •Attachment VII - 09.12.2023 CRA Meeting Minutes RE Approval of First Amend to BBQOZ P&D Agreement •Attachment VIII - 09.13.2023 First Amendment to Purchase and Development Agreement - Fully Executed •Attachment IX - 12.12.23 Lease Ext. Request - Hurricane Alley •Attachment X - 12.15.23 BBQOZ-Affiliated Approval of Lease Ext. for 1 yr. •Attachment XI - Draft Lease Amendment 2024 current terms & conditions Due to the condition of the building and costs associated with ongoing maintenance, the CRA Board may elect to increase the rent. As a standard practice, a typical annual commercial rent increase would be between 3-5%. The current base rent is $6,477.19. Increases would calculate as follows: 3% = $194.32 monthly 4% = $259.09 monthly 5% = $323.86 monthly Any additional extensions shall be subject to CRA Board approval for any unforeseen circumstances that may arise from current litigation. This will allow Hurricane Alley to remain operating until the land is transferred to BB QOZ, LLC for the development of The Pierce at which time Hurricane Alley's lease will be assigned BB QOZ, LLC. FISCAL IMPACT: To be determined by the Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Redevelopment Plan CRA BOARD OPTIONS: 1. Approve and execute the one-year extension under the same terms and conditions. 2. Approve a one-year extension with an increase to the base rent as determined by the Board. 3. Do not approve an extension to the lease. 4. Provide alternative revisions and/or direction to CRA staff. ATTACHMENTS: Description 501 502 503 ASSIGNMENT AND ASSUMPTION OF LEASES THIS ASSIGNMENT AND ASSUMPTION OF LEASES (hereinal "Assignment")is made and entered into as of the /kS' 2021,by and between 500 OCEAN PROPERTIES,LLC,a Florida limited liability company (hereinafter referred to as "Assignor"),and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,a public agency created pursuant to Chapter 163,Part III,of Florida Statutes (hereinafter referred to as "Assignee"),who agree as follows: pr referred to as the day of December, Assignment and Assumption.For good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Assignor does hereby assign all of Assignor's right,title and Interest as Landlord in,to and under those certain Lease Agreements (together with any and all amendments,modifications and renewals thereto)attached hereto as Exhibit "A"and made a part hereof (hereinafter referred to as the "Lease"),pertaining to the real property described therein (hereinafter referred to as the "Premises"),together with all security deposits,if any,referred to in the Leases.Assignee hereby accepts the foregoing assignment and assumes and agrees to perform the obligations of the Landlord under the Leases to be performed on and following the date hereof. 1. 2.Warranties.Representations and Covenants.Assignor hereby warrants, represents and covenants as follows as to the Leases: The Leases are in full force and effect and have not been modified or amended.(a) Assignor knows of no claims of default by the Tenant under the Leases.(b) Assignor has full power and authority to assign the Leases and the Leases have not been previously assigned or pledged as collateral in connection with any financing of the property. (c) Assignor is unaware of any condition which with the passage of time,the giving of notice,or both,would constitute a default by either Assignor or the Tenant under the Leases. (d) Indemnification.Assignor does hereby agree to defend,indemnify and hold harmless Assignee from any liability,damages,causes of action,expenses and reasonable attorneys'fees incurred by Assignee by reason of the failure of Assignor to have performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases prior to the date of this Assignment.Assignee does hereby agree to defend,indemnify and hold harmless Assignor from any liability,damages,causes of action,expenses and reasonable attorneys'fees incurred by Assignor by reason of the failure of Assignee to have 3. 01514220-1 504 Assignment and Assumption of Lease Page 2 of 3 performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases from and after the date of this Assignment. 4.Attorneys'Fees.In the event of any litigation between the parties arising under this Assignment,the prevailing party in such litigation shall be entitled to recover from the non-prevailing party its reasonable attorneys'fees and other legal expenses. 5.Successors and Assigns.This Assignment shall bind and benefit the parties hereto and their respective successors and assigns. 6.Notice to Tenant.Notice of this Assignment may be given by either Assignor or Assignee to the Tenant under the Leases. ASSIGNEE:ASSIGNOR: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 500 OCEAN PROPERTIES,LLC zjq -g"" YER,III,Managing Member/Steven B.Grant,ChairHARVEYE.O Date:Date: 01384220-1 505 Assignment and Assumption of Lease Page 2 of 3 performed and discharged all obligations and liabilities of the Landlord to be performed pursuant to the Leases from and after the date of this Assignment. Attorneys'Fees.In the event of any litigation between the parties arising under this Assignment,the prevailing party in such litigation shall be entitled to recover from the non-prevailing party its reasonable attorneys'fees and other legal expenses. 4. 5.Successors and Assigns.This Assignment shall bind and benefit the parties hereto and their respective successors and assigns. 6.Notice to Tenant.Notice of this Assignment may be given by either Assignor or Assignee to the Tenant under the Leases. ASSIGNOR:ASSIGNEE: 500 OCEAN PROPERTIES,LLC BOYNTON BEACH COMMUNITY REpEVELO NCY HARVEY E.OYER,HI,Managing Member Steven B.Grant,Chair Date:Date: D 1 584220-1 M 506 Assignment and Assumption of Lease Page 3 of 3 Exhibit "A" Lease Agreements See Attached Leases: Scott Rudderow Freddy Brinley Oyer,Macoviak and Associates Cafe Barista,Inc. Kala Marketing Group Florida Technical Consultants,LLC 01 584220-i 507 SCOTT RUDDEROW APT.#3 508 RENEWAL RESIDENTIAL LEASE AGREEMENT THIS RESIDENTIAL LEASE AGREEMENT ("Lease"!is made effective as of the 15th day of November 2017,between 500 OCEAN PROPERTIES.LLC,a Florida limited liability company,whose mailing address is 511 East Ocean Avenue,Boynton Beach,Florida 33435 ("LANDLORD")and SCOTT RUDDEROW ("TENANT'),whose address shall be the address of the "Property"described below. WITNESSETH: That LANDLORD,tor and in consideration of the covenants,agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT,and TENANT does hereby lease from LANDLORD,the one bedroom. one bathroom apartment located at 517 1/2 East Ocean Avenue,Apartment No.3,Boynton Beach,Florida 33435 ("Property"). The terms and conditions of this Lease are as follows; TERM.The term of this Lease shall be for one (1)year, commencing on November 15,2017,and unless earlier terminated in accordance with the terms of this Lease,expiring at 12:00 midnight on November 14,2018. 1. 2.RENT. (a)TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease,the sum of Seven Hundred and No/100 Dollars ($700.00)("Rent").Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (b)In addition to any other rights of LANDLORD hereunder,in the event TENANT shall fail to pay rent or other sums due hereunder on its due date.TENANT shall pay to LANDLORD a late fee in the amount of Twenty and No/100 Dollars for each calendar day that the rent is late beyond the due date.The late fee is not a penalty,but liquidated damages to delfay administrative and related expenses due to such late payment. SECURITY DEPOSIT.Upon execution hereof,TENANT shall pay to LANDLORD:(i)the sum of Seven Hundred and No/100 Dollars ($700.00)as prepaid first month's rent:and (ii)the sum of Seven Hundred and No/100 Dollars ($700.00)as prepaid last month's rente:and (iii)the sume of Seven Hundred and No/100 ($700.00) representing the Security Deposit.This is a total of Two Thousand One Hundred and No/1 00 Dollars ($2 1 00.00) 3. 4.OCCUPANCY AND USE OF THE PREMISES. (a)TENANT shall occupy the Property as a residential apartment for TENANT only.TENANT shall not change,alter or install locks without the prior written consent of LANDLORD. 509 TENANT shall not allow any pets or animals greater than ten (10) pounds 011 the Property without LANDLORD'S prior written consent (which shall be given or denied in LANDLORD'S sole and absolute discretion).If LANDLORD,in its sole and absolute discretion,allows TENANT to have an animal in excess of ten (1 0)pounds on the Property,TENANT shall pay to LANDLORD an additional security deposit of Five Hundred and No/100 Dollars ($500.00)to protect LANDLORD from costs and expenses associated with damage to the Property caused by the animal or cleaning costs resulting from animal being on the Property ("Animal Security Deposit").In addition,TENANT shall obtain a liability insurance policy covering risks associated with owning the animal, with limits of no less than $100,000 per incident,naming LANDLORD as an additional named insured,and requiring thirty (10)days advance written notification to I .ANDI .ORD prior to any modification,termination,or expiration of the liability insurance policy.If LANDLORD determines that TENANT did permit pets or animals on the Property in violation of the foregoing restriction,or if TENANT'S pet has caused damage to.or the need to clean,the Property,such breach shall be considered a material breach entitling LANDLORD to all remedies provided for herein,including but not limited to retention of the Animal Security Deposit and immediate eviction.TENANT hereby acknowledges and agrees that TENANT shall be solely and personally responsible for all loss,costs, damages,or injury caused by TENANT'S pets and shall indemnify LANDLORD and all third parties who suffer loss,cost,injury,or damage as a result of TENANT'S pets being located on the Property, (b) No smoking shall be permitted within the apartment,in the hallways,or common areas at anytime with no exceptions,TENANT acknowledges that each apartment contains a gas stove/oven and that smoking within the apartment,hallways,or common areas by TENANT poses a hazard to all persons in (c) the buildiug. (d)TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities,whether federal,state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral,improper or unlawful practice or act in or upon the Property.TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property.TENANT shall not,in any manner,alter,damage or deface the Property. Provided that TENANT abides by all terms,obligations,and covenants of this Lease,TENANT shall enjoy quiet and peaceful possession of the Property during the Term. (e) UTILITIES.5. (a)During the Term,LANDLORD shall pay the cost of water and sewer service,garbage service,gas service,and quarterly pest control.During the Term, TENANT agrees to pay all utility charges for electricity,telephone,television/internet,and 510 any other utilities or services used at the Property,including all installation and activation fees and any deposits required by such utility providers. (b)Except in the instance of LANDLORD'S negligence,LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable,for any reason whatsoever,and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANT'S occupancy ofthe Property,nor shall Rent he abated during any such period of interruption or unavailability. MAINTENANCE AND REPAIRS:HURRICANE PROTECTION:6. SURRENDER OF PROPERTY:AND INSURANCE. (a)TENANT shall,at its sole expense,keep and maintain the Property in good,clean and sanitary condition and repair during the Term of this Lease.Except for repairs due to TENANT'S misuse,waste,or neglect or that of TEN ANT's family members, agents or visitors,the LANDLORD will be responsible for the repair and replacement of the roof,air conditioning system,and appliances. (b)TENANT shall not drain,nor permit the drainage of,grease into the toilets or sinks. (c)In the event of a hurricane watch or hurricane warning,TENANT shall use reasonable efforts to secure the Property against damage. (d)LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e)TENANT shall,at the end of the Lease term,surrender and deliver to LANDLORD the Property,without demand,"broom clean"and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. During the Term,TENANT shall provide,at TENANT'S expense, any insurance that TENANT desires to insure TENANT'S personal property located at the Property.Under no circumstance shall LANDLORD be responsible or liable for TENANT'S personal property located at the Property. (f) NO ADDITIONS OR ALTERATIONS.7. TENANT shall not make any additions,changes or alterations in and upon the Property (including,without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD'S sole discretion.LANDLORD may remove or change,at TENANT'S cost and expense,any addition,change or alteration made by TENANT without LANDLORD'S consent,the charge for which shall be paid by TENANT upon demand.TENANT shall not permit or install nails,screws or adhesive hangers except standard picture hooks;and no nails,screws or hangers may be placed in walls, woodwork or any part of the Property. (a) 511 (b)No personal property,appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD.LANDLORD'S interest in the Property shall not be subject to mechanics'or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANT'S request. (c)If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10)days thereafter,at TENANT'S expense,and TENANT shall indemnify LANDLORD for any loss,cost,or expense incurred by LANDLORD as a result of TENANT'S violation of this provision.The foregoing indemnification shall survive termination or expiration of this Lease. DESTRUCTION BY CASUALTY.In the event the Property or any8. portion thereof may be rendered untenantable by reason of fire,explosion or any other casualty,LANDLORD,at LANDLORD'S option,may either repair the Property to make the same tenantable within sixty (60)days thereafter,or terminate this Lease.In such event,LANDLORD shall give TENANT ten (1 0)days"notice in writing of LANDLORD'S intention to repair or terminate this Lease.If LANDLORD elects to repair the damaged Property.LANDLORD shall proceed with due diligence and TENANTS Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. PROPERTY LOSS.DAMAGE AND INDEMNIFICATION.9. The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT.LANDLORD shall not be liable to TENANT,TENANT'S family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity.LANDLORD shall not be liable for any patent or latent defects in the Property. (a) LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property.TENANT hereby releases LANDLORD from any and all claims for loss,damage or injury of any nature whatsoever to person or property,including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (b) TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims,liabilities,actions,causes of action,damages,costs and expenses whatsoever which may arise out of,result from or be attributable to TENANT'S use or occupancy of the Property,or any act or omission thereon (whether by TENANT.TENANT'S family members,agents,employees,licensees or invitees),which indemnification shall include attorneys'fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (c) 512 (d)LANDLORD'S insurance does not cover loss or damage to any of TENANT'S personal property or possessions.If TENANT desires insurance coverage for any of TENANT'S personal property or possessions,TENANT shall obtain and pay for any such insurance coverage. ASSIGNMENT OR SUBLEASING.TENANT shall neither sublet10. the Property or any part thereof nor assign (voluntarily or by operation of law)this Lease or any interest therein,nor mortgage nor encumber the Property or this Lease. RIGHT OF ENTRY.LANDLORD shall have the right by or11. through itself or its agents or employees,to enter the Property at all reasonable hours. LANDLORD'S entry'into the Property shall be for the purpose examining it and to,in LANDLORD'S sole discretion,make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same.In addition. LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD'S intention to do so,for the purpose of showing the Property to prospective:(i)tenants;(ii)purchasers:or (iii)mortgagees. 12.DEFAULT. If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every'one of the terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder.If TENANT should become in default hereunder,LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default,including,without limitation,the right to:(i)terminate this Lease and sue for unpaid Rent;and/or (ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent;and/or (iii)take possession of the Property (and any and all of TENANT'S personal property therein)and, at LANDLORD'S option,rent the Property for the account of TENANT.In the event that LANDLORD takes possession of the Property,it may remove TENANT'S personal property and store same at the expense of TENANT,without being liable for damages therefor.In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT,LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including,without limitation, the cost of brokerage,repair,alteration and all other sums)and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency.If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity.In the event TENANT shall fail to vacate the Property as and when required hereunder.TENANT shall be deemed a tenant at sufferance and.in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged,for each day during its occupancy,an amount equal to 250%of the rental amount which was due hereunder immediately prior to such holdover occupancy. (o) 513 If,by reason of a default hereunder,a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default,the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys'fees (including fees at trial and appellate levels) and costs and expenses. (b) APPLIANCES AND AIR CONDITIONING.All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 13. SUBORDINATION.This Lease is subject and subordinate to all ground or underlying leases,encumbrances,mortgages and other matters which may now or hereafter affect or become a lien upon the Property (or any portion thereof)and to any renewals,modifications,amendments,replacements or extensions thereof.TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT'S attorney-in-fact to execute any and all such instruments. 14. CUMULATIVE REMEDIES:LAWS:NOTICES:INVALIDITY: WAIVER:SURRENDER:ENTIRE AGREEMENT:SUCCESSORS AND ASSIGNS. 15. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD'S resort to any other remedy in this Lease.This Lease shall be construed in accordance with Florida law.All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the uddress for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease)at the property address.Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed;however,notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT,any member of TENANTS family or any agent of TENANT found at or upon the Property.If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable,such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect.No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease,and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD.Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property.The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance.Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach.No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Kent of a lesser amount than that due,nor any endorsement or statement on a check,shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums,or to pursue any remedy provided in this Lease.This Lease contains the entire agreement between the parties with respect to the 514 IN WITNESS WHEREOF,the parties hereto have executed this Lease on the date and year first above written. LANDLORD:WITNESSES: 500 Ocean Properties,LLC c&oA o CWMn x ^Of°<QaA) By:Christian Macovialc,its Managing Member TENANT: "SrorV jrV\* Scott Ktirlrlerow (%0Phone Email [I .CQoi ^AMAidTXA 1^UcU»Coa>Emergency Contact (Jb 0 to I -So& 515 subject matter and supersedes any prior or oral agreements or understandings.All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto,and (to the extent permitted)their respective heirs, personal representatives,successors and assigns. 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 over time.Levels of radon that exceed federal and state requirements have been found in buildings in Florida.Additional information regarding radon and radon testing may be obtained from your county public health unit. 16. [SIGNATURES CONTAINED ON FOLLOWING PAGES] 516 Renewal lease Agreement June 24,2021 500 Ocean Properties,LLC and Scott Rudderow ("tenant")agree to renew lease on said premises know as 517 34 E Ocean Ave Apt #3,Boynton Beach,EL 33435,original lease dated 15th day of November 2018. For good consideration 500 Ocean Properties,LLC and Scott Rudderow ("tenant")agrees to extend the said lease for a period of six-months,starting date of 15th day of July 2021 and terminating on the 14th day of January 2022.The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. Rent will increase to $745.00 (seven hundred forty five). All other lease terms shall remain unchanged and continue during the lease extension period as is set forth herin. This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns,personal agents and managing members. La. Wa/fansnt a V^i 1 --21LandlordDate. 0/1V1 a Date.Tenant — 517 FREDDY BRINLEY APT.#5 518 RENEWAL RESIDENTIAL LEASE AGREEMENT THIS RESIDENTIAL LEASE AGREEMENT ("Lease")is made effective as of the 6th day of January 2019,between 500 OCEAN PROPERTIES,LLC,a Florida limited liability company,whose mailing address is 511 East Ocean Avenue,Boynton Beach, Florida 33435 ("LANDLORD")and FREDDIE BRINLEY ("TENANT"),whose address shall be the address of the "Property"described below. WITNESSETH; That LANDLORD,for and in consideration of the covenants,agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT,and TENANT does hereby lease from LANDLORD,the onebedroom, one bathroom apartment located at 5 1 7 1/2 East Ocean Avenue,Apartment NopJpoynton . Beach,Florida 33435 ("Property"). The terms and conditions of this Lease are as follows: The term of this Lease shall be for one (1)year, commencing on January 6,201 9,and unless earlier terminated in accordance with the terms of this Lease,expiring at 12:00 midnight on January 2,2020 RENT. - TERM.1. 2. 7., (a)TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease,the sum of Nine Hundred Fifty and No/100 Dollars ($950.00)("Rent").Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (b)In addition to any other rights of LANDLORD hereunder,in the event TENANT shall fail to pay rent or other sums due hereunder on its due date,TENANT shall pay to LANDLORD a late fee in the amount of Twenty and No/100 Dollars for each calendar day that the rent is late beyond the due date.The late fee is not a penalty,but . liquidated damages to defray administrative and related expenses due to such late payment. SECURITY DEPOSIT.Upon execution hereof,TENANT shall pay to LANDLORD:(i)the sum of Nine Hundred Fifty and No/100 Dollars ($950.00)as prepaid first month's rent:and (ii)the sum of Nine Hundred Fifty and No/100 Dollars ($950.00)as prepaid last month's rent:and (iii)the sum of Nine Hundred Fifty and No/100 ($950.00)representing the Security Deposit.This is a total of Two Thousand Eight Hundred Fifty and No/100 Dollars ($2850.00) OCCUPANCY AND USE OF THE PREMISES. 3. 4. (a)TENANT shall occupy the Property as a residential apartment for TENANT only.TENANT shall not change,alter or install locks without the prior written consent of LANDLORD. 519 TENANT shall not allow any pets or animals greater than ten (10) pounds on the Property without LANDLORD'S prior written consent (which shall be given or denied in LANDLORD'S sole and absolute discretion).If LANDLORD,in its sole and absolute discretion,allows TENANT to have an animal in excess of ten (10)pounds on the Property,TENANT shall pay to LANDLORD an additional security deposit of Five Hundred and No/100 Dollars ($500.00)to protect LANDLORD from costs and expenses associated with damage to the Property caused by the animal or cleaning costs resulting from animal being on the Property ("Animal Security Deposit").In addition,TENANT shall obtain a liability insurance policy covering risks associated with owning the animal, with limits of no less than $100,000 per incident,naming LANDLORD as an additional named insured,and requiring thirty (30)days advance written notification to LANDLORD prior to any modification,termination,or expiration of the liability insurance policy.If LANDLORD determines that TENANT did permit pets or animals on the Property in violation of the foregoing restriction,or if TENANT'S pet has caused damage to,or the need to clean,the Property,such breach shall be considered a material breach entitling LANDLORD to all remedies provided for herein,including but not limited to retention of the Animal Security Deposit and immediate eviction.TENANT hereby acknowledges and agrees that TENANT shall be solely and personally responsible for all loss,costs, damages,or injury caused by TENANT'S pets and shall indemnify LANDLORD and all third parties who suffer loss,cost,injury,or damage as a result of TENANT'S pets being located on the Property. (b) No smoking shall be permitted within the apartment in the hallways,or common areas at anytime with no exceptions.TENANT acknowledges that each apartment contains a gas stove/oven and that smoking within the apartment hallways,or common areas bv TENANT poses a hazard to all persons In (c) the building. (d)TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities,whether federal,state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral,improper or unlawful practice or act in or upon the Property.TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property.TENANT shall not,in any manner,alter,damage or deface the Property. Provided that TENANT abides by all terms,obligations,and covenants of this Lease,TENANT shall enjoy quiet and peaceful possession of the Property during the Term. (e) 5.UTILITIES. (a)During the Term,LANDLORD shall pay the cost of water and sewer service,garbage service,gas service,and quarterly pest control.During the Term, TENANT agrees to pay all utility charges for electricity,telephone,television/internet,and 520 any other utilities or services used at the Property,including all installation and activation fees and any deposits required by such utility providers. (b)Except in the instance of LANDLORD'S negligence,LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable,for any reason whatsoever,and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANT'S occupancy of the Property,nor shall Rent be abated during any such period of interruption or unavailability. MAINTENANCE AND REPAIRS:HURRICANE PROTECTION: SURRENDER OF PROPERTY:AND INSURANCE. 6. (a)TENANT shall,at its sole expense,keep and maintain the Property in good,clean and sanitary condition and repair during the Term of this Lease.Except for repairs due to TENANT'S misuse,waste,or neglect or that of TENANT'S family members, agents or visitors,the LANDLORD will be responsible for the repair and replacement of the roof,air conditioning system,and appliances. (b)TENANT shall not drain,nor permit the drainage of,grease into the toilets or sinks. (c)In the event of a hurricane watch or hurricane warning,TENANT shall use reasonable efforts to secure the Property against damage. (d)LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e)TENANT shall,at the end of the Lease term,surrender and deliver to LANDLORD the Property,without demand,"broom clean"and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. (f)During the Term,TENANT shall provide,at TENANT'S expense, any insurance that TENANT desires to insure TENANT'S personal property located at the Property.Under no circumstance shall LANDLORD be responsible or liable for TENANT'S personal property located at the Property. NO ADDITIONS OR ALTERATIONS. (a)TENANT shall not make any additions,changes or alterations in and upon the Property (including,without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD'S sole discretion.LANDLORD may remove or change,at TENANT'S cost and expense,any addition,change or alteration made by TENANT without LANDLORD'S consent,the charge for which shall be paid by TENANT upon demand.TENANT shall not permit or install nails,screws or adhesive hangers except standard picture hooks;and no nails,screws or hangers may be placed in walls, woodwork or any part of the Property. 7. 521 (b)No personal property,appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD.LANDLORD'S interest in the Property shall not be subject to mechanics'or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANT'S request. (c)If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10)days thereafter,at TENANT'S expense,and TENANT shall indemnify LANDLORD for any loss,cost,or expense incurred by LANDLORD as a result of TENANT'S violation of this provision.The foregoing indemnification shall survive termination or expiration of this Lease. DESTRUCTION BY CASUALTY.In the event the Property or any8. portion thereof may be rendered untenantable by reason of fire,explosion or any other casualty,LANDLORD,at LANDLORD'S option,may either repair the Property to make the same tenantable within sixty (60)days thereafter,or terminate this Lease.In such event,LANDLORD shall give TENANT ten (10)days'notice in writing of LANDLORD'S intention to repair or terminate this Lease.If LANDLORD elects to repair the damaged Property,LANDLORD shall proceed with due diligence and TENANT'S Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. PROPERTY LOSS.DAMAGE AND INDEMNIFICATION.9. The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition and acceptable to TENANT.LANDLORD shall not be liable to TENANT,TENANT'S family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity.LANDLORD shall not be liable for any patent or latent defects in the Property. (a) LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property.TENANT hereby releases LANDLORD from any and all claims for loss,damage or injury of any nature whatsoever to person or property,including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (b) TENANT further agrees to hold LANDLORD harmless and to(c) indemnify LANDLORD from and against any and all claims,liabilities,actions,causes of action,damages,costs and expenses whatsoever which may arise out of,result from or be attributable to TENANTS use or occupancy of the Property,or any act or omission thereon (whether by TENANT,TENANT'S family members,agents,employees,licensees or invitees),which indemnification shall include attorneys'fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. 522 (d)LANDLORD'S insurance does not cover loss or damage to any of TENANT'S personal property or possessions.If TENANT desires insurance coverage for any of TENANT'S personal property or possessions,TENANT shall obtain and pay for any such insurance coverage. ASSIGNMENT OR SUBLEASING.TENANT shall neither sublet the Property or any part thereof nor assign (voluntarily or by operation of law)this Lease or any interest therein,nor mortgage nor encumber the Property or this Lease. 10. RIGHT OF ENTRY.LANDLORD shall have the right by or11. through itself or its agents or employees,to enter the Property at all reasonable hours. LANDLORD'S entry into the Property shall be for the purpose examining it and to,in LANDLORD'S sole discretion,make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same.In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD'S intention to do so,for the purpose of showing the Property to prospective:(i)tenants;(ii)purchasers;or (iii)mortgagees. 12.DEFAULT. If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder.If TENANT should become in default hereunder,LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default,including,without limitation,the right to:(i)terminate this Lease and sue for unpaid Rent;and/or (ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent;and/or (iii)take possession of the Property (and any and all of TENANT'S personal property therein)and, at LANDLORD'S option,rent the Property for the account of TENANT.In the event that LANDLORD takes possession of the Property,it may remove TENANTS personal property and store same at the expense of TENANT,without being liable for damages therefor.In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT,LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including,without limitation, the cost of brokerage,repair,alteration and all other sums)and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency.If at the time of any default by TENANT there remains any unrefiinded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity.In the event TENANT shall fail to vacate the Property as and when required hereunder,TENANT shall be deemed a tenant at sufferance and,in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged,for each day during its occupancy,an amount equal to 250%of the rental amount which was due hereunder immediately prior to such holdover occupancy. (a) 523 If,by reason of a default hereunder,a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default,the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys'fees (including fees at trial and appellate levels) and costs and expenses. (b) APPLIANCES AND AIR CONDITIONING.All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. 13. SUBORDINATION.This Lease is subject and subordinate to all ground or underlying leases,encumbrances,mortgages and other matters which may now or hereafter affect or become a lien upon the Property (or any portion thereof)and to any renewals,modifications,amendments,replacements or extensions thereof.TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT'S attomey-in-fact to execute any and all such instruments. CUMULATIVE REMEDIES:LAWS:NOTICES:INVALIDITY: WAIVER:SURRENDER:ENTIRE AGREEMENT:SUCCESSORS AND ASSIGNS. AH rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD'S resort to any other remedy in this Lease.This Lease shall be construed in accordance with Florida law.All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease)at the property address.Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed;however,notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT,any member of TENANT'S family or any agent of TENANT found at or upon the Property.If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable,such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect.No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease,and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD.Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property.The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance.Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach.No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due,nor any endorsement or statement on a check,shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums,or to pursue any remedy provided in this Lease.This Lease contains the entire agreement between the parties with respect to the 14. 15. 524 subject matter and supersedes any prior or oral agreements or understandings, promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto,and (to the extent permitted)their respective heirs, personal representatives,successors and assigns. 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 over time.Levels of radon that exceed federal and state requirements have been found in buildings in Florida.Additional information regarding radon and radon testing may be obtained from your county public health unit. PARKING.There is parking located behind the building but due to the limited spots,parking is also available on public parking lot and side street parking. Landlord does not guarantee parking directly behind building. All 16. 17. [SIGNATURES CONTAINED ON FOLLOWING PAGES] 525 IN WITNESS WHEREOF,the parties hereto have executed this Lease on the date and year first above written. WITNESSES:LANDLORD: 500 Ocean Properties,LLC <SSa=i By:Christian Macoviak,its Managing Member TENANT: Freddie Briniey a Phone 561-699-7147 Email s U k oca. Emergency Contact ~%8 C>-3 (olCr 526 Lease Extension Agreement June 24,2021 500 Ocean Properties,LLC and Freddie Brinley("tenant")agree to extend lease on said premises know as 517 Yi E Ocean Ave Apt #5,Boynton Beach,FL 33435,original lease dated 6th day of January 2019. For good consideration 500 Ocean Properties,LLC and Freddie Brinley ("tenant")agree to extend the said lease for a period of six-months,starting date of 6th day of July 2021 and terminating on the 5th day of January 2022.The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period,Freddie Brinley ("tenant")agrees to pay rent in the amount of $1030.00 (one thousand thiry)per month.Payment is to be received by the 6th of each month. All other lease terms shall remain unchanged and continue during the lease extension period as is set forth herin.Per Section 4(c)of the original lease,there is no smoking permittted within the apartment,in the hallways,or common areas at anytime with no exceptions.I will issue an immediate lease termination if this occures.Stairs are part of common area.^y^Initial Per Section 4(a)of the original lease,Tenant shall occupy the Property as a residential apartment for Tenant Onlv.y^Initial You are the only named tenant.Anyone over the age of 18,if residing in the apartment we will need a written request to review to add to lease. This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns,personal agents and managing members. Landlord riu,n -Date Date ~J"^"ZCKZ(Tenant 527 OYER,MACOVIAK AND ASSOCIATES 511 &513 E.Ocean Avenue 528 COMMERCIAL LEASE AGREEMENT THIS COMMERCIAL LEASE AGREEMENT ("Lease")is made effective as of the 15th day of October 2019,between 500 OCEAN PROPERTIES,LLC,a Florida limited liability company,whose mailing address is 51 1 East Ocean Avenue,Boynton Beach,Florida 33435 ("LANDLORDS and HARVEY E.OYER JR.,INC.d/b/a OYER,MACOVIAK AND ASSOCIATES ("TENANT"),whose address is 511 East Ocean Avenue,Boynton Beach, Florida 33435. WITNESSETH: That LANDLORD,for and in consideration of the covenants,agreements and conditions herein contained,mi the part of TENANT to be kept and performed,does hereby lease to TENANT,mid TENANT does hereby lease from LANDLORD,the ground floor Office space located at 5 11 and 513 East Ocean Avenue,Boynton Beach,Florida 33435 ("Property"). This Lease replaces any and all prior lease agreements between LANDLORD and TENANT relating to the Property. The tarns and conditions of this Lease are as follows: TERM.The torn of this Lease shall be for three (3)years,commencing on October 15,2019,and unless earlier terminated in accordance with the terms of this Lease, expiring at 12:00 midnight on October 14,2022. RENT. (a)TENANT agrees to pay to LANDLORD,in lawful money of the United States,each month during the Term of this Lease the sum of$4,400 per month plus all applicable sales taxes ("Rent").Rent shall increase three percent (3%)each year of the Term commencing on the first anniversary.Rent shall be due on the 15lh day of each month and shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. 1. 2. (b)In addition to any other rights of LANDLORD hereunder,in the event TENANT shall foil to pay rent or other sums due hereunder within five (5)days of its due date, LANDLORD may,at LANDLORD'S option,impose a late charge of 5%of such payment and such charge shall be deemed additional rent hereunder.The late charge is not a penalty,but liquidated damages to defray administrative and related expenses due to such late payment 3.SECURITY DEPOSIT.Due to the long term of the tenancy by TENANT, no security deposit shall be required. OCCUPANCY AND USE OF THE PREMISES. (a)TENANT shall Occupy the Property as a commercial insurance office for 4. TENANT only. WPBDOCS 10129834 2 529 (b)TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities,whether federal,state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent,any immoral,improper or unlawful practice or act in or upon the Property.TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind wliieli is detrimental to the Property.TENANT shall not,in any manner,alter,damage or deface the Property. (c)TENANT shall at all times during the Term maintain an active occupational license/business tax receipt with the City of Boynton Beach and any other applicable governmental entities. Cd)Provided that TENANT abides by all terms,obligations,and covenants of this Lease,TENANT shall enjoy quiet and peaceful possession of the Property during die Term. UTILITIES. (a)During die Term,TENANT shall pay die cost of electric service, television/internet,quarterly pest control,and any other utilities provided to or used at die Property,inducting all installation and activation fees and airy deposits required by such utility providers.LANDLORD shall pay the cost of garbage,water,and sewer services. (b)Except in the instance of LANDLORD'S negligence,LANDLORD shall not be liable to TENANT in the event any utility sendees are interrupted or become unavailable, for any reason whatsoever,and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANT'S occupancy of the Property, nor shall Rent be abated during any such period of interruption or unavailability. 5. MAINTENANCE AND REPAIRS:HURRICANE PROTECTION:6. SURRENDER OF PROPERTY:AND INSURANCE. (a)TENANT shall,at its sole expense,keep and maintain die Property in good,clean and sanitary condition and repair during die Term of this Lease.TENANT shall be responsible for die maintenance ami repair of the building and die HVAC system during die Tom.However,LANDLORD shall be responsible for the replacement of the roof,building struoture,and HVAC system should replacement be necessary. (b)TENANT shall not drain,nor permit the drainage of grease into the toilets or sinks. (c)In the event of a hurricane watch or hurricane warning,TENANT shall use reasonable efforts to secure the Property against damage. (d)TENANT shall engage a professional pest control contractor to provide calendar quarteriy pest control service. WPBDOCS 101298342 530 (e)TENANT shall,at die end of the Lease term,surrender wd deliver to LANDLORD the Property,without demand,"broom clean"and in the same condition as it existed on die commencement date hereof,reasonable wear and tear excepted. (f)During the Term,TENANT shall provide,at TENANTS expense, insurance adequate to insure all of TENANT'S personal property,fixtures,operations,and business interruption for its operations at the Property.TENANT shall also pay for and keep in foil force and effect during the Term,commercial general liability insurance in an amount of not less than SI million per occurrence mid $2 million in the aggregate,naming LANDLORD as an additional named insured.Under no circumstance shall LANDLORD be responsible or liable for TENANTS personal property,fixtures,or operations located at the Property. NO ADDITIONS OR ALTERATIONS. (a)TENANT shall not make any additions,changes or alterations in and upon the Property (other than painting)without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD'S reasonable discretion.LANDLORD may remove or change,at TENANTS cost and expense,any addition,change or alteration made by TENANT without LANDLORD'S consent,the charge for which shall be paid by TENANT upon demand. 7. (b)LANDLORD'S interest in the Property shall not be subject to mechanics' or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANTS request. (c)If any lien is filed against the Property for improvements or work claimed to have been done or for materials elaimed to have been furnished to TENANT,the lien shall be discharged by TENANT within ten (10)days thereafter,at TENANT'S expense,and TENANT shall indemnify LANDLORD for any loss,cost,or expense incurred by LANDLORD as a result of TENANT'S violation of this provision.The foregoing indemnification shall survive termination or expiration of this Lease. DESTRUCTION BY CASUALTY.In the event the Property or any portion thereof may be rendered untenantable by reason of fire,explosion or any other casualty, LANDLORD,at LANDLORD'S option,may either repair the Property to make the same tenantahle within sixty (60)days thereafter,or terminate this Lease.In such event,LANDLORD shall give TENANT ten (10)days'notice in writing of LANDLORD'S intention to repair or terminate this Lease.If LANDLORD elects to repair the damaged Property,LANDLORD shall proceed with due diligence and TENANTs Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. PROPERTY LOSS.DAMAGE AND INDEMNIFICATION. The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfoctoiy condition and acceptable to TENANT.LANDLORD shall not be liable to TENANT,TENANTs family members,agents,licensees or invitees,for damage to persons or property caused by any s. 9. (a) WPBDOCS I0I29S34 2 531 individual or entity.LANDLORD shall not be liable for any patent or latent defects in die Property. (b)LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property.TENANT hereby releases LANDLORD from any and all claims for loss, damage or injury of any nature whatsoever to person or property,including (without limitation) damage caused by theft,vandalism,water,smoke,fire or other causes,or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (c)TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims,liabilities,actions,causes of action,damages, costs and expenses whatsoever which may arise out of,result from or be attributable to TENANTS use or occupancy of the Property,or any act or omission thereon (whether by TENANT,TENANTS family members,agents,employees,licensees or invitees),which Indemnification shall include attorneys'fees at trial and appellate levels.The foregoing indemnification shall survive termination or expiration of this Lease. (d)LANDLORD'S insurance does not cover loss or damage to any of TENANTS personal property or possessions.If TENANT desires insurance coverage for any of TENANTS personal property or possessions,TENANT shall obtain and pay for any such insurance coverage. ASSIGNMENT OR SUBLEASING.TENANT shall neither sublet the Property or any part thereof nor assign (voluntarily or by operation of law)this Lease or any interest therein,nor mortgage nor encumber the Property or this Lease. RIGHT OF ENTRY.LANDLORD shall have the right by or through itself or its agents or employees,to enter the Property at all reasonable hours.LANDLORD'S entry into the Property shall be for the purpose examining it and to,in LANDLORD'S sole discretion,make such repairs ami alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same.In addition,LANDLORD specifically reserves foe right to enter upon tire Property at reasonable times after first having informed TENANT of LANDLORD'S intention to do so,for the purpose of showing foe Property to prospective:(i) tenants;(11)purchasers;or (lit)mortgagees. DEFAULT. 10. 11. 12. If TENANT shall foil to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of foe terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder.If TENANT should become in default hereunder,LANDLORD will have any and all of foe rights and remedies which the law of Florida confers upon a landlord against a tenant in default,including,without limitation,the right to:(i)terminate this Lease and sue for unpaid Rent;and/or (ii)accelerate foe entire unpaid balance of the Rent for foe Term of this Lease and sue for the collection of such Rent;and/or (iii)take possession of foe Property (and any and all of TENANTS personal properly therein)and,at LANDLORD'S optical,rent the Property for the account of TENANT.In foe event that LANDLORD takes possession of foe Property,it may (a) WPBDOCS 101298342 532 remove TENANTS personal property and store same at the expense of TENANT,without being liable for damages therefor.In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT,LANDLORD shall receive die Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including,without limitation,die cost of brokerage,repair,alteration and all other sums)and apply any remaining Rent or proceeds to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency.If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity.In the event TENANT shall fail to vacate the Property as and when required hereunder,TENANT shall be deemed a tenant at sufferance and,in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged,for each day during its occupancy,an amount equal to 250%of the rental amount which was due hereunder immediately prim*to such holdover occupancy. If by reason of a default hereunder,a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from foe default,the non-prevailing party mil owe and will pay the prevailing party's reasonable attorneys'fees (including foes at trial and appellate levels)and costs and expenses. APPLIANCES AND AIR CONDITIONING.All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease. SUBORDINATION.This Lease is subject and subordinate to all ground or underlying leases,encumbrances,mortgages and other matters which may now or hereafter affect or become a lien upon foe Property (or any portion thereof)and to any renewals, modifications,amendments,replacements or extensions thereof.TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANTS attorney- in-fact to execute any and all such instruments. CUMULATIVE REMEDIES.LAWS:NOTICES:INVALIDITY; WAIVER:SURRENDER:ENTIRE AGREEMENT:SUCCESSORS AND ASSIGNS.Ail rights and remedies herein created for foe benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be on election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD'S resort to any other remedy in this Lease.This Lease shall be construed in accordance with Florida law.All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease)at the property address.Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed;however,notices to LANDLORD shall be deemed received only upon actual receipt Notices to TENANT may be effectuated by personally serving same on TENANT,any member of TENANTS family or any agent of TENANT found at or upon the Property.If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable,such invalidity or unenforceability shall not affect foe remaining provisions,all of which shall remain in foil force arid effect.No act or thing done by LANDLORD shall be (b) 13. 14, 15. WPBDOCS 101298342 533 deemed an acceptance of a surrender of the Property or this Lease,and no agreement to accept the Property and surrender die Lease shall be valid unless in writing signed by LANDLORD. Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property,The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance.Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach.No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waive-shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due,nor any endorsement or statement on a check,shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rait or other sums,or to pursue any remedy provided in this Lease.This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings.All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto,and (to the extent permitted)their respective heirs,personal representatives,successors and assigns. 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 ova-time.Levels of radon that exceed federal and state requirements have been found in buildings in Florida.Additional information regarding radon and radon testing may be, obtained from your county public health unit. 16 [SIGNATURES CONTAINED ON FOLLOWING PAGES] WPBDOCS 101298342 534 IN WITNESS WHEREOF,the parties hereto have executed this Lease on the date and year first above written. WITNESSES:LANDLORD: 500 Ocean Properties,LLC,a Florida limited liability company By:1 tarvcy I 1.Oyer III,lis Managing Member mmr TENANT: HARVEY E OYER JR.,INC.,a Florida corporation,d/h/a OYER,MACOV1AK AND ASSOCIATES Robert Macoviak,its President WPBDOCS 10129834 2 535 CAFE BARISTA,INC.d/b/a HURRICANE ALLEY 527,529,531 &OFFICE 4 (533 E.OCEAN) 536 BUSINESS LEASE THIS LEASE executed this day of /3 2007.by and between Harvey/bver of 5 1 Seacrest Blvd..Bovnton Beach.FL 33425 .hereinafter called Lessor,and Cafe Barista.Inc.d/b/a Hurricane Alley and Hurricane Alley Eve of Storm.Inc.of 527-531 E.Ocean Avenue.Bovnton Beach.FL 33435 .hereinafter called Lessee, WITNESSETH,THAT:Lessor,in consideration of the covenants and agreements herein contained on the part of the Lessee to be kept and performed,does hereby lease,demise,and let to the Lessee under the Lessor the premises located at 527.529.53 1 E.Ocean Avenue.Bovnton Beach.FL 33435 (see attached Legal Description "Exhibit A")to be occupied as a restaurant and ice cream parlor for a period of 60 months commencing on the 1st day of September .2007 and ending midnight on the 31st day of August agreed aggregate rental of One Hundred Sixty-eight Thousand and NO/1 00 ($1 68.000.001 Dollars +applicable Florida sales tax in lawful money installments of $3.000.00 plus applicable Florida sales tax,due and payable in cash,cashier's check,or money order to Lessor or their assigns on each and every monthly anniversary of the commencement date during the term of this Lease (Except:Lessor agrees to waive all regular rent for the rest of the calendar year of 2007)to be paid at 5 12 S.Seacrest Blvd..Bovnton Beach.FL 33425 .or at such other place as the Lessor may designate in writing.First monthly payment to begin January 1",2008.Lessee shall still be bound by all other terms and conditions of this lease from the date of commencement which is September 1 ,2007. In addition to the rental installment,Lessee agrees to pay Lessor as additional rent within Ave (S)days of rendition of Lessor's bill to Lessee,such costs,fees,and expenses paid or incurred by Lessor for:1)repairs made by Lessor caused by Lessee's misuse;2)fees and expenses,including court costs and reasonable attorney's fees arising in connection with the enforcement of the terms ofthis Lease;and 3)such other expenditures advanced for the account of Lessee by Lessor required to be paid by Lessee under this Lease. This Lease is made upon the following expressed terms and covenants,all and every one of which are material and which the parties covenant and agree to keep and perform: 2012 at an 1)SECURITY DEPOSIT AND AGREEMENT :Lessee shall deposit with Lessor upon the execution of this Lease the sum of $25.00 as security for the prompt payment of the rent and for the full and faithful performance by Lessee of the terms and covenants of this Lease,to be returned to Lessee,without interest,after Lessee has vacated the premises and upon the full performance of the provisions of this Lease.Lessee shall not use the security as rent. If Lessee should fail to perform any obligation imposed by this Lease or by law,or by the condo association, Lessor shall have the right to apply the security deposit against the costs,expenses and damages suffered by Lessor including unpaid rent installments and reasonable attorney's fees.The security deposit shall not be considered liquidated damages. 2)TAXES:Real estate taxes on the premises shall be paid by Lessee.Personal property taxes on personal property of Lessee,if any,shall be paid by Lessee not later than 30 days from when the tax bill first comes out beginning 2007.Since the space being leased by Lessee constitutes approximately 'A of the entire building the parties shall split equally the over all gross tax for the entire building. 3)INSURANCE:Personal property insurance covering Lessee's personal property shall be paid by Lessee. Public liability insurance shall be paid by Lessee (Coverages should be at least as follows:Fire Liability, $100,000.00;Liquor Liability,$1 ,000,000.00;and General Liability,$1,000,000.00/$2,000,000.00).Lessor shall be added to the insurance policy as an additional insured,which policy shall include a waiver of subrogation rights by Lessee's insurance carrier.Lessor may at any time perform such acts as may be required of Lessee hereunder, or advance premiums required to be paid by Lessee,the same thereupon becoming additional rent and immediately due. 4)MAINTENANCE:Maintenance of all plumbing,lighting and appliances,including,but not limited to refrigerator,air conditioning and heating equipment shall be made by and paid by Lessee.Lessee acknowledges that all such appliances have been turned over to Lessee in good working order and that all said appliances shall be returned back to landlord in good working order and that Lessee agrees to maintain the appliances in said condition throughout the term of the lease.Lessee shall forthwith have repair done in a workman like manner at its expense, all damage to the demised premises,or any portion thereof,resulting from the act or negligence of Lessee,its family, servants orguests and only such types of repairs.If Lessee fails to make such repairs,Lessor may,but shall not be obligated to do so,make such repairs,and Lessee shall reimburse Lessor for the cost thereof,without demand,as an additional payment of rent under this Lease.Lessee agrees and acknowledges that it will not install any additional locks on any doors nor will Lessee change any existing locks without first obtaining the Lessor's express Page 1 of 4 537 written permission and providing the Lessor a duplicate key.Lessee shall further make reasonable provisions for and shall pay the cost of extermination services,and shall keep all plumbing and appliances clean,sanitary and in good repdir at its expense. 5)IMPROVEMENTS :Any improvements and repairs made to the premises by the Lessee shall meet all city and state code requirements.All costs of improvements or repairs shall be paid by Lessee. 6)UTILITIES:Telephone bills shall be paid by Lessee.Electric bills and cable television shall be paid by Lessee.Lessee is responsible for making arrangements with the utility companies in Lessee's name,including required deposits,for all utility services to be paid for by Lessee.Lessee will be responsible for sewer,water and garbage and all occupational licenses. 7)COMPLIANCE:The Lessee shall promptly execute and comply with all statutes,ordinances,rules,orders, regulations and requirements of the Federal,State and City Government for the correction,prevention,and abatement of nuisances or other purposes in,upon or connected with said premises during said term.Further, Lessee agrees to comply with all building rules and regulations. Except as specified in any notices to landlord pursuant to section 1 8 of this lease, the Lessee has examined and knows the condition of the premises and acknowledges that they are received in good order and repair;that they are tenantable,and that upon the termination of this Lease in any way,Lessee covenants to yield the premises to Lessor in as good condition as when entered upon by Lessee,ordinary wear and tear expected.Lessee shall remove all trash and debris from the premises and shall leave them in broom clean condition. All appliances shall be cleaned by Lessee and returned to Lessor in good operating condition. 8)PREMISES CONDITION: 9)PETS:Lessee covenants to refrain from keeping any pets upon the premises. 1 0)RIGHT OF ENTRY :Lessor,or its agents shall have the right to enter the premises,upon reasonable notice, at all reasonable hours for the purpose of examining or exhibiting the same;to make any repairs,alterations,or changes on the premises which Lessor may deem fit to make,or to place any sign therein or thereon for sale or rent and to show the same to prospective purchasers or tenants.Lessee shall not inhibit sales efforts of Lessor. However,sale of the property will not terminate this lease during its term. 1 1 )WASTE PROHIBITED:Lessee shall not commit,nor suffer to be committed,any waste upon the premises, the appliances or furnishings,if any;not cause any nuisance or breach of the peace,nor commit or permit to be committed any other act or deed which may disturb the quiet enjoyment of any other person or person's property in the neighborhood. 1 2)ASSIGNMENT AND SUBLETTING:Lessee may not assign this Lease or sublet the premises or any part thereof without the prior written consent of the Lessor.In the event such consent is given,Lessee agrees to pay the Lessor reasonable attorney's fees for the preparation and execution of such documents deemed necessary by the Lessor to be executed in connection with the assignment or subletting. 1 3)LESSOR LIABILITY:Lessee will indemnify and hold Lessor exempt and harmless from any liability,Joss, cost,or obligation on account of any damage or injury to any person,or to the property of any person,arising in any manner from the use or occupation of the premises by the Lessee,its family,employees,servants,and guests and Lessee shall provide thereon insurance for same. 14)OPTIONS UPON DEFAULT:If Lessee shall violate any term or covenant under this Lease,in addition to the relief allowed under Florida Statute,Chapter 83,the Lessor may re-take possession of the premises for the account of Lessee and re-let the same as agent of the Lessee;and the Lessee hereby irrevocably appoints Lessor its lawful attorney-in-fact for this purpose.Lessee shall,in such event,remain liable to Lessor for any deficiency,loss, costs,or damages sustained or incurred during the remainder of the term. 15)ATTORNEY'S FEES AND COSTS:Lessee agrees to pay all costs,fees,expenses,and a reasonable attorney's fees in the event of eviction,enforcement of any term or covenant of this Lease,or for the collection of any unpaid rent,whether suit be brought or not;and the security may serve as a source of such payment. 16)ESTOPPEL STATEMENT:Lessee agrees to execute and deliver to Lessor,within five (5)days of written request,a statement setting forth a)that the Lease is in full force and effect without modification;b)that Lessee has no claim,set-off,or defense to the Lease;c)the amount of the security deposit;and d)the dale through which rent has been paid.Failure to execute and deliver such statement within the time required shall be construed as Lessee's Page 2 of 4 538 representation that the Lease is in good standing without modification and that the Lessee has no claim,set-off,or defense to the Lease. 17)HOLDING OVER-DOUBLE RENT:If Lessee holds over and continues in possession of the premises,or any part thereof,after the expiration of the Lease without Lessor's permission Lessor may recover double the amount of the rent due for each day Lessee holds over and refuses to surrender possession.Such daily rent shall be computed by dividing the rent for the last month of the Lease by fifteen. 18)AS IS:Lessee has inspected the premises and is familiar and satisfied with its present condition.The taking of possession of the premises by Lessee shall be conclusive evidence that the premises were in good and satisfactory condition at the time such possession was taken. .- 19)FURNISHED PREMISES:The premises are rented unfurnished. 20)SUBORDINATION:This Lease is expressly made subject to and subordinate to all mortgages now upon or hereafter placed upon the premises by Lessor.Lessee irrevocably appoints Lessor its attorney-in-fact to execute such instruments as might be deemed expedient by Lessor to evidence implementation of this paragraph. 21)ASSIGNMENT:The Lessee shall not assign,mortgage,or encumber this Lease,nor sublet or permit the leased property or any part thereof to be used by others without the prior written approval of the condominium association. 22)NON-DISTURBANCE:The Lessee agrees not to use the demised premises,or any part thereof,or permit the same to be used for any illegal,immoral or improper purposes;not to make,or permit to be made,any disturbance,noise or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the demised premises. 23)INSPECTIONS:Lessee acknowledges that the Lessor shall have the right to make inspection of the premises at any reasonable hour. 24)NOTICES:Any notice required to be given shall be made by Certified Mail,Return Receipt Requested, mailed to the last known address of the party to be notified. 25)PERSONS BOUND:This Lease shall be biding upon and inure to the benefit of the parties and their respective heirs,personal representatives,successors,and permitted assigns. 26)FLORIDA LAV/-.All parties agree that this Lease shall be construed for all purposes under the Jaws of the State of Florida. 27)TIME:Time is of the essence in this Lease. 28)COMPLETE AGREEMENT:This Lease constitutes the complete agreement and understanding between Lessor and Lessee,and no future agreement,understanding,or modification of this Lease shall be valid,binding, or enforceable against either party unless reduced to writing signed by Lessor and Lessee. 29)RECEIPT OF FUNDS:Lessor acknowledges that it has,or its agent has received the sum of £3.220,00 subject to check clearance,applied as follows:Security Deposit:$25.00 :First Month's Rent:$3.0Q0.00 + £195.00 State Sales Tax:Last Month's Rent:£-0-. 30)SPECIAL PROVISIONS:There shall be a 10%late fee for any rent payment more than 5 days overdue. The lessees shall have the option to renew for an additional five (5)years at the original rate.There shall be a CPI adjustment to the rent which shall be limited both upward and downward by 5%for the five renewal years.Lessee shall have right of 1st refusal if Lessor should decide to sell property.Specifically,Lessor shall give Lessee five (5)days notice before placing property on market and Lessee shall have four (4)days thereafter to accept terms being offered. i 31)HURRICANE SHUDDERS:Lessee shall be responsible for boarding up the windows and doors on the premises covered in this lease. Page 3 of 4 539 : IN WITNESS WHEREOF,the Lessor and Lessee have hereunto set their hands the day and year first above written. .Signed,sealed and delivered in the presence of: WITNESS (17- LESSOR:.HARVEY^YE ft7/. WITNESS /D ILLl\ £1 WITNI^ _SL VfdA>/ LES:KELLY, CAFfi BARISTA,INC. esident of /a HURRICANE ALLEY 'ITNESS 1 -T^*\/E'k "7 /v-»<--L -Lt LESSEE:KIM KELLY,lYesidcnt of HURRICANE ALLEY EYE OF STORM,INC. WITNESS pottle\tLs WITNESS Prepared by:MARTIN LAVAGE &HILEMAN,P.A.,1200 S.FEDERAL HIGHWAY,SUITE #201 BOYNTON BEACH,FL 33435 -PHONE:561-736-2888 FAX:561-736-9612 Page 4 of 4 540 LEASE AMENDMENT THIS LEASE AMENDMENT ("Amendment")is entered into effective as of the 1st day of January 2011 ("Effective Date")between HARVEY E.OYER in,AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARVEY E.OYER,JR.("Lessor"),having an address of 51 1 East Ocean Avenue,Boynton Beach,Florida 33435,and CAFE BARISTA,INC., a Florida corporation,d/b/a Hurricane Alley Raw Bar &Restaurant ("Lessee"),whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RECITALS: WHEREAS,Harvey E.Oyer,Jr.,as lessor,and Lessee entered into that certain Business Lease ("Lease"),dated October 2,2007,for ground floor retail space located at 527,529,and 531 East Ocean Avenue,Boynton Beach,Florida to be used exclusively as a restaurant ("Leased Premises"):and WHEREAS,Harvey E.Oyer,Jr.died on December 18,2010 and Lessor,by operation of law,became landlord of the Leased Premises;and WHEREAS,Lessor and Lessee mutually desire to amend the Lease in accordance with the terms and conditions contained herein. NOW,THEREFORE,in consideration of the above recitals,the mutual promises and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which both parties hereto acknowledge,Lessor and Lessee hereby agree as follows: AGREEMENT: RECITALS.The above Recitals are true and correct and are incorporated herein1. by this reference. ALTERATION TO THE LEASED PREMISES.Lessor and Lessee agree that2. Lessee shall be permitted to cut an opening in the east wall of the 529 East Ocean Avenue portion of the Leased Premises in order to connect it to the 531 East Ocean Avenue portion of the Leased Premises ("Doorway Connection").The Doorway Connection shall be constructed in such a manner so as to:(a)comply with all laws,statutes,ordinances,and building construction codes;(b)maintain or enhance the load-bearing qualities of the existing wall;(c) utilize construction materials and finishes that are compatible with the existing,original construction materials in the Leased Premises;and (d)be no larger than the existing doorway opening connecting the 529 East Ocean Avenue portion of the Leased Premises to the 527 East Ocean Avenue portion of the Leased Premises.Lessee shall be responsible for all costs associated with the construction of the Doorway Connection,including but not limited to all materials,labor,permits,inspections,fines,and penalties.At no time shall Lessee be permitted to encumber the Lease,the Leased Premises or any portion thereof.Lessee shall not permit any 541 notices of commencement,notices to owner,or liens of any kind or nature whatsoever to be recorded or to attach to the Leased Premises or the property to which the Leased Premises is a part.Lessee shall pay all liens of contractors,subcontractors,mechanics,laborers,materialmen and all other like character,and shall indemnify Lessor against all expenses,costs and charges, including bond premiums for release of liens and attorney's fees,disbursements,and costs reasonably incurred,at all trial and appellate levels,in the defense of any suit in discharging the Leased Premises or any part of it from any liens,judgments,or encumbrances caused or suffered by Lessee or any party acting by,through,or under Lessee or in any other way arising from or related to the Doorway Connection.With respect to the Doorway Connection,Lessee shall indemnify Lessor against all losses,costs,damages,and expenses of any kind or nature whatsoever,including court costs and attorneys fees,resulting from personal injury,death, damage to the Leased Premises,damage to the building in which the Leased Premises is situated, or any breach of the terms of the Lease or this Amendment ALCOHOLIC BEVERAGE LICENSE.Lessee hereby warrants and represents to Lessor that Lessee currently possesses all licenses necessary to serve beer and wine at the Leased Premises.Lessee desires to obtain all licenses and approvals necessary to serve all forms of alcoholic beverages at the Leased Premises (collectively,the "Alcohol License"!and Lessor is agreeable to allow Lessee to do so but only upon the terms and conditions contained in this Amendment Lessee shall be responsible for all costs and expenses associated with obtaining and maintaining the Alcohol License.Lessee shall at all times operate the Leased Premises and use the Alcohol License in conformance with all laws,statutes,and ordinances.Lessee agrees that the current hours of operation at the Leased Premises (Sunday to Thursday 1 1 am to 1 1 pm and Friday and Saturday 1 1 am to 12 am)shall not be increased or extended.Lessee agrees that at no time will it offer solo drink specials that are not associated with a food and drink pairing special.Lessee agrees that it will not have or promote alcoholic drink specials (e.g."jello shots")or nights (e.g."Ladies Night").Lessee agrees that it shall not advertise,promote or otherwise hold itself out to the community as a bar or nightclub.Lessee acknowledges and agrees that the conditions contained in this Amendment and the duties and obligations imposed upon Lessee herein are a material inducement to Lessor to agree to the Alcohol License and that the breach by Lessee of any of the conditions contained in this Amendment shall be a material breach of the Lease and shall entitle Lessor to all remedies at law and in equity.In consideration of Lessor permitting Lessee to obtain and maintain the Alcohol License at the Leased Premises during the term of the Lease,Lessee shall pay to Lessor an additional One Thousand and No/100 Dollars ($1,000.00)of Rent per month during the term of the Lease.Such additional rent shall become due and payable beginning on the first day of the first full month after Lessee obtains the Alcohol License.Such additional rent shall be added to and paid to Lessor in the same manner as the Rent under the Lease. 3. RENT.At Lessee's request,Lessor hereby authorizes and permits Lessee to divide the monthly Rent payments (including any additional rent,sales taxes,real estate taxes, and garbage fee reimbursements that Lessee owes to Lessor)so that one half of the monthly Rent shall be paid by Lessee to Lessor on the 1st day of each month during the term and the remaining one half of the Rent shall be paid by Lessee to Lessor on the 1 5th day of each month. 4. 542 RESTAURANT SIGNAGE.Lessor hereby authorizes Lessee,at Lessee's sole cost and expense,to install the restaurant signage depicted on Exhibit "A"attached hereto to the south facade of the second story of the building in which the Leased Premises is located ("Restaurant Signage").The Restaurant Signage shall be constructed in such a manner so as to: (a)comply with all laws,statutes,ordinances,and building construction codes;(b)be non invasive or minimally invasive to the building wall;(c)utilize construction materials and finishes that are compatible with the existing,original construction materials of the building;and (d)be no larger than as depicted on Exhibit "A"attached hereto.Lessee shall,at Lessee's sole cost and expense,be permitted to add up to two (2)light fixtures to illuminate the Restaurant Signage at night,provided that:(a)the lights do not shine into any of the upstairs windows;and (b)Lessee shall pay all electric charges and maintenance costs associated with the operation of the lights. Lessee shall be responsible for all costs associated with the construction of the Restaurant Signage,including but not limited to all materials,labor,permits,inspections,fines,and penalties.At no time shall Lessee be permitted to encumber the Lease,the Leased Premises or any portion thereof.Lessee shall not permit any notices of commencement,notices to owner,or liens of any kind or nature whatsoever to be recorded or to attach to the Leased Premises or the property to which die Leased Premises is a part.Lessee shall pay all liens of contractors, subcontractors,mechanics,laborers,materialmen and all other like character,and shall indemnify Lessor against all expenses,costs and charges,including bond premiums for release of liens and attorney's fees,disbursements,and costs reasonably incurred,at all trial and appellate levels,in the defense of any suit in discharging the Leased Premises or any part of it from any liens,judgments,or encumbrances caused or suffered by Lessee or any party acting by, through,or under Lessee or in any other way arising from or related to the Restaurant Signage. With respect to the Restaurant Signage,Lessee shall indemnify Lessor against all losses,costs, damages,and expenses of any kind or nature whatsoever,including court costs and attorneys fees,resulting from personal injury,death,damage to the Leased Premises,damage to the building in which the Leased Premises is situated,or any breach of the terms of the Lease or this Amendment. 5. EXTENSION OF TERM.Lessee desires to extend the term of the Lease for an additional five (5)years after the currently scheduled expiration of the existing term of the Lease on August 31,2012.Lessor and Lessee hereby agree that the Lease term is hereby extended an additional five (5)years and shall expire on August 31,2017.The Rent shall remain the same as it is as of the effective date of this Amendment up to and including August 31,2012,that is $3,000 per month,plus additional rent of $1,000 per month for the Alcohol License (if in use by the Lessee),plus applicable sales taxes on the rent and additional rent,plus one-half the annual real estate taxes on the building in which the Leased Premises is located,and one-half of the garbage dumpster service.Beginning September 1,2012 and continuing until August 31,2014, the Rent shall be $4,100 per month,plus additional rent of $1,000 per month for the Alcohol License (if in use by the Lessee),plus applicable sales taxes on the rent and additional rent,and one-half of the garbage dumpster service.During this two year period,Lessee shall not pay Lessor one-half of the real estate taxes for the building in which the Leased Premises is located. Beginning September 1,2014 and continuing until August 31,2017,the Rent shall be $4,500 per month,plus additional rent of $1 ,000 per month for the Alcohol License (if in use by the Lessee), plus applicable sales taxes on the rent and additional rent,and one-half of the garbage dumpster 6. 543 service.During this three year period,Lessee shall not pay Lessor one-half of the real estate taxes for the building in which the Leased Premises is located. INSURANCE.Commencing upon the execution of this Amendment mid at all times during the term of the Lease,including all extensions of the Lease term,Lessee shall pay for and maintain:(a)replacement cost personal property insurance covering all of Lessee's persona]property located on the Leased Premises;(b)public liability insurance in amounts no less than $100,000.00 for property damage,$1,000,000.00 for liquor liability,and $1,000,000.00/$2,000,000.00 general liability on an occurrence basis;and (c)worker's compensation insurance as required by statute.Lessor shall be added to all insurance policies as an additional insured,which policy shall include a waiver of subrogation rights by Lessee's insurance carrier.Lessor may at any time perform such acts as may be required of Lessee hereunder,or advance premiums required to be paid by Lessee,the same thereupon becoming additional rent and immediately due. SECURITY.Lessee has requested that Lessor not require a security deposit or a general personal guaranty of the Lease by Kim Kelly due to the long-term tenancy of Lessee at the Leased Premises.Lessor hereby agrees to this request by Lessee.Lessor and Lessee do, however,hereby agree that upon execution of this Amendment,Lessee shall execute a UCC-1 Financing Statement ("UCC"),to be recorded with the Florida Secretary of State,that provides Lessor a security interest in all personal property and fixtures located on the Leased Premises during the term of this Lease.Such personal property and fixtures shall serve as Lessor's security for Lessee's full and faithful performance of the terms and conditions of the Lease,as amended from time to time.In addition to the UCC,Kim Kelly hereby personally guarantees the clean-up and restoration of the Leased Premises to broom clean condition upon the expiration or earlier termination of the Lease,including but not limited to the removal of all signage and the restoration of the any damage,holes,or marks to the building in which the Leased Premises is located.This limited personal guaranty by Kim Kelly shall be a continuing personal obligation that shall be legally enforceable against Kim Kelly by Lessor in accordance with die terms of this Amendment. 7. 8. 9.OTHER LEASE PROVISIONS.Unless specifically amended by this Amendment,all other terms and conditions of the Lease remain unchanged and in full force and effect. [Signature page follows] 544 IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed,sealed and delivered in the presence of:LESSOR: HARVEY E.OYER III,AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARVEY ;r,jr. Print Name:ML iy: er III, Representative &y E.naliMStl Print Name:_£.0 LESSEE: 1 CAFE BARISTA,INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar Print Name: Print Name: LIMITED PERSONAL GUARANTY: l^ifvx k-e~(Ii L Print Name: # .,Im Kelly,indrni xsonally Print Name: 545 LEASE AMENDMENT THIS LEASE AMENDMENT ("Amendment")is entered into effective as of the day of July 201 1 ("Effective Date"!between HARVEY E.OYER III,AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HARVEY E.OYER,JR.("Lessor"),having an address of 5 1 1 East Ocean Avenue,Boynton Beach,Florida 33435,and CAFE B ARISTA,INC., a Florida corporation,d/b/a Hurricane Alley Raw Bar &Restaurant ("Lessee"),whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RECITALS: WHEREAS,Harvey E.Oyer,Jr.,as lessor,and Lessee entered into that certain Business Lease ("Lease"),dated October 2,2007,for ground floor retail space located at 527,529,and 531 East Ocean Avenue,Boynton Beach,Florida to be used exclusively as a restaurant ("Leased Premises"):and WHEREAS,Harvey E.Oyer,Jr.died on December 18,2010 and Lessor,by operation of law,became landlord of the Leased Premises;and WHEREAS,Lessor and Lessee entered into that certain Lease Amendment dated effective January 1,2011;and WHEREAS,Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW,THEREFORE,in consideration of the above recitals,the mutual promises and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which both parties hereto acknowledge,Lessor and Lessee hereby agree as follows: AGREEMENT: RECITALS.The above Recitals are true and correct and are incorporated herein1. by this reference. 2.OTHER LEASE PROVISIONS.Unless specifically amended by this Amendment,all other terms and conditions of the Lease remain unchanged and in full force and effect. 3.LICENSE FOR USE OF SIDEWALK.Lessee has requested the use of a portion of the sidewalk owned by Lessor and located adjacent to a premises currently leased by Lessor to Fashion Shoppe Boutique,Inc.("FSB").Lessee desires to utilize that portion of the sidewalk located in front of FSB's store,as more particularly depicted on Exhibit "A"attached hereto ("License Area"),for the sole purpose of outdoor seating incident to Lessee's operation of Hurricane Alley as a restaurant.Lessor hereby grants to Lessee a license to utilize the License 546 Area for the sole purpose of outdoor seating incident to Lessee's operation of Hurricane Alley as a restaurant,but only upon the terms and conditions contained in this Amendment Lessee shall mark the sidewalk in an inconspicuous manner that allows Lessee's employees to place Lessee's tables and chairs in the same spots each day.Lessee shall ensure that all tables and chairs located in the License Area stay in their designated spots,as depicted on Exhibit "A",at all times.At no time shall any tables or chairs be placed in front of FSB's entrance or west of FSB's entrance.Lessee shall be prohibited from connecting tables or placing large parties in the License Area.Lessee shall place and maintain at all times two planters into the locations depicted on Exhibit "A"to direct pedestrian traffic.Lessee shall at all times have a copy of Exhibit "A"in the restaurant so that Lessee's staff is aware of correct placement of the tables and chairs in the License Area.Lessee shall ensure that no dogs,dog water bowls,chairs,strollers, or any other animal or object be permitted in front of FSB's windows,entrance,merchandise, mannequins,or display area.Lessee shall ensure that its staff clean up after each table turnover in a timely manner,never allowing plates,food,or trash to remain on the tables in the License Area.Lessee shall ensure that no trash is allowed on the sidewalk of the License Area at any time.Lessee shall be responsible for the cleaning (including regular pressure cleaning)and maintenance of the License Area.The table closest to FSB's store shall be designated as the "FSB Men's Store Table"and be made available to FSB's owners,staff,employees,and guests when it is available and,if occupied,FSB's owners,staff,employees,and guests shall be next in line for said table.Lessee shall make best efforts to have its employees attach to each of Lessee's customer's receipts a $5 gift card for FSB's store located adjacent to the Leased Premises.FSB shall provide Lessee with the $5 gift cards. [Signature page follows] 547 fy hi bti $ :( •f li FSB Area I ' i k <wf:;vI t le/J To^re a '_<a^CN?c><7 » „1 <3 f=4j/. _ |1 il ——I*My n apT-f,©® £'F 0 " \!W f._ CrAizuCTo r i !<f1—J ufci n ?©©©©?i ^ ®4® ;r*rwn»i«i CI t4®!i4l!i !i 9 —Q -©0 <[vj <l j> cr ;v,v -\L~ ! a-/ 4'-<7- unras.<* 1 *ptkirl s.(.Oi6" *eC1(i'&e nr~t e© t -dlE®l 4nr-fj,j>.?., ~**v/^V v Wk. <©; *©6£QU.Lm, 1 f C©®Hi f aE3i T~PB®V 1 f ©liiof -I 'Jn.c J IS 1 KIO ^=r3 i ©•1 xUS>"1 0®e * *D |P\V TT Lfu „jl ^ ^lllv^'+jli :l£M ft I ^^ ! DPIBj i 3 m«i r />A *i*>J i ? t I cafvatm,•—T--T -=»---f—^"~ii n rr^~ ."tiLiK-jti <«i»ie."•7 7s^!sil "M 't' v «r»e<w>«c EvrXHraM TSKrf f!H.ei3>A._ 548 IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed,sealed and delivered in the presence of:LESSOR: HARVEY E.OYE TA YER4II, .TWEOF YER,JR. II.AS PERSONAL E OF THE ESTATE OFREP] -4 &By: T~ frint Name:.L-uVeyT.Oy HI,P< Representative ix. CW^qa \ s.vPrintName: LESSEE: CAFE B ARISTA,INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar &Restaurant A li 7 H'Y kw ,/r Kilti K elly,PresidentPrintNtjfne:, Print Name:rf/l^rch B,s l,*u. y ACKNOWLEDGED AND AGREED TO: Print Name:1/&lori'a 37 < FASHION SHOPPE BOUTIQUE,INC.,a Florida corporationCiOiytbclj f n An Z p^gident /John MarquezTP i. 549 550 551 552 553 554 555 556 557 LEASE AMENDMENT THIS LEASE AMENDMENT ("Amendment")is entered into effective as of the 1"day of September 2017 ("Effective Date")between 500 OCEAN PROPERTIES, LLC,a Florida limited liability company ("Lessor"!,having an address of 511 East Ocean Avenue,Boynton Beach,Florida 33435,and CAF£BARISTA,INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar &Restaurant ("Lessee"!,whose address is 529 East Ocean Avenue,Boynton Beach,Florida 33435. RECITALS: WHEREAS,Harvey E.Oyer,Jr.,as lessor,and Lessee entered into that certain Business Lease ("Lease"!,dated October 2,2007,for ground floor retail space located at 527,529,and 531 East Ocean Avenue,Boynton Beach,Florida to be used exclusively as a restaurant ("Leased Premises"!:and WHEREAS,Harvey E.Oyer,Jr.died on December 18,2010 and Lessor became the owner and landlord of toe Leased Premises;and WHEREAS,Lessor and Lessee entered into that certain Lease Amendment dated effective January 1,201 1 which,among other changes,granted Lessee toe right to make specific alterations to toe Leased Premises,obtain an alcoholic beverage license,install signage,and extend toe term of toe Lease;and WHEREAS,Lessor and Lessee entered into that certain Lease Amendment dated July 201 1 which granted Lessee a license for use of a portion of toe sidewalk;and WHEREAS,Lessor and Lessee entered into that certain Lease Amendment dated September I,2014 which added 533 East Ocean Avenue,Office 4 to toe Leased Premises;and WHEREAS,Lessor and Lessee mutually desire to further amend the Lease in accordance with toe terms and conditions contained herein. NOW,THEREFORE,in consideration of toe above recitals,toe mutual promises and covenants contained herein,and other good and valuable consideration,toe receipt and sufficiency of which both parties hereto acknowledge,Lessor and Lessee hereby agree as follows: AnRF.lT.MF.NT; The above Recitals are true and correct and areRECITALS, incorporated herein by this reference. 1. 558 2.OTHER LEASE PROVISIONS.Unless specifically amended by this Amendment,all other terms and conditions of die Lease,as previously amended,remain unchanged and in full force and effect EXTENSION OF TERM AND RENT.Lessor and Lessee mutually desire to extend the term of the Lease for an additional five (S)years after the expiration of the existing term of die Lease on August 31,2017.Lessor and Lessee hereby agree that the Lease term is hereby extended an additional five (5)years and shall expire on August 31, 2022.For the first three (3)years of die extended term of die Lease,the Rent (defined below)shall remain the same as it is on the Effective Date hereof.For year four (4)of the extended term of die Lease,the Rent shall increase 5%.For year five (S)of the extended term of the Lease,the Rent shall increase an additional 5%.The Rent shall be $5,875 per month,which includes $4,500 of base rent for die restaurant,$1,000 for die Alcohol License,and $375 for the upstairs Office 4.Lessee shall pay die Rent,phis all applicable sales taxes,to Lessor each month,without demand,at Lessor's office.At Lessee's request,Lessor hereby authorizes and permits Lessee to divide die monthly Rent payments so that one-half of the monthly Rent shall be paid by Lessee to Lessor on the 1" day of each month during die extended term hereof and the remaining one-half of die Rent shall be paid by Lessee to Lessor on the 15*day of each month during die extended term hereof,hi addition to die Rent,Lessee shall pay to Lessor one-half of the property taxes and assessments for the building within thirty (30)days after Lessor provides Lessee with a copy of die annual property tax bill,usually early November of each year. In addition to the Rent,Lessee shall also pay to Lessor each month one-third of the garbage and recycling dumpster fees and taxes. 3. RIGHT OF FIRST REFUSAL.Prior to or upon the expiration of the extended term of die Lease provided for herein,Lessee shall have a right of first refusal to match the terms and conditions of any lease for die Leased Premises that Lessor obtains from a third parly potential lessee.After presentation by Lessor to Lessee of the terms and conditions of any third party potential lease,Lessee shall have ten (10)days in which notify Lessor of its intention to exercise die right of first refusal and match die same terms and conditions.Should Lessee foil to agree to match die same terms and conditions within said ten (10)period,Lessee's right of first refusal shall be waived and Lessor may proceed to lease the Leased Premises to the third party.Should Lessee exercise its right of first refusal within said ten (1 0)days,Lessor and Lessee shall enter into a new or amended lease agreement for die Leased Premises on such tarns and conditions contained in the right of first refusal notice. 4. [Signature page follows] 559 IN WITNESS WHEREOF,the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed,sealed and delivered LESSOR:in the presence ofi 500 Ocean Properties,LLC,a Florida limited liability company By:KwiTlfl.h) Print Name:n /~g>v 'R Its:Managing Member LL ^^r Print Name:U_TvC \\P \\-\(\\1C-1 ; LESSEE: CAFfe BARISTA,INC.,a Florida corporation,d/b/a Hurricane Alley Raw Bar &Restaurant KinVberlyB.Kelly,PresidentK„>-fa h VfPrintName: m PrintNa Q 560 KALA MARKETING GROUP OFFICE #1 561 OFFICE SPACE LEASE AGREEMENT THIS COMMERICAL LEASE AGREEMENT ("Leased is made effective as of the 1st day of September 2014,between 500 OCEAN PROPERTIES,LLC,a Florida limited liability company,whose mailing address is 511 East Ocean Avenue,Boynton Beach,Florida 33435 ("LANDLORD"!and KALA MARKETING GROUP ("TENANT'!. WITNESSETH: That LANDLORD,for and in consideration of the covenants,agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT,and TENANT does hereby lease from LANDLORD,Office 1 located at 533 East Ocean Avenue,Boynton Beach,Florida 33435 ("Property"!. The terms and conditions of this Lease are as follows: TERM.The term of this Lease shall be for one (1)year,commencing on September 1 ,201 4 and ending on August 3 1 ,201 5. 1. 2.RENT. TENANT agrees to pay to LANDLORD in lawful money of the United States the sum of Three Thousand and No/100 Dollars ($3,000.00)on or prior to the commencement date,which sum represents the first six (6)months of rent at the rate of Five Hundred and No/100 Dollars ($500.00)per month ("Rent").TENANT agrees to pay to LANDLORD in lawful money of the United States the sum of Three Thousand and No/100 Dollars ($3,000.00)on or prior to March 1,2015,which sum represents the second six (6)months of Rent at the rate of Five Hundred and No/100 Dollars ($500.00) per month.Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing.LANDLORD agrees that,in the event that LANDLORD and TENANT mutually agree to renew this Lease for an additional year, that the Rent shall not increase by more than five percent (5%)per annum. Upon the execution hereof,TENANT shall pay to LANDLORD: (i)the sum of Three Thousand and No/100 Dollars ($3,000.00)as prepaid rent for the first six (6)months of the Term;and (ii)the sum of Five Hundred and No/100 Dollars ($500.00)representing the Security Deposit (defined below). In addition to any other rights of LANDLORD hereunder,in the event TENANT shall fail to pay rent or other sums due hereunder on its due date, TENANT shall pay to LANDLORD a late fee in the amount of Thirty and No/100 Dollars ($30.00)for each calendar day that the Rent is late beyond the due date.The late fee is not a penalty,but liquidated damages to defray administrative and related expenses due to such late payment. (a) (b) (c) WPBDOCS 8540135 2 562 3.SECURITY DEPOSIT.TENANT hereby deposits with LANDLORD the sum of Five Hundred and No/100 Dollars ($500.00)as a security deposit (the "Security Deposit"),the receipt of which is hereby acknowledged,which sums shall be held by LANDLORD upon the following terms and conditions: (a)As security for the performance by TENANT of all of the terms, conditions and covenants of this Lease;and As security for the return by TENANT to LANDLORD of the Property in accordance with the terms of this Lease.The Security Deposit shall not be construed as,or applied,in payment of any rental herein reserved to be paid;and In the event of default of any kind by TENANT,then and in such event,LANDLORD shall be deemed authorized,at LANDLORD'S option,to retain the Security Deposit as liquidated,stipulated and agreed upon damages;provided,however, that in no event shall LANDLORD be deprived of any other remedy,whether at law or equity or reserved by the terms of this Lease,regardless of retention by LANDLORD of the Security Deposit;and (b) (c) Upon expiration of the Term of this Lease,and in the event that there has been no default of any kind whatsoever on the part of TENANT,the Security Deposit shall be returned to TENANT or LANDLORD shall give TENANT written notice of LANDLORD'S intention to impose a claim against the Security Deposit on account of loss or damage to the Property,reasonable wear and tear excepted.There shall be no interest paid on the Security Deposit and LANDLORD may commingle the Security Deposit with other of LANDLORD'S funds. (d) 4.INSURANCE: TENANT shall obtain general liability insurance covering the activities of TENANT and TENANT'S employees,agents,contractors,guests, customers,and invitees while on the Property in an amount of no less than ONE (a) MILLION AND NO/100 DOLLARS ($1,000,000.00)each occurrence.LANDLORD shall be listed as additional insured and a certificate of insurance shall be provided to LANDLORD within three (3)days after the commencement of this Lease.TENANT shall require its insurance company to provide at least thirty (30)days prior written notice to LANDLORD before canceling or altering the liability insurance policy. (b)TENANT shall obtain insurance covering TENANT'S personal property and inventory located at the Property.Under no circumstance shall LANDLORD be responsible or liable for TENANT'S personal property or inventory located at the Property. 5.OCCUPANCY AND USE OF THE PREMISES. TENANT shall occupy the Property for office purposes only. TENANT shall not change,alter or install locks without the prior written consent of (a) LANDLORD. WPBDOCS 8540135 2 563 (b)TENANT shall not allow any pets or animals on the Property without LANDLORD'S prior written consent (which shall be given or denied in LANDLORD'S sole and absolute discretion). (c)No smoking shall be permitted within the office,in the hallways,or common areas of the Property at anytime with no exceptions. (d)TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities,whether federal,state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent,any immoral,improper or unlawful practice or act in or upon the Property. TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property.TENANT shall not,in any manner,alter,damage or deface the Property. Provided that TENANT abides by all terms,obligations,and covenants of this Lease,TENANT shall enjoy quiet and peaceful possession of the Property during the Term. (e) 6.UTILITIES. During the Term,LANDLORD shall pay the cost of water and sewer service,electricity,garbage service,and quarterly pest control.During the Term, TENANT agrees to pay all utility charges for telephone,television/internet,and any other utilities or services used at the Property,including all installation and activation fees and any deposits required by such utility providers. Except in the instance of LANDLORD'S negligence, LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable,for any reason whatsoever,and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANT'S occupancy of the Property,nor shall Rent be abated during any such period of interruption or unavailability. (a) (b) MAINTENANCE AND REPAIRS:HURRICANE PROTECTION:7. SURRENDER OF PROPERTY. TENANT shall,at its sole expense,keep and maintain the Property in good,clean and sanitary condition and repair during the Term of this Lease.Except for repairs due to TENANT'S misuse,waste,or neglect or that of TENANT'S family members,agents or visitors,the LANDLORD will be responsible for the repair and replacement of the roof,air conditioning system,and appliances. TENANT shall not drain,nor permit the drainage of,grease into (a) (b) the toilets or sinks. WPBDOCS 8540135 2 564 (c)In the event of a hurricane watch or hurricane warning,TENANT shall use reasonable efforts to secure the Property against damage. (d)LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. (e)TENANT shall,at the end of the Lease term,surrender and deliver to LANDLORD the Property,without demand,"broom clean"and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. 8.NO ADDITIONS OR ALTERATIONS. TENANT shall not make any additions,changes or alterations in and upon the Property (including,without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD'S sole discretion.LANDLORD may remove or change,at TENANT'S cost and expense,any addition,change or alteration made by TENANT without LANDLORD'S consent,the charge for which shall be paid by TENANT upon demand.TENANT shall not permit or install nails,screws or adhesive hangers except standard picture hooks;and no nails,screws or hangers may be placed in walls,woodwork or any part of the Property. (a) (b)No personal property,appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD.LANDLORD'S interest in the Property shall not be subject to mechanics'or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANT'S request. (c)If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10)days thereafter,at TENANT'S expense,and TENANT shall indemnify LANDLORD for any loss,cost,or expense incurred by LANDLORD as a result of TENANT'S violation of this provision.The foregoing indemnification shall survive termination or expiration of this Lease. 9.DESTRUCTION BY CASUALTY.In the event the Property or any portion thereof may be rendered untenantable by reason of fire,explosion or any other casualty,LANDLORD,at LANDLORD'S option,may either repair the Property to make the same tenantable within sixty (60)days thereafter,or terminate this Lease.In such event,LANDLORD shall give TENANT ten (10)days'notice in writing of LANDLORD'S intention to repair or terminate this Lease.If LANDLORD elects to repair the damaged Property,LANDLORD shall proceed with due diligence and TENANT'S Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. 10.PROPERTY LOSS.DAMAGE AND INDEMNIFICATION (a)The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition WPBDOCS 8540135 2 565 and acceptable to TENANT.LANDLORD shall not be liable to TENANT,TENANT'S family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity.LANDLORD shall not be liable for any patent or latent defects in the Property. (b)LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property.TENANT hereby releases LANDLORD from any and all claims for loss,damage or injury of any nature whatsoever to person or property, including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes,or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. TENANT further agrees to hold LANDLORD harmless and to indemnify LANDLORD from and against any and all claims,liabilities,actions,causes of action,damages,costs and expenses whatsoever which may arise out of,result from or be attributable to TENANT'S use or occupancy of the Property,or any act or omission thereon (whether by TENANT,TENANT'S family members,agents,employees, licensees or invitees),which indemnification shall include attorneys'fees at trial and appellate levels.The foregoing indemnification shall survive termination or expiration of this Lease. (c) (d)LANDLORD'S insurance does not cover loss or damage to any of TENANT'S personal property or possessions.If TENANT desires insurance coverage for any of TENANT'S personal property or possessions,TENANT shall obtain and pay for any such insurance coverage. 11.ASSIGNMENT OR SUBLEASING.TENANT shall neither sublet the Property or any part thereof nor assign (voluntarily or by operation of law)this Lease or any interest therein,nor mortgage nor encumber the Property or this Lease. 12.RIGHT OF ENTRY.LANDLORD shall have the right by or through itself or its agents or employees,to enter the Property at all reasonable hours. LANDLORD'S entry into the Property shall be for the purpose examining it and to,in LANDLORD'S sole discretion,make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same.In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD'S intention to do so,for the purpose of showing the Property to prospective:(i)tenants;(ii)purchasers;or (iii) mortgagees. 13.DEFAULT. (a)If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder.If TENANT should become in default hereunder,LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a WPBDOCS 8S40I35 2 566 landlord against a tenant in default,including,without limitation,the right to:(i) terminate this Lease and sue for unpaid Rent;and/or (ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent; and/or (iii)take possession of the Property (and any and all of TENANTS personal property therein)and,at LANDLORD'S option,rent the Property for the account of TENANT.In the event that LANDLORD takes possession of the Property,it may remove TENANT'S personal property and store same at the expense of TENANT, without being liable for damages therefor.In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT,LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including,without limitation,the cost of brokerage,repair,alteration and all other sums)and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency.If at the time of any default by TENANT there remains any unrefunded balance of the Security, then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity.In the event TENANT shall fail to vacate the Property as and when required hereunder,TENANT shall be deemed a tenant at sufferance and,in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged,for each day during its occupancy, an amount equal to 250%of the rental amount which was due hereunder immediately prior to such holdover occupancy. If,by reason of a default hereunder,a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default,the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys'fees (including fees at trial and appellate levels)and costs and expenses. (b) 14.APPLIANCES AND AIR CONDITIONING.All fixtures and appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. SUBORDINATION.This Lease is subject and subordinate to all ground or underlying leases,encumbrances,mortgages and other matters which may now or hereafter affect or become a lien upon the Property (or any portion thereof)and to any renewals,modifications,amendments,replacements or extensions thereof.TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANT'S attorney-in-fact to execute any and all such instruments. 15. 16.CUMULATIVE REMEDIES:LAWS:NOTICES:INVALIDITY: WAIVER:SURRENDER:ENTIRE AGREEMENT:SUCCESSORS AND ASSIGNS. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD'S resort to any other remedy in WPBDOCS 8540135 2 567 this Lease.This Lease shall be construed in accordance with Florida law.All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease)at the property address.Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed; however,notices to LANDLORD shall be deemed received only upon actual receipt. Notices to TENANT may be effectuated by personally serving same on TENANT,any member of TENANT'S family or any agent of TENANT found at or upon the Property. If any part or provision of this Lease is deemed by a court of competent jurisdiction to be invalid or unenforceable,such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect.No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease,and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD.Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property.The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance.Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach.No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due,nor any endorsement or statement on a check,shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums,or to pursue any remedy provided in this Lease.This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings.All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto,and (to the extent permitted)their respective heirs,personal representatives,successors and assigns. 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 over time.Levels of radon that exceed federal and state requirements have been found in buildings in Florida.Additional information regarding radon and radon testing may be obtained from your county public health unit. 17. [SIGNATURES CONTAINED ON FOLLOWING PAGES] WPBDOCS 8540135 2 568 IN WITNESS WHEREOF,the parties hereto have executed this Lease on the date and year first above written. WITNESSES:LANDLORD: 500 Ocean Properties,LLC,a Florida limited liability company By:Christian Macoviak,its Managing Member TENANT:WITNESSES: Kala Marketing Group Its: WPBDOCS 8540135 2 569 1/24/2013.^1:11 AM PAGE 1/002 Fax Server *850-617-6381 4 U 3323;cIS nwrs nwrswrs a a c ?rtha O 2 arc o y 2 arc o y yigfcFrr^Si c 3 a a 9?partmpnt of &talpy y o I certify from the records of this office that KALA MARKETING GROUP,LLC, tg is a limited liability company organized under the laws of the State of Florida,filed on January 23,2013,effective January 23,2013, The document number of this company is L13000011929 . I further certify that said company has paid all fees due this office through December 31,2013,and its status is active. a 3 a m e x a ia 31S ft n :c 3 rs rs ye Q n Authentication Code:813A00001778-012413-L13000011929-1/1 3 n y X ass n y3rs au rs y £3rrs 3 35A S 3SS n rs ys 3 % n Given under my hand and the Great Seal of the State of Florida, at Tallahassee,the Capital,this the Twenty-fourth day of January,2013 3 mx m FSS sO SBMB 5® I\o ft mgagl3 3&en Betjner &emtarp of Ibtate 3 a 23 rs n rs rs rs rs rsrs ffifi A 570 » State of Delaware Secretary of State Division of Corporations Delivered 12:27 OS 01/23/2013 FILED 12:23 PM 01/23/2013 SRV 130079746 -3278327 FILE Certificate of Formation of Simple Group,LLC The name of this Delaware limited liability company is: Simple Group,LLC 1. 2.The name and address of the registered agent of the Company is: Corporate Creations Network Inc. 3411 Silverside Road Rodney Building #104 Wilmington DE 19810 3.The Company will be a manager-managed company. 4.The profits and losses of the Company shall be allocated to the members in proportion to their percentage interest in the Company,unless otherwise provided in the Company's limited liability company agreement.Unless otherwise provided in the Company's limited liability company agreement,there shall not be any distribution of profits unless each separate distribution is approved by the affirmative vote of members who own more than 50%of the voting interest in the Company.The voting members shall have complete discretion on when and if to approve any distribution of profits,unless otherwise provided in the Company's limited liability company agreement. No member shall have the right to assign the member's interest in the Company without the written agreement of all the members,unless otherwise provided in the Company's limited liability company agreement.Unless otherwise provided in the Company's limited liability company agreement,if all the members do not approve the assignment,the assignee shall have no right to become a member,to participate in the management of the Company or to exercise any other tights or powers of a member.The assignee shall merely be entitled to receive the share of profits and other distributions and the allocation of income,gain,loss deduction,credit or similar item to which the assignor was entitled,to the extent assigned. 5. The undersigned authorized person has executed this Certificate of Formation on January 23,2013. to A>"V AUTHORIZED PERSON: JESSICA MORALES,SPECIAL SECRETARY 571 ? 4 DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 m irs Date of this notice:01-24-2013 Employer Identification Number: 46-1853144 Form:SS-4 Number of this notice:CP 575 G KALA MARKETING GROUP LLC REINALDO SCHIAVINATO SOLE MBR 301 NE 51ST ST STE 1240 BOCA RATON,FL 33431 For assistance you may call us at: 1-800-829-4933 IF YOU WRITE,ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN).We assigned you EIN 46-1853144.This EIN will identify you,your business accounts,tax returns,and documents,even if you have no employees.Please keep this notice in your permanent records . When filing tax documents,payments,and related correspondence,it is very important that you use your EIN and complete name and address exactly as shown above.Any variation may cause a delay in processing,result in incorrect information in your account,or even cause you to be assigned more than one EIN.If the information is not correct as shown above,please make the correction using the attached tear off stub and return it to us. A limited liability company (LLC)may file Form 8832,Entity Classification Election, and elect to be classified as an association taxable as a corporation.If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status,it must timely file Form 2553,Election by a Small Business Corporation.The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications,including those referenced in this notice, visit our Web site at www.irs.gov.If you do not have access to the Internet,call 1-800-829-3676 (TTY/TDD 1-800-829-4059)or visit your local IRS office. IMPORTANT REMINDERS: *Keep a copy of this notice in your permanent records.This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you.You may give a copy of this document to anyone asking for proof of your EIN. *Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. *Refer to this EIN on your tax-related correspondence and documents. If you have questions about your EIN,you can call us at the phone number or write to us at the address shown at the top of this notice.If you write,please tear off the stub at the bottom of this notice and send it along with your letter.If you do not need to write us,do not complete and return the stub. Your name control associated with this EIN is KALA.You will need to provide this information,along with your EIN,if you file your returns electronically. Thank you for your cooperation. 572 "y n -.:••":'-?;*:r&.*^W%WWW:,WW--'l\5 W ''*F'!T} KALA MARKETING GROUP.LLC CHASE©':e^iaaero '301 YAMATO RD STE 1240 !•>.".:•}."."::*«SbSs£$W '- ^RArON^FL 33431 ry;; '"" '' oc •8/29/2014 :•-;v :.; -'.'**"** WjJOTHE 500 OCEAN PROPERTIES.UC 11^Thoigand Five Hundred and 00/100 500 OCEAN PROPERTIES,U.C ; 511 E Ocean Ave Boy/rtpn fteacHi F=L?3435 •':v - •••.••I. **3(500.00 ,<v. •% 5 I*-. v. \C\> osit &e&:c?S*eA«J .;•-??MEMO IflO 3 3 39 SO"" n'QO I 30 2<i*•:EE.70BI.13 HI * 573 Lease Extension Agreement August 30,2020 500 Ocean Properties,LLC (LANDLORD)and individually (collectively "TENANT")agree to extend lease on said premises know as 533 E Ocean Ave #5,Boynton Beach,FL 33435,original lease dated 1st day of September 2014. For good consideration 500 Ocean Properties,LLC and Kala Marketing Group and Reinaldo Schiavinato ("tenant")agree to extend the said lease for a period of one year,starting date of 1st day of September 2020 and terminating on the 30th day of August 2021.The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period,Kala Marketing Group and Reinaldo Schiavinato,("tenant") agrees to pay rent in the amount of $1000.00 (One Thousand)per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns,personal agents and managing members. ik Date g \?>\PJUnSravLandlord.LA 8/31/2020 Tenant Date Witness,Date. 574 Lease Extension Agreement August 12,2021 500 Ocean Properties,LLC (LANDLORD)and Kala Marketing Group and Reinaldo Schiavinato individually (collectively TENANT")agree to extend lease on said premises know as 533 E Ocean Ave #5,Boynton Beach,FL 33435,original lease dated 1st day of September 2014. For good consideration 500 Ocean Properties,LLC and Kala Marketing Group and Reinaldo Schiavinato ("tenant")agree to extend the said lease for a period of one year,starting date of 1st day of September 2021 and terminating on the 30th day of August 2022.The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period,Kala Marketing Group and Reinaldo Schiavinato,("tenant") agrees to pay rent in the amount of $1030.00 (Ono Thousand)per month. (_Ont-*TbcufidfKi"tV>irHj ar\d t^ioo) This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns,personal agents and managing members. VWot ft h>Date fel24l2ALandlord 8/22/21TenantDate Witness Date 575 FLORIDA TECHNICAL CONSULTANTS,LLC OFFICES #2  576 OFFICE SPACE LEASE AGREEMENT THIS COMMERICAL LEASE AGREEMENT ("Lease")is made effective as of the 1 5th day of October 201 7,between 500 OCEAN PROPERTIES,LLC,a Florida limited liability company,whose mailing address is 511 East Ocean Avenue,Boynton Beach, Florida 33435 ("LANDLORD")and Florida Technical Consultants,LLC,a Florida limited liability companv("TENANT").whose address shall be the address of the "Property" described below. WITNESSETH: That LANDLORD,for and in consideration of the covenants,agreements and conditions herein contained,on the part of TENANT to be kept and performed,does hereby lease to TENANT,and TENANT does hereby lease from LANDLORD,Office 2 located at 533 East Ocean Avenue,Boynton Beach,Florida 33435 ("Property"). The terms and conditions of this Lease are as follows: TERM.The term of this Lease shall be for one (1)year, commencing on October 15,2017 and ending on October 14,2018 1. 2.RENT. (a)TENANT agrees to pay to LANDLORD in lawful money of the United States each month during the Term of this Lease,the sum of Five Hundred Fifty and No/100 Dollars ($550.00)("Rent").Rent shall be paid at LANDLORD'S address stated above,or at such other place as LANDLORD may specify in writing. (b)Upon the execution hereof,TENANT shall pay to LANDLORD:(i) the sum of Five Hundred Fifty and No/100 Dollars ($550.00)as prepaid first month's rent; (ii)the sum of Five Hundred Fifty and No/100 Dollars ($550.00)as prepaid last month's rent;and (iii)the sum of Five Hundred Fifty and No/100 Dollars ($550.00)representing the Security Deposit (defined below).The total sum to LANDLORD is $1650.00. (c)In addition to any other rights of LANDLORD hereunder,in the event TENANT shall fail to pay rent or other sums due hereunder on its due date,TENANT shall pay to LANDLORD a late fee in the amount of Thirty and No/100 Dollars ($30.00) for each calendar day that the Rent is late beyond the due date.The late fee is not a penalty, but liquidated damages to defray administrative and related expenses due to such late payment. TENANT hereby deposits withSECURITYDEPOSIT. LANDLORD the sum of Five Fifty Hundred and No/100 Dollars ($550.00)as a security 3. deposit (the "Security Deposit"),the receipt of which is hereby acknowledged,which sums shall be held by LANDLORD upon the following terms and conditions: 577 As security for the performance by TENANT of all of the(a) terms,conditions and covenants of this Lease;and As security for the return by TENANT to LANDLORD of(b) the Property in accordance with the terms of this Lease.The Security Deposit shall not be construed as,or applied,in payment of any rental herein reserved to be paid;and In the event of default of any kind by TENANT,then and in such event,LANDLORD shall be deemed authorized,at LANDLORD'S option,to retain the Security Deposit as liquidated,stipulated and agreed upon damages;provided, however,that in no event shall LANDLORD be deprived of any other remedy,whether at law or equity or reserved by the terms of this Lease,regardless of retention by LANDLORD of the Security Deposit;and (c) Upon expiration of the Term of this Lease,and in the event that there has been no default of any kind whatsoever on the part of TENANT,the Security Deposit shall be returned to TENANT or LANDLORD shall give TENANT written notice of LANDLORD'S intention to impose a claim against the Security Deposit on account of loss or damage to the Property,reasonable wear and tear excepted.There shall be no interest paid on the Security Deposit and LANDLORD may commingle the Security Deposit with other of LANDLORD'S funds. (d) INSURANCE:4. TENANT shall obtain general liability insurance covering the activities of TENANT and TENANT'S employees,agents,contractors,guests,customers, (a) and invitees while on the Property in an amount of no less than ONE MILLION AND NO/lOO DOLLARS ($1,000,000.00)each occurance.LANDLORD shall be listed as additional insured and a certificate of insurance shall be provided to LANDLORD within three (3)days after the commencement of this Lease.TENANT shall require its insurance company to provide at least thirty (30)days prior written notice to LANDLORD before canceling or altering the liability insurance policy. TENANT shall obtain insurance covering TENANT'S personal property and inventory located at the Property.Under no circumstance shall LANDLORD be responsible or liable for TENANT'S personal property or inventory (b) located at the Property. OCCUPANCY AND USE OF THE PREMISES.5. TENANT shall occupy the Property for office purposes only. TENANT shall not change,alter or install locks without the prior written consent of (a) LANDLORD. TENANT shall not allow any pets or animals on the Property without LANDLORD'S prior written consent (which shall be given or denied in LANDLORD'S sole and absolute discretion). (b) 578 (c)No smoking shall be permitted within the office,in the hallways, or common areas at anytime with no exceptions. (d)TENANT shall abide by and comply with all reasonable rules and regulations now or hereafter promulgated by LANDLORD and all ordinances and laws of all governmental entities,whether federal,state or local,having jurisdiction in the matter. TENANT shall neither permit not commit,whether with or without knowledge or consent, any immoral,improper or unlawful practice or act in or upon the Property.TENANT agrees not to make,nor permit to be made,any disturbance,noise or annoyance of any kind which is detrimental to the Property.TENANT shall not,in any manner,alter,damage or deface the Property. Provided that TENANT abides by all terms,obligations,and covenants of this Lease,TENANT shall enjoy quiet and peaceful possession of the Property during the Term. (e) 6.UTILITIES. (a)During the Term,LANDLORD shall pay the cost of water and sewer service,garbage service,electricity,and quarterly pest control.During the Term, TENANT agrees to pay all utility charges for telephone,television/internet,and any other utilities or services used at the Property,including all installation and activation fees and any deposits required by such utility providers. (b)Except in the instance of LANDLORD'S negligence,LANDLORD shall not be liable to TENANT in the event any utility services are interrupted or become unavailable,for any reason whatsoever,and such interruption or unavailability shall not constitute actual or constructive eviction,nor be deemed an interference with TENANT'S occupancy of the Property,nor shall Rent be abated during any such period of interruption or unavailability. MAINTENANCE AND REPAIRS:HURRICANE PROTECTION: SURRENDER OF PROPERTY:AND INSURANCE. 7. (a)TENANT shall,at its sole expense,keep and maintain the Property in good,clean and sanitary condition and repair during the Term of this Lease.Except for repairs due to TENANT'S misuse,waste,or neglect or that of TENANT'S family members, agents or visitors,the LANDLORD will be responsible for the repair and replacement of the roof,air conditioning system,and appliances. (b)TENANT shall not drain,nor permit the drainage of,grease into the toilets or sinks. (c)In the event of a hurricane watch or hurricane warning,TENANT shall use reasonable efforts to secure the Property against damage. (d)LANDLORD shall engage a professional pest control contractor to provide calendar quarterly pest control service. 579 (e)TENANT shall,at the end of the Lease term,surrender and deliver to LANDLORD the Property,without demand,"broom clean"and in the same condition as it existed on the commencement date hereof,reasonable wear and tear excepted. NO ADDITIONS OR ALTERATIONS.8. TENANT shall not make any additions,changes or alterations in and upon the Property (including,without limitation,painting of portions of the Property) of any nature whatsoever without the prior written consent of LANDLORD,which consent may be given or withheld in LANDLORD'S sole discretion.LANDLORD may remove or change,at TENANT'S cost and expense,any addition,change or alteration made by (a) TENANT without LANDLORD'S consent,the charge for which shall be paid by TENANT upon demand.TENANT shall not permit or install nails,screws or adhesive hangers except standard picture hooks;and no nails,screws or hangers may be placed in walls, woodwork or any part of the Property. (b)No personal property,appliances or fixtures shall be removed by TENANT without the prior written consent of LANDLORD.LANDLORD'S interest in the Property shall not be subject to mechanics'or other liens for improvements made by TENANT nor for services,labor or materials performed at TENANT'S request. (c)If any lien is filed against the Property for improvements or work claimed to have been done or for materials claimed to have been furnished to TENANT, the lien shall be discharged by TENANT within ten (10)days thereafter,at TENANT'S expense,and TENANT shall indemnify LANDLORD for any loss,cost,or expense incurred by LANDLORD as a result of TENANT'S violation of this provision.The foregoing indemnification shall survive termination or expiration of this Lease. DESTRUCTION BY CASUALTY.In the event the Property or any9. portion thereof may be rendered untenantable by reason of fire,explosion or any other casualty,LANDLORD,at LANDLORD'S option,may either repair the Property to make the same tenantable within sixty (60)days thereafter,or terminate this Lease.In such event,LANDLORD shall give TENANT ten (10)days'notice in writing of LANDLORD'S intention to repair or terminate this Lease.If LANDLORD elects to repair the damaged Property,LANDLORD shall proceed with due diligence and TENANT'S Rent for that period of time during which the Property is or remains untenantable shall be abated or apportioned. PROPERTY LOSS.DAMAGE AND INDEMNIFICATION.10. The taking of possession of the Property by TENANT shall be conclusive evidence that the Property is in all respects in good and satisfactory condition (a) and acceptable to TENANT.LANDLORD shall not be liable to TENANT,TENANT'S family members,agents,licensees or invitees,for damage to persons or property caused by any individual or entity.LANDLORD shall not be liable for any patent or latent defects in the Property. 580 LANDLORD shall not be liable for the presence of bugs,vermin or insects in the Property.TENANT hereby releases LANDLORD from any and all claims for loss,damage or injury of any nature whatsoever to person or property,including (without limitation)damage caused by theft,vandalism,water,smoke,fire or other causes, or resulting in any way from or in any fashion arising from or connected with the occupancy or use of the Property. (b) TENANT further agrees to hold LANDLORD harmless and to(c) indemnify LANDLORD from and against any and all claims,liabilities,actions,causes of action,damages,costs and expenses whatsoever which may arise out of,result from or be attributable to TENANTs use or occupancy of the Property,or any act or omission thereon (whether by TENANT,TENANT'S family members,agents,employees,licensees or invitees),which indemnification shall include attorneys'fees at trial and appellate levels. The foregoing indemnification shall survive termination or expiration of this Lease. (d)LANDLORD'S insurance does not cover loss or damage to any of TENANT'S personal property or possessions.If TENANT desires insurance coverage for any of TENANT'S personal property or possessions,TENANT shall obtain and pay for any such insurance coverage. ASSIGNMENT OR SUBLEASING.TENANT shall neither sublet11. the Property or any part thereof nor assign (voluntarily or by operation of law)this Lease or any interest therein,nor mortgage nor encumber the Property or this Lease. RIGHT OF ENTRY.LANDLORD shall have the right by or12. through itself or its agents or employees,to enter the Property at all reasonable hours. LANDLORD'S entry into the Property shall be for the purpose examining it and to,in LANDLORD'S sole discretion,make such repairs and alterations as LANDLORD may deem necessary to insure the orderly and proper maintenance of same.In addition, LANDLORD specifically reserves the right to enter upon the Property at reasonable times after first having informed TENANT of LANDLORD'S intention to do so,for the purpose of showing the Property to prospective:(i)tenants;(ii)purchasers;or (iii)mortgagees. 13.DEFAULT. If TENANT shall fail to pay any installment of Rent or other sums on the due date or if TENANT should fail to keep and perform each and every one of the terms and conditions of this Lease,then and in any of such events,TENANT will be in default hereunder.If TENANT should become in default hereunder,LANDLORD will have any and all of the rights and remedies which the law of Florida confers upon a landlord against a tenant in default,including,without limitation,the right to:(i)terminate this Lease and sue for unpaid Rent;and/or (ii)accelerate the entire unpaid balance of the Rent for the Term of this Lease and sue for the collection of such Rent;and/or (iii)take possession of the Property (and any and all of TENANT'S personal property therein)and, at LANDLORD'S option,rent the Property for the account of TENANT.In the event that LANDLORD takes possession of the Property,it may remove TENANT'S personal property and store same at the expense of TENANT,without being liable for damages (a) 581 therefor.In the event that LANDLORD takes possession of the Property and relets same for the account of TENANT,LANDLORD shall receive the Rent and other proceeds thereof and apply same first to payment of expenses which LANDLORD may have incurred in connection with taking possession and reletting (including,without limitation, the cost of brokerage,repair,alteration and all other sums)and apply any remaining Rent or proceedings to payment of Rent and other sums due hereunder and TENANT shall remain liable for any deficiency.If at the time of any default by TENANT there remains any unrefunded balance of the Security,then LANDLORD may retain the Security without the fact of such retention of the Security altering or limiting the right to immediate possession of the Property by LANDLORD or any other rights of LANDLORD in law or in equity.In the event TENANT shall fail to vacate the Property as and when required hereunder,TENANT shall be deemed a tenant at sufferance and,in addition to any other rights and remedies accorded to LANDLORD,TENANT shall be charged,for each day during its occupancy,an amount equal to 250%of the rental amount which was due hereunder immediately prior to such holdover occupancy. If,by reason of a default hereunder,a party employs an attorney to enforce or otherwise protect its rights hereunder and such party prevails in litigation resulting from the default,the non-prevailing party will owe and will pay the prevailing party's reasonable attorneys'fees (including fees at trial and appellate levels) and costs and expenses. (b) APPLIANCES AND AIR CONDITIONING.All fixtures and14. appliances at the Property are supplied by LANDLORD for the Term of this Lease and are owned by LANDLORD. SUBORDINATION.This Lease is subject and subordinate to all ground or underlying leases,encumbrances,mortgages and other matters which may now or hereafter affect or become a lien upon the Property (or any portion thereof)and to any renewals,modifications,amendments,replacements or extensions thereof.TENANT shall execute any and all instruments as LANDLORD may request in order to effectuate or confirm the foregoing subordination and TENANT hereby irrevocably appoints LANDLORD as TENANTS attorney-in-fact to execute any and all such instruments. 15. CUMULATIVE REMEDIES:LAWS:NOTICES:INVALIDITY: WAIVER:SURRENDER:ENTIRE AGREEMENT:SUCCESSORS AND ASSIGNS. 16. All rights and remedies herein created for the benefit of LANDLORD are cumulative and resort to any one remedy shall not be construed to be an election of remedies on the part of LANDLORD or to exclude or prevent LANDLORD'S resort to any other remedy in this Lease.This Lease shall be construed in accordance with Florida law.All notices shall be hand-delivered or mailed by certified mail,return receipt requested,to LANDLORD at the address for payment of Rent and to TENANT (after the date of commencement of the Term of this Lease)at the property address.Notices to TENANT mailed in accordance with the terms hereof shall be deemed given when mailed;however,notices to LANDLORD shall be deemed received only upon actual receipt.Notices to TENANT may be effectuated by personally serving same on TENANT,any member of TENANTS family or any agent of TENANT found at or upon the Property.If any part or provision of this Lease is deemed 582 by a court of competent jurisdiction to be invalid or unenforceable,such invalidity or unenforceability shall not affect the remaining provisions,all of which shall remain in full force and effect.No act or thing done by LANDLORD shall be deemed an acceptance of a surrender of the Property or this Lease,and no agreement to accept the Property and surrender the Lease shall be valid unless in writing signed by LANDLORD.Delivery of keys to LANDLORD or its agent shall not operate as a termination of this Lease or a surrender of the Property.The failure of LANDLORD to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of any subsequent act or failure of performance.Receipt of Rent by LANDLORD with knowledge of breach of any provision of this Lease shall not be deemed a waiver of such breach.No provision of this Lease shall be deemed to have been waived by LANDLORD unless such waiver shall be in writing signed by LANDLORD and no payment of Rent of a lesser amount than that due,nor any endorsement or statement on a check,shall be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to its right to recover any unpaid rent or other sums,or to pursue any remedy provided in this Lease.This Lease contains the entire agreement between the parties with respect to the subject matter and supersedes any prior or oral agreements or understandings.All promises,covenants and agreements set forth in this Lease shall be binding upon and inure to the benefit of the parties hereto,and (to the extent permitted)their respective heirs, personal representatives,successors and assigns. 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 over time.Levels of radon that exceed federal and state requirements have been found in buildings in Florida.Additional information regarding radon and radon testing may be obtained from your county public health unit. 17. [SIGNATURES CONTAINED ON FOLLOWING PAGES] 583 IN WITNESS WHEREOF,the parties hereto have executed this Lease on the date and year first above written. LANDLORD:WITNESSES: 500 Ocean Properties,LLC Min-Armj.aV~~>k By:Christian Macoviak,its Managing Member TENANT: C tP By:Ja^nea Barton,Its President 2# n,Individually as Personal all of the terms and conditions James B Guarantor of this Lease 3" iw ^^ Bwil g ,Com, /^)<?€Ccrr*Ca$+. , 3oS"-?3 584 >-••v »Q^"mwm«>?-{/-?-WmhJL-»= 1186 FLORIDA TECHNICAL CONSULTANTS LLC 10327 TRIVERO TER BOYNTON BEACH.FL 33437-3775 63-751/631 10546 3162297885 arts 2d ft $/('oSO DATE 5oo ocm ouc vmys<$>5&H PAY TO THE ORDER OF_i DOLLARS 0 §3£ Wells Fargo Bank,NAWELLS FARGO Florr«M welhFargotam Las{.&CQ<rJyisr1FORQf.$\~(NP 7 1 Jii'OOOOOD 1 iS&n'i:D63107 513»:3 IE.E SR7B8 5ii" g5>rftljE±r±^C3'_>;^;g3»Lj_3i/iL!ijipi£i^a?3wgier^y>i * James Barton P.E. Presidenl 401 W.Allanlic Ave.,Suite 09 Delray Beach,FL 33444 Phone 954-914-8488 jhanoti@fltechine.com www.fltechinc.com C1VI1.ENGINEERING -CHS -INTEGRATION -TRAINING aOMX TtCHMCK.C0XSU.TMT5 @esri Rwtwrf Nfftwofk ArcO IS Online Ktomt 585 Lease Extension Agreement September 28,2020 500 Ocean Properties,LLC,a Florida limited liability company whose mailing address is 511 E Ocean Avenue,Boynton Beach,FL 33435 ("LANDLORD")and Florida Technical Consultants,LLC, a Florida limited liability company ("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave #2 and #3,Boynton Beach,FL 33435,original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties,LLC and Florida Technical Consultants,LLC ( "tenant")agree to extend the said lease for a period of one year,starting date of 15th day of October 2020 and terminating on the 14th day of October 2021.The parties agree that no further right of renewal or extension shall exist beyond the termination date indicated above unless both parties agree to another lease extension agreement. During the lease extension period,Florida Technical Consultants,LLC,("tenant")agrees to pay rent in the amount of $1300.00 (One thousand four seventy five)per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns,personal agents and managing members. •^rut- Landlord Date iptQ'20 sePr so 2ozoTenantDate Witness Date 586 Lease Extension Agreement September 21,2021 500 Ocean Properties,LLC,a Florida limited liability company whose mailing address is 511 E Ocean Avenue,Boynton Beach,FL 33435 ("LANDLORD")and Florida Technical Consultants,LLC, a Florida limited liability company ("TENANT")agree to extend lease on said premises know as 533 E Ocean Ave #2 and #3,Boynton Beach,FL 33435,original lease dated 15th day of October 2017. For good consideration 500 Ocean Properties,LLC and Florida Technical Consultants,LLC ( "tenant")agree to extend the said lease for a period of one year,starting date of 15th day of October 2021 and terminating on the 14th in their sole and absolute discretion,to ter days written Notice to the other Party. /of October 2022.The Parties reserve the right, /ate this lease for any reason upon providing 90 xjJ Initial (Tenant)/U /—Initial(Landlord) r— During the lease extension period,Florida Technical Consultants,LLC,("tenant")agrees to pay rent in the amount of $1340.00 (One thousand three hundred forty)per month. This agreement shall be binding upon and shall insure the benefit of the parties,their successors,assigns,personal agents and managing members. fib.rfarff.tji.Urt/OfiiAh ID 1 i 12-1LandlordDate CCT I iTenantDate ;o|i J»iQv—Witness L Date 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 1 Utterback, Theresa From:Kim Kelly <harleycabo@gmail.com> Sent:Tuesday, December 12, 2023 11:47 AM To:Utterback, Theresa Subject:extension of lease This Message Is From an External Sender This message came from outside your organization. Please except on this day of December 12, 2023 a request to extend my current lease for the property 527, 529 and 531 East Ocean Ave, Boynton Beach, Florida 33435 and the office upstairs, known as 531 #4, between Boynton Beach Community Redevelopment Agency (Lessor) and Cafe Barista , Inc (Lessee) dba Hurricane Alley Raw Bar and Restaurant for one year to include Feb 29th, 2024 to feb 28th 2025, r the same rent and conditions applied in current lease.. Due to the current lawsuit and delay our redevelopment which affects the future of our company, we request a longer extension for security that we remain at our current location Please provide written confirmation and an updated lease as requested. Kim Kelly Owner/CEO Cafe Barista, Inc. Hurricane Alley Raw Bar and Restaurant Office Phone 561 364 4083 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 2 605 1 Utterback, Theresa From:Lance Aker <laker@kappmorrison.com> Sent:Friday, December 15, 2023 8:35 AM To:Utterback, Theresa Cc:Tack, Timothy; Kenneth Dodge (kdodge@llw-law.com); Kathryn Rossmell; Hill, Vicki Subject:Re: extension of lease - Hurricane Alley Follow Up Flag:Follow up Flag Status:Flagged Categories:Has been put into Legal File, Green Category This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Theresa, this is approved. Thank you. Lance M. Aker Partner Kapp Morrison LLP On Dec 14, 2023, at 10:52 PM, Lance Aker <laker@kappmorrison.com> wrote: Thanks, Theresa. I will confirm this works for my client and will get back to you ASAP. <image001.png> Lance M. Aker - v-card Lance M. Aker Partner direct: 561.766.0007 main: 561.766.0011 7900 Glades Road, Suite 550 Boca Raton, FL 33434 www.kappmorrison.com Florida │ New York From: Utterback, Theresa <UtterbackT@bbfl.us> Sent: Thursday, December 14, 2023 5:20 PM To: Lance Aker <laker@kappmorrison.com> Cc: Tack, Timothy <TackT@bbfl.us>; Kenneth Dodge (kdodge@llw-law.com) <kdodge@llw-law.com>; Kathryn Rossmell <krossmell@llw-law.com>; Hill, Vicki <HillV@bbfl.us> Subject: FW: extension of lease - Hurricane Alley 606 2 EXTERNAL EMAIL. Good Afternoon Mr. Aker, Please see Hurricane Alley’s request for an extension to the lease. I have attached the extension for your review and approval. Please let us know if you have any questions. Sincerely, Theresa Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 <image002.png> 561-600-9094 | <image003.png> 561-737-3258 <image004.png> UtterbackT@bbfl.us | <image005.png> https://www.boyntonbeachcra.com <image006.png> <image007.png> <image008.png> To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Kim Kelly <harleycabo@gmail.com> Sent: Tuesday, December 12, 2023 11:47 AM To: Utterback, Theresa <UtterbackT@bbfl.us> Subject: extension of lease Please except on this day of December 12, 2023 a request to extend my current lease for the property 527, 529 and 531 East Ocean Ave, Boynton Beach, Florida 33435 and the office upstairs, known as 531 #4, between Boynton Beach Community Redevelopment ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd Please except on this day of December 12, 2023 a request to extend my current lease for the property 527, 529 and 531 East Ocean Ave, Boynton Beach, Florida 33435 and the office upstairs, known as 531 #4, between Boynton Beach Community 607 3 Redevelopment Agency (Lessor) and Cafe Barista , Inc (Lessee) dba Hurricane Alley Raw Bar and Restaurant for one year to include Feb 29th, 2024 to feb 28th 2025, r the same rent and conditions applied in current lease.. Due to the current lawsuit and delay our redevelopment which affects the future of our company, we request a longer extension for security that we remain at our current location Please provide written confirmation and an updated lease as requested. Kim Kelly Owner/CEO Cafe Barista, Inc. Hurricane Alley Raw Bar and Restaurant Office Phone 561 364 4083 <image009.jpg> 2 Disclaimer Pursuant to Internal Revenue Service Circular 230, we are required to advise you that if there is any tax advice contained herein, it is not intended to be used, and cannot be used, by the addressee or any taxpayer, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code. Privileged and Confidential: Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this message is privileged and/or confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby n otified that any dissemination, distribution or copying of this communication or any of the information in it is strictly prohibited. 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To find out more Click Here. 608 01792421-3 Page 1 of 3 LEASE AMENDMENT THIS LEASE AMENDMENT ("Amendment") is entered into this ___ day of __________________, 2024, ("Effective Date") between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("LESSOR"), having an address of 100 E Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, and CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant ("LESSEE"), whose address is 529 East Ocean Avenue, Boynton Beach, Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr. and LESSEE entered into that certain Business Lease ("Lease"), dated October 2, 2007, for ground floor retail space located at 527, 529, and 531 East Ocean Avenue, Boynton Beach, Florida to be used exclusively as a restaurant ("Leased Premises"); and WHEREAS, Harvey E. Oyer, Jr. died on December 18, 2010 and 500 Ocean Properties became the owner and landlord of the Leased Premises; and WHEREAS, the Lease was amended by a Lease Amendment dated January 1, 2011, which, among other changes, granted LESSEE the right to make specific alterations to the Leased Premises, obtain an alcoholic beverage license, install signage, and extend the term of the Lease; and WHEREAS, by Lease Amendment dated July 2011, LESSEE was granted a license for use of a portion of the sidewalk; and WHEREAS, by Lease Amendment dated September 1, 2014, 533 East Ocean Avenue, Office 4 was added to the Leased Premises; and WHEREAS, the Lease was amended on September 1, 2017, to extend the term of the Lease to August 31, 2022; and WHEREAS, LESSOR acquired the Leased Premises on or around December 16, 2021; WHEREAS, the Lease was amended on August 31, 2022, to extend the term of the Lease to August 31, 2023; and WHEREAS, the Lease was amended on June 15, 2023, to extend the term of the Lease to February 29, 2024; and WHEREAS, LESSOR and LESSEE mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, LESSOR and LESSEE hereby agree as follows: 609 01792421-3 Page 2 of 3 AGREEMENT: 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all other terms and conditions of the Lease, as previously amended, remain unchanged and in ful l force and effect. 3. EXTENSION OF TERM. LESSOR and LESSEE hereby agree that the Lease term is hereby extended for one (1) year and shall expire on March 1, 2025. LESSEE shall have the right to request further extensions upon providing not less than sixty (60) days written notice to LESSOR. The extension may be approved or denied at the discretion of the Boynton Beach Community Redevelopment Agency Board. 4. RENT. Gross monthly rent payments shall be Seven Thousand Two Hundred Ninety -Seven and 71/100 Dollars ($7,297.71) inclusive of sales tax and trash pick-up. LESSOR shall be responsible for real property taxes. 5. RIGHT OF TERMINATION. Either party reserves the right, upon the showing of just cause and providing sixty (60) days written notice to the other, to terminate this Lease and any amendment and extension thereof. LESSEE understands and agrees that LESSOR’s sale or development of the Leased Premises is just cause for the purposes of this right of termination. Notwithstanding the foregoing, upon the sale of the Leased Premises, the new owner(s) of the Leased Premises may terminate this Lease and any extension hereof for any reason upon 30 days’ notice. IN WITNESS WHEREOF, the LESSOR and LESSEE have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence of: LESSOR: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ______________________________________ By:______________________________________ Print Name: ____________________________ Ty Penserga, Chair ______________________________________ Print Name: ____________________________ 610 01792421-3 Page 3 of 3 LESSEE: CAFÉ BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant ______________________________________ By:______________________________________ Print Name: ____________________________ Kimberly B. Kelly, President ______________________________________ Print Name: ____________________________ 611 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 OLD BUSINESS AGENDA ITEM 13.E SUBJECT: Status Update on Development Project with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue - TABLED 11/13/2023 SUMMARY: At the June 13, 2023 meeting, the CRA Board approved the First Amendment to the Purchase and Development Agreement between the CRA and 306 NE 6th Avenue, LLC for a six month extension from May 9, 2023 to November 6, 2023, to submit a Major Site Plan application to the City for a container restaurant on a CRA-owned parcel located at 211 E. Ocean Avenue (see Attachments I - II). At the July 11, 2023 meeting, the CRA Board requested a project update at their next available meeting (see Attachment III). An email was sent to Mr. Barber on July 12, 2023, requesting the status on the following (see Attachment IV): 1. Major site plan approval application submission dates and any meetings subsequent to 2. Development costs update (if different than previous) 3. Finance update (if different than previous) 4. Development timeline update On August 8, 2023, CRA staff provided an update to the Board that the development team for 306 NE 6th Avenue, LLC would need to submit a Major Site Plan application to Planning & Zoning by November 6, 2023 (see Attachment V). On October 12, 2023, CRA staff provided a reminder to 306 NE 6th Avenue, LLC of the November 6, 2023 deadline, which was confirmed via email by Mr. Barber (see Attachment VI). A follow-up email and phone call was made on October 16th, providing Mr. Barber additional clarification on the November 6th agenda deadlines and again on October 30, 2023 (see Attachment VII). On October 17, 2023, CRA staff sent an email to the City requesting an update on any meeting requests or site plan applications made by 306 NE 6th Avenue, LLC and City staff responded back that there were no updates or site applications submitted (see Attachment VIII). One final confirmation was provided by City staff on November 6, 2023 that no site applications had been made (see Attachment IX). 612 At the November 13, 2023 meeting, the CRA Board discussed the project status with the representative for 306 NE 6th Avenue, LLC regarding the financing of the project, development timeline and historical designation. At the end of the discussion, the Board made a motion to table the item until the January 2024 Board meeting (see Attachment X). Following the November 13th meeting, staff reached out to 306 NE 6th Avenue requesting an update on the proof of financing. Emails were sent on November 14th, December 7th, December 12th, December 19th, December 29th and January 3rd (see Attachment XI). As of January 11, 2024, the proof of financing has not been provided and CRA legal has provided a draft Letter of Default for the Board's consideration (see Attachment XII). Background: At the March 9, 2022 meeting, the CRA Board approved a Purchase and Development Agreement (Agreement) between the CRA and 306 NE 6th Avenue, LLC for the CRA-owned property located at 211 E. Ocean Avenue. The Agreement outlined the terms and conditions for the redevelopment of the site into a 3,000 square feet full-service restaurant consisting of five shipping containers for the adaptive reuse of the historic Magnuson House. The Agreement was executed on September 18, 2022, after final legal review by both parties (see Attachment XIII). Pursuant to Section 21.a, the developer is required to submit their site plan application to the City's Planning and Development Department by January 17, 2023 (120 days from effective date). CRA staff sent several courtesy reminders to representatives of 306 NE 6th Avenue, LLC regarding the site plan application submittal deadline to Planning and Zoning and the option to submit an extension request if needed (see Attachment XIV). On January 17, 2023, a representative of 306 NE 6th Avenue LLC submitted a permit application to the City's Building Department at 5:49 PM and at 5:55 PM, the permit application was rejected by the City due to an incomplete application (see Attachment XV). As a result, 306 NE 6th Avenue LLC was in default of the Agreement. The development team for 306 NE 6th Avenue, LLC had a pre-application site plan meeting with City and CRA staff on February 1, 2023. At the February 13, 2023 meeting, the Board moved to table the request for an extension to the May 9, 2023 Board meeting, which passed unanimously (see Attachment XVI). On March 15, 2023, CRA staff met with the managing members of 306 NE 6th Avenue LLC to review the site plan application process. The City's Planning & Zoning staff was able to provide further clarification on the site plan application process on March 28th which was forwarded to the development team. CRA staff received an email from Mr. Barber from 306 NE 6th Avenue LLC on April 25, 2023, requesting additional time to work with City staff on the site plan application process. This request was placed on the May 9, 2023 meeting, for the Board's consideration (see Attachment XVII). At the May 9, 2023 meeting, the CRA Board made a motion to extend the deadline to submit a site plan application six months from the May 9th meeting date. Therefore, 306 NE 6th Avenue LLC has until November 6, 2023, to submit the site plan application and as a result all other 613 •Attachment I - Location Map •Attachment II - Fully Executed First Amendment dated July 13, 2023 •Attachment III - July 11, 2023 CRA Board Meeting Minutes •Attachment IV - July 12, 2023 Email to Anthony Barber Requesting Information for August Board Meeting Update •Attachment V - August 8, 2023 CRA Board Meeting Minutes •Attachment VI - October 12, 2023 Email •Attachment VII - October 16 & October 30 Email •Attachment VIII - October 17 & October 18 Email with City Staff •Attachment IX - November 6, 2023 City Staff Email •Attachment X - November 13, 2023 CRA Board Meeting Minutes •Attachment XI - Email Notices •Attachment XII - Draft Notice of Default •Attachment XIII - Fully Executed Purchase and Development Agreement •Attachment XIV - September 2022 - January 2023 Site Plan Application Reminders •Attachment XV - Building Permit Application Information •Attachment XVI - February 13, 2023 CRA Board Meeting Minutes •Attachment XVII - April 25, 2023 Request for Additional time •Attachment XVIII - May 9, 2023 CRA Board Meeting Minutes Approving 6 Month Extension •Attachment XIX - May 12, 2023 Email from City Staff deadlines outlined in the development agreement would automatically be adjusted by the six month extension (see Attachment XVIII). Following the May 9th meeting, City staff sent an email to Mr. Barber clarifying the required process for the project (see Attachment XIX). CRA PLAN/PROJECT/PROGRAM: 2016 CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. The Board may direct legal counsel to issue a notice of default to the Purchaser. 2. The Board may direct staff and legal to draft an amendment granting an extension of the deadlines in the Development Timeline. 3. The Board may take any other legal action as determined by Board discussion. ATTACHMENTS: Description 614 12/21/22, 12:16 PM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528030040130 1/2 View Property Record Owners BOYNTON BEACH CRA Property Detail Location 211 E OCEAN AVE Municipality BOYNTON BEACH Parcel No.08434528030040130 Subdivision BOYNTON TOWN OF Book 30053 Page 1135 Sale Date AUG-2018 Mailing Address 100 E OCEAN AVE FLOOR 4 BOYNTON BEACH FL 33435 4515 Use Type 2100 - RESTAURANT Total Square Feet 1736 Sales Information Sales Date Price AUG-2018 255000 SEP-2016 255000 FEB-2007 850000 APR-1995 75000 NOV-1994 100 1 2 Appraisals Tax Year 2022 Improvement Value $64,555 Land Value $343,475 Total Market Value $408,030 All values are as of January 1st each year Assessed/Taxable values Tax Year 2022 Assessed Value $256,807 Exemption Amount $256,807 Taxable Value $0 Taxes Tax Year 2022 Ad Valorem $0 Non Ad Valorem $184 Total tax $184 Search by Owner, Address or Parcel 615 12/21/22, 12:16 PM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528030040130 2/2616 617 618 619 620 1 Curfman, Vicki From:Nicklien, Bonnie Sent:Thursday, July 13, 2023 10:37 AM To:Shutt, Thuy; Anthony Barber Cc:r@subculturegroup.com; Tack, Timothy; Curfman, Vicki Subject:RE: Signature Request - 211 E. Ocean Avenue First Amendment Hi Anthony, We received the executed document for the First Amendment. I have saved it to your file. Please keep in mind we will need the information below no later than July 25th in order to make the agenda packet for the August 8th meeting. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Wednesday, July 12, 2023 4:41 PM To: Anthony Barber <atbarber@troysbbque.com> 621 2 Cc: r@subculturegroup.com; Nicklien, Bonnie <NicklienB@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: Signature Request ‐ 211 E. Ocean Avenue First Amendment Importance: High Good afternoon Anthony, Last night at the CRA Board meeting, the CRA Board requested an update or report on the project’s progress from your team to be submitted for their review at the August 8, 2023 CRA Board meeting. You do not need to be at the meeting and it can be a written report that references the milestones in the Purchase and Development Agreement, specifically: 1. Major site plan approval application submission dates and any meetings subsequent to 2. Development costs update (if different than previous) 3. Finance update (if different than previous) 4. Development timeline update Please note that we still need for you to execute the First Amendment to the Purchase and Development Agreement. I have attached both in this email for your convenience. Thank you. Thuy Shutt, AIA, FRA‐RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9098 ShuttT@bbfl.us | https://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Monday, July 10, 2023 8:35 AM To: Anthony Barber <atbarber@troysbbque.com> Cc: Shutt, Thuy <ShuttT@bbfl.us> Subject: RE: Signature Request ‐ 211 E. Ocean Avenue First Amendment Hi Anthony, 622 3 Touching base on our signed agreement. Please let us know the latest on getting your signature. Thank you! Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Anthony Barber <atbarber@troysbbque.com> Sent: Wednesday, July 05, 2023 2:42 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: Signature Request ‐ 211 E. Ocean Avenue First Amendment Will do Thank you On Jun 30, 2023, at 9:25 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Morning Anthony, Just following up ‐ Can you please sign and return the agreement today? Thank you! 623 4 Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 <image593626.png> 561‐600‐9090 | <image431930.png> 561‐737‐3258 <image576549.png> NicklienB@bbfl.us | <image551531.png> https://www.boyntonbeachcra.com <image888626.png> <image652209.png> <image376110.png> America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. ‐‐‐‐‐Original Message‐‐‐‐‐ From: Nicklien, Bonnie Sent: Tuesday, June 27, 2023 1:10 PM To: Anthony Barber <atbarber@troysbbque.com> Cc: Shutt, Thuy <shuttt@bbfl.us> Subject: RE: Signature Request ‐ 211 E. Ocean Avenue First Amendment That's fine. Just sign and strikeout Rodney's name and print your name in its place. Thank you, Bonnie ‐‐‐‐‐Original Message‐‐‐‐‐ From: Anthony Barber <atbarber@troysbbque.com> Sent: Tuesday, June 27, 2023 1:07 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: Signature Request ‐ 211 E. Ocean Avenue First Amendment Bonnie, Hello I think this needs to have me listed and not Rodney as I have controlling interest. Please advise. Thank you 624 5 Anthony Barber > On Jun 26, 2023, at 10:38 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: > > <23_0602 First Amendment to the P&D_Final_CRA Board ‐ Signed by CRA.pdf> 625 626 627 1 Nicklien, Bonnie From:Anthony Barber <atbarber@troysbbque.com> Sent:Thursday, October 12, 2023 8:31 PM To:Nicklien, Bonnie Subject:Re: 211 E. Ocean Avenue Project Update Will do! Thank you On Oct 12, 2023, at 11:10 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Good Morning Anthony, I hope this email finds you well! Friendly reminder, the site plan application deadline for 211 E. Ocean Avenue is due November 6, 2023. Please keep us posted on your submission. Also, as of October 11, 2023 – please direct all emails and project updates to our Assistant Director, Tim Tack cc’d on this email and also available on the phone at 561‐600‐9091. Please reach out with any questions. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 <image619635.png> 561‐600‐9090 | <image313868.png> 561‐737‐3258 <image477818.png> NicklienB@bbfl.us | <image243475.png> https://www.boyntonbeachcra.com <image399095.png> <image311505.png> <image811058.png> To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream 628 2 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. 629 1 Nicklien, Bonnie From:Nicklien, Bonnie Sent:Monday, October 30, 2023 11:54 AM To:Anthony Barber Cc:Tack, Timothy; Utterback, Theresa; r@subculturegroup.com; Vicki Curfman Subject:RE: 211 E. Ocean Avenue Project Update Hi Anthony, Great seeing you at Pirates Fest this weekend! I wanted to send a friendly reminder that the project update for 211 E. Ocean Avenue will appear on the November 13th Board agenda. The meeting will be held on Monday (vs. our regular Tuesday) at 6:00 PM. The Board has asked that you attend in‐person to provide an update. Please keep us posted if you will be submitting a site plan application prior to the November 6th deadline and we will include that information in the agenda packet materials. Feel free to reach out with any questions in the meantime. Best Regards, Bonnie From: Nicklien, Bonnie Sent: Monday, October 16, 2023 9:26 AM To: Anthony Barber <atbarber@troysbbque.com> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; r@subculturegroup.com; Vicki Curfman <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Avenue Project Update Morning Anthony, Your project will also be included on the November 13th CRA Board agenda (which is on a Monday vs. our regular Tuesday) at 6:00 PM. We will publish the agenda end of day on November 6th which is also the site application due date so please keep us updated on your submission. The Board has asked that moving forward anyone speaking on agenda items to please attend in‐person due to some audio complications with virtual attendees. I will reach out closer to the 6th for an update. Best Regards, Bonnie 630 2 From: Anthony Barber <atbarber@troysbbque.com> Sent: Thursday, October 12, 2023 8:31 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: 211 E. Ocean Avenue Project Update Will do! Thank you On Oct 12, 2023, at 11:10 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Good Morning Anthony, I hope this email finds you well! Friendly reminder, the site plan application deadline for 211 E. Ocean Avenue is due November 6, 2023. Please keep us posted on your submission. Also, as of October 11, 2023 – please direct all emails and project updates to our Assistant Director, Tim Tack cc’d on this email and also available on the phone at 561‐600‐9091. Please reach out with any questions. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 <image619635.png> 561‐600‐9090 | <image313868.png> 561‐737‐3258 <image477818.png> NicklienB@bbfl.us | <image243475.png> https://www.boyntonbeachcra.com <image399095.png> <image311505.png> <image811058.png> America's Gateway to the Gulfstream 631 3 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. 632 1 Nicklien, Bonnie From:Radigan, Amanda Sent:Wednesday, October 18, 2023 9:56 AM To:Nicklien, Bonnie; Temple, Adam N. Cc:Tack, Timothy; Utterback, Theresa Subject:RE: 211 E. Ocean Major Site Plan Application Deadline Bonnie, We have not received any meeting request or submittals since the last update. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Amanda Radigan, AICP, LEED AP Director, Planning & Zoning Development, Planning & Zoning Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6256 RadiganA@bbfl.us | boynton‐beach.org/ To help prprivacy, Mprevented download from the InFollow Us To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, October 17, 2023 2:57 PM To: Temple, Adam N. <TempleA@bbfl.us>; Radigan, Amanda <RadiganA@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: 211 E. Ocean Major Site Plan Application Deadline Good Afternoon Adam and Amanda, As you may recall, the deadline for 306 NE 6th Avenue, LLC to submit a Major Site Plan application for 211 E. Ocean Avenue is quickly approaching on November 6th. CRA staff is to report back to the Board with a project update at their November 13th Board meeting. The agenda publication date is November 6th. Can you please let us know if you receive a Major Site Plan application between now and the 6th? Also, can you confirm if you have had any meeting requests from their development team since their last project update to the Board in August 2023? Thank you for your time and information! 633 2 Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. 634 1 Nicklien, Bonnie From:Temple, Adam N. Sent:Wednesday, October 18, 2023 9:03 AM To:Nicklien, Bonnie; Radigan, Amanda Cc:Tack, Timothy; Utterback, Theresa Subject:RE: 211 E. Ocean Major Site Plan Application Deadline Good Morning Bonnie, I’m not aware of any update at this time, but Planning can definitely confirm the status by 11/6. Very Respectfully, To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Adam Temple, MBA, CFM Assistant City Manager City Manager's Office Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6121 TempleA@bbfl.us | boynton‐beach.org/ To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, October 17, 2023 2:57 PM To: Temple, Adam N. <TempleA@bbfl.us>; Radigan, Amanda <RadiganA@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: 211 E. Ocean Major Site Plan Application Deadline Good Afternoon Adam and Amanda, As you may recall, the deadline for 306 NE 6th Avenue, LLC to submit a Major Site Plan application for 211 E. Ocean Avenue is quickly approaching on November 6th. CRA staff is to report back to the Board with a project update at their November 13th Board meeting. The agenda publication date is November 6th. Can you please let us know if you receive a Major Site Plan application between now and the 6th? Also, can you confirm if you have had any meeting requests from their development team since their last project update to the Board in August 2023? 635 2 Thank you for your time and information! Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. 636 1 Nicklien, Bonnie From:Radigan, Amanda Sent:Monday, November 06, 2023 10:20 AM To:Temple, Adam N.; Nicklien, Bonnie Cc:Tack, Timothy; Utterback, Theresa Subject:RE: 211 E. Ocean Major Site Plan Application Deadline Confirmed 😊 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Amanda Radigan, AICP, LEED AP Director, Planning & Zoning Development, Planning & Zoning Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6256 RadiganA@bbfl.us | boynton‐beach.org/ To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Temple, Adam N. <TempleA@bbfl.us> Sent: Monday, November 6, 2023 10:17 AM To: Radigan, Amanda <RadiganA@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: RE: 211 E. Ocean Major Site Plan Application Deadline Amanda – Please confirm one last time since I believe CRA is publishing today. Thank you! Very Respectfully, To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Adam Temple, MBA, CFM Assistant City Manager City Manager's Office Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6121 TempleA@bbfl.us | boynton‐beach.org/ 637 2 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Radigan, Amanda <RadiganA@bbfl.us> Sent: Wednesday, October 18, 2023 9:56 AM To: Nicklien, Bonnie <NicklienB@bbfl.us>; Temple, Adam N. <TempleA@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: RE: 211 E. Ocean Major Site Plan Application Deadline Bonnie, We have not received any meeting request or submittals since the last update. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Amanda Radigan, AICP, LEED AP Director, Planning & Zoning Development, Planning & Zoning Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6256 RadiganA@bbfl.us | boynton‐beach.org/ To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt To help prprivacy, Mprevented download from the InLink to DoMyBoynto Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, October 17, 2023 2:57 PM To: Temple, Adam N. <TempleA@bbfl.us>; Radigan, Amanda <RadiganA@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: 211 E. Ocean Major Site Plan Application Deadline Good Afternoon Adam and Amanda, As you may recall, the deadline for 306 NE 6th Avenue, LLC to submit a Major Site Plan application for 211 E. Ocean Avenue is quickly approaching on November 6th. CRA staff is to report back to the Board with a project update at their November 13th Board meeting. The agenda publication date is November 6th. 638 3 Can you please let us know if you receive a Major Site Plan application between now and the 6th? Also, can you confirm if you have had any meeting requests from their development team since their last project update to the Board in August 2023? Thank you for your time and information! Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. 639 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Quarterly Reports formal reports, and monthly reports Mr. Bagley said that they do regular monthly reports. Fee Structure and different options There was discussion about the following: Beach- $2 base line fee for all rides; prices by zones; additional fee for extra people; premium rates to the beach; staff looking at the numbers while working with Circuit; and Palm Tran rates. There was consensus to have some type of fee. Mr. Tack said that they will return with options and a negotiated contract. He stated that they will be as diligent as possible in bringing the contract back. B. Quarterly Progress Report from BB QOZ, LLC for the 115 N. Federal Highway Mixed- Use Project (aka The Pierce) Mr. Tack spoke about the history of the purchasing agreement. He said that the report stated that they received site plan approval. Kemissa Colin, Affiliated Development, provided an update and said that from the last update that was provided in September, there has been no updates. Mr. Tack said that there is still ongoing litigation, and they are not moving forward with the design until the litigation clears up. Ms. Colin spoke about the litigation. Board Member Hay asked if there is a limit as to how long this can be drawn out. Ms. Rossmell said that the Board has no control over the court and how long they draw this out, but they have made a contract amendment because of this. C. Status Update on Development Project with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue Mr. Tack provided an update on this item and spoke about the history of this project. Anthony Barber, applicant, stated that he is looking forward to the Circuit. He gave an update on the project and said that they are moving along steadily. He mentioned that the cost is significantly more, about half a million dollars more, and he spoke about the financing options that they have been looking at. He said that they are working with another design company, and that he mentioned speaking with someone that no longer works for the CRA for advice. He asked if they have to wait until they get financing, or not. Board Member Cruz said that it is a tough situation, and even our own projects have significantly increased. She stated that it is challenging to not see movement on the project. 640 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Mr. Barber said that the first costs were an estimate, and the property value was at $800K, and they have not even looked at the house value. He mentioned that in order to make the house safe and sustainable, it is another $600K minimum. He spoke about seeking additional financial options. Vice Chair Turkin reiterated that the cost and rates are up. He asked what it is that he is requesting. Mr. Barber said that he can set up a timeline that if something is not set, that the CRA go ahead and move along without them. He stated that he hopes to have finance finalized within the next few weeks. Vice Chair Turkin said that he would be okay with a 60-day extension. Mr. Barber spoke about the history of the, and his partner wanting to save the house. Board Member Hay said that he was hoping to have a definitive answer to the items that were brought up, but he understands about everything going up. He stated that he is not comfortable with the finance part of it, but he woula agree with the 60-day extension. Mr. Barber spoke about already investing $130K into this project. Board Member Kelley said that she does not want to see the house go anywhere. She stated that she is supportive of the 60-day extension and spoke about her concerns regarding setting himself up to fail by only asking for 60 days. She asked what the new design team's expectations are to come up with a new plan. Mr. Barber spoke about the phase plan, and the new design team being onboard since the last meeting in July. He said that the design team is ready and has a site plan ready to go through as soon as they have their next payment. He said the finance company is looking forward to working on this project and he spoke about the historic preservation. There was discussion regarding the removal of the historic designation. Mr. Barber said that they would need 90 days to be able to remove the historic designation on the property. Ms. Rossmell clarified that the removal of the historical designation is currently in the existing agreement. She spoke about timeline extension options. There was discussion regarding the following: contract adjustment; proposal to stay on enforcement of notice of default; proof of financing; different actions that they can take tonight to amend the contract; preference to see a site plan submitted; timeline for different parts of the agreement; options that the Board has; applicant possibly burning more money to make this work; applicant timeline for the project; obligation in the contract; site plan not happening at the same time as the historic designation being removed; 30 days just for financing component; summary of next steps; contract regarding financial commitment; and next CRA meeting dates. 641 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Board Member Cruz requested a 6-month extension to allow for everything that needs to be done, or he would be done with the project. There was discussion regarding a 6-month extension; progress reports regarding the project; evidence of financing to come back to the January CRA Meeting; and condition to be specific for this project. Board Member Kelley suggested an update in January. Ms. Rossmell suggested that options include to table the item until the January CRA meeting or direct staff and legal to prepare a notice of default to include in the January meeting. Mr. Barber said that it would lead to a conversation of extension at that time. Ms. Rossmell agreed and spoke about the Board taking action in January. Chair Penserga opened public comments. There was none. He closed public comments. Motion: Vice Chair Turkin moved to table the item until the January 2024 CRA meeting. Board Member Kelley seconded the motion. The motion passed unanimously. 15. New Business A. Consideration of Fiscal Year 2023-2024 Budget Adjustment for Boynton Beach Complete Street Improvements Mr. Tack spoke about the agreement for the Complete Street Improvement Project, and its history of amendments. He said that they will need to increase the funding that will come from the Infrastructure and Streetscape funds, and also do a change to the ILA. Board Member Cruz asked if this is a TPA Grant and if they can get more funding. Mr. Tack said yes, they can ask about the possibility of more funding through the TPA. Chair Penserga opened public comments. There was none. He closed public comments. Motion: Vice Chair Turkin moved to transfer $350K from property acquisitions and reallocate it to infrastructure and streetscape. Board Member Hay seconded the motion. The motion passed unanimously. Motion: Vice Chair Turkin moved to approve the revised second amendment ILA Boynton Beach Complete Street project. Board Member Hay seconded the motion. The motion passed unanimously. 642 1 Nicklien, Bonnie From:Nicklien, Bonnie Sent:Wednesday, January 03, 2024 10:47 AM To:Tack, Timothy; atbarber@troysbbque.com Cc:Kathryn Rossmell Subject:RE: 211 E. Ocean Avenue Project Update Good Morning Anthony, Happy New Year to you and your family! The status of the 211 E. Ocean Avenue project will be presented to the Board at their January 18th meeting. Please confirm you will provide the proof of financing as discussed at the November 13, 2023 Board meeting. We will need this information at your earliest convenience but no later than end of day tomorrow. Also, please confirm you will be in attendance at the January 18th Board meeting to answer any questions the Board may have. Best Regards, Bonnie From: Tack, Timothy <TackT@bbfl.us> Sent: Friday, December 29, 2023 8:57 AM To: atbarber@troysbbque.com Cc: Nicklien, Bonnie <NicklienB@bbfl.us>; Kathryn Rossmell <krossmell@llw‐law.com> Subject: FW: 211 E. Ocean Avenue Project Update Anthony, The agenda item is being prepared for the 1/18/24 Board meeting. We need the proof of financing today to allow CRA legal/staff time to review the documentation and make the agenda publication deadline. Thanks, Timothy Tack, P.E. Assistant Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9091 TackT@bbfl.us | https://www.boyntonbeachcra.com 643 2 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Tack, Timothy Sent: Tuesday, December 19, 2023 9:08 AM To: atbarber@troysbbque.com Cc: Nicklien, Bonnie <NicklienB@bbfl.us>; Kathryn Rossmell <krossmell@llw‐law.com> Subject: FW: 211 E. Ocean Avenue Project Update Anthony, I am following upon the previous emails. We need to be able to review the proof of financing before the next CRA Board Meeting. A response on the status would be greatly appreciated. Thanks, From: Tack, Timothy Sent: Tuesday, December 12, 2023 9:54 AM To: atbarber@troysbbque.com Cc: Nicklien, Bonnie <NicklienB@bbfl.us>; Kathryn Rossmell <krossmell@llw‐law.com> Subject: FW: 211 E. Ocean Avenue Project Update Anthony, I am following up on the previous email. Please provide an update on the proof of financing. Thanks, From: Tack, Timothy Sent: Thursday, December 7, 2023 8:06 AM To: atbarber@troysbbque.com Cc: Nicklien, Bonnie <NicklienB@bbfl.us>; Kathryn Rossmell <krossmell@llw‐law.com> Subject: RE: 211 E. Ocean Avenue Project Update Anthony, 644 3 I hope you had a great Thanksgiving. I am following up on our phone conversation on 11/22/23. As you are aware, your agenda item was Tabled until the Thursday, January 18, 2024 Board meeting at 6:00 PM. It is very important we get the proof of financing soon to ensure sufficient time for legal review. The success of this project in very important and I want to make sure we keep moving forward. Thanks, From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, November 14, 2023 1:47 PM To: Tack, Timothy <TackT@bbfl.us> Subject: FW: 211 E. Ocean Avenue Project Update Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Anthony Barber <atbarber@troysbbque.com> Sent: Tuesday, November 14, 2023 1:44 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: 211 E. Ocean Avenue Project Update Hello, Are you sure the 12/5/23 date is correct? Thank you On Nov 14, 2023, at 11: 48 AM, Nicklien, Bonnie <NicklienB@ bbfl. us> wrote: Hi Anthony, As a follow up to last night’s CRA Board meeting, please see below – The agenda item was ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd Hello, Are you sure the 12/5/23 date is correct? 645 4 Thank you On Nov 14, 2023, at 11:48 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Hi Anthony, As a follow up to last night’s CRA Board meeting, please see below – 1. The agenda item was Tabled until the Thursday, January 18, 2024 Board meeting at 6:00 PM 2. Provide proof of financing for CRA staff/legal review no later than December 5, 2023 Please confirm you received this email and also confirm you will be able to attend the January 18th meeting in‐person. Feel free to reach out with any questions in the meantime. Wishing you and your family a wonderful Thanksgiving Holiday! Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 <image012480.png> 561‐600‐9090 | <image329401.png> 561‐737‐3258 <image624603.png> NicklienB@bbfl.us | <image811749.png> https://www.boyntonbeachcra.com <image847044.png> <image174904.png> <image829056.png> America's Gateway to the Gulfstream 646 5 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Nicklien, Bonnie Sent: Monday, October 30, 2023 11:54 AM To: Anthony Barber <atbarber@troysbbque.com> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; r@subculturegroup.com; Vicki Curfman <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Avenue Project Update Hi Anthony, Great seeing you at Pirates Fest this weekend! I wanted to send a friendly reminder that the project update for 211 E. Ocean Avenue will appear on the November 13th Board agenda. The meeting will be held on Monday (vs. our regular Tuesday) at 6:00 PM. The Board has asked that you attend in‐person to provide an update. Please keep us posted if you will be submitting a site plan application prior to the November 6th deadline and we will include that information in the agenda packet materials. Feel free to reach out with any questions in the meantime. Best Regards, Bonnie From: Nicklien, Bonnie Sent: Monday, October 16, 2023 9:26 AM To: Anthony Barber <atbarber@troysbbque.com> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; r@subculturegroup.com; Vicki Curfman <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Avenue Project Update Morning Anthony, Your project will also be included on the November 13th CRA Board agenda (which is on a Monday vs. our regular Tuesday) at 6:00 PM. We will publish the agenda end of day on November 6th which is also the site application due date so please keep us updated on your submission. The Board has asked that moving forward anyone speaking on agenda items to please attend in‐person due to some audio complications with virtual attendees. I will reach out closer to the 6th for an update. 647 6 Best Regards, Bonnie From: Anthony Barber <atbarber@troysbbque.com> Sent: Thursday, October 12, 2023 8:31 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: 211 E. Ocean Avenue Project Update Will do! Thank you On Oct 12, 2023, at 11:10 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Good Morning Anthony, I hope this email finds you well! Friendly reminder, the site plan application deadline for 211 E. Ocean Avenue is due November 6, 2023. Please keep us posted on your submission. Also, as of October 11, 2023 – please direct all emails and project updates to our Assistant Director, Tim Tack cc’d on this email and also available on the phone at 561‐ 600‐9091. Please reach out with any questions. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 <image619635.png> 561‐600‐9090 | <image313868.png> 561‐737‐3258 <image477818.png> NicklienB@bbfl.us | <image243475.png> https://www.boyntonbeachcra.com <image399095.png> <image311505.png> <image811058.png> <image001.jpg> America's Gateway to the Gulfstream 648 7 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subj disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication a your e‐mail address may be subject to public disclosure. 649 Attorneys at Law llw-law.com JACKSONVILLE 245 Riverside Ave. Suite 510 Jacksonville, Florida 32202 T: 904.353.6410 F: 904.353.7619 ST. PETERSBURG 100 Second Ave. South Suite 501-S St. Petersburg, Florida 33701 T: 727.245.0820 F: 727.290.4057 TALLAHASSEE 106 East College Avenue Suite 1500 Tallahassee, Florida 32301 T: 850.222.5702 F: 850.224.9242 TAMPA 301 West Platt St. Suite A364 Tampa, Florida 33606 T: 813.775.2331 WEST PALM BEACH 360 South Rosemary Ave. Suite 1100 West Palm Beach, Florida 33401 T: 561.640.0820 F: 561.640.8202 See Things Differently® Kathryn Rossmell krossmell@llw-law.com Reply To: West Palm Beach January 3, 2024 VIA REGULAR & CERTIFIED U.S. MAIL Mr. Anthony Barber, Mr. Rodney Mayo 306 NE 6th Avenue, LLC 518 Clematis Street, Suite 3 West Palm Beach, FL 33401 Re: Notice of Default; 211 E. Ocean Avenue, Boynton Beach, Florida Dear Messrs. Barber and Mayo: At the direction of the Board of the Community Redevelopment Agency (“CRA”) given at their _______, 2024 Board meeting, this shall serve as a formal Notice of Default of the Purchase and Development Agreement for the above referenced property, as the same has been amended (attached hereto as Exhibit “A”). Specifically, 306 NE 6th Avenue LLC has failed to meet the development timeline in Paragraph 21.a. of the Agreement by failing to apply to the City for site plan approval for the Project. Pursuant to Paragraph 13.3 you shall have fifteen (15) days from delivery of the notice during which to cure the default . Your prompt attention is requested. Please contact me should you have any questions regarding the above. Sincerely yours, Kathryn Rossmell, Esquire cc: Edward Kotlyarow, Esquire 650 PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part Ill, of the Florida Statutes (hereinafter "SELLER"), and 306 NE 6th Avenue LLC, or its affiliated assignee (hereinafter "PURCHASER", and together with the SELLER, the "Parties"). In consideration of TEN AND 00/100 DOLLARS ($10.00} and the mutual covenants and agreements herein set forth, the receipt and sufficiency of which is hereby acknowledged the Parties hereto agree as follows: 1. PURCHASE AND SALE /PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the real property legally described in Exhibit "A," attached hereto (hereinafter the "Property"). The Parties intend that the purchase and sale and ensuing redevelopment of the Property will be effectuated in order to reduce slum and blight and to enable the construction of an approximately 3,000 square foot restaurant consisting of five (5) shipping containers, the adaptive reuse of the historic Magnuson House, associated parking, and all other required development standards according to the City of Boynton Beach (collectively referred to as "the Project" and separately referred as "the Project Elements"). 2. PURCHASE PRICE AND PAYMENT. The Purchase Price for the Property shall be Ten AND 00/100 DOLLARS ($10.00) to be paid in full at Closing. SELLER has complied with Section 163.380, Florida Statutes, in proceeding w_ith the sale of the Property to PURCHASER. 3. DEPOSITS. An Initial Deposit in the amount of Ten Thousand AND 00/100 DOLLARS ($10,000.00) shall be deposited with Lewis, Longman & Walker, P.A. (hereinafter "Escrow Agent") within two (2) business days following execution hereof by the Parties. The Initial Deposit shall be fully refundable to PURCHASER, if prior to the expiration of the Feasibility Period (as hereinafter defined), the PURCHASER advises SELLER in writing that it does not intend to complete the purchase of the Property. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5. CLOSING. The PURCHASER'S obligation to close on the purchase of the Property is contingent on the following: a. PURCHASER obtaining a Certificate of Occupancy from the City of Boynton Beach, Florida (the "City") to operate a restaurant consisting of a approximately 3000 square feet within five (5) shipping containers, the adaptive reuse of the historic Magnuson House, associated parking, and all other required development standards according to the City of 01668796-4 PURCHASER's Initials:~ SELLER's Initials: £1f 651 PURCHASE AND DEVELOPMENT AGREEMENT Page 2 of22 Boynton Beach on the Property within the timeframe set forth in Paragraph 21 below. b. Seller delivering marketable title to the Property subject only to those title exceptions acceptable to the PURCHASER, all as more specifically set forth herein. 6. CLOSING DATE. The Closing shall take place thirty (30) days after PURCHASER receives its Certificate of Occupancy from the City pursuant to Section S(a) at such location to which the parties may mutually agree in writing. 7. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Special Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 8.3), to which PURCHASER fails to object, or which PURCHASER agrees to accept. 8. INVESTIGATION OF THE PROPERTY. For a period until twenty (20) days from the Effective Date ("Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this Agreement. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date; (ii) shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, reasonable attorney's fees, for nonpayment for services rendered to PURCHASER {including, without limitation, any construction liens resulting therefrom) or for damage to persons or property arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 01668796-4 8.1 Seller's Documents. SELLER shall deliver to PURCHASER the following PURCHASER's Initials: 0(11 SELLER's Initials: e7f' 652 PURCHASE AND DEVELOPMENT AGREEMENT Page 3 of22 documents and instruments within five (5} days of the Effective Date of this Agreement: any existing title policies, appraisals, copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, copies of all permits, authorizations and approvals issued by Governmental Authorities for the Property and any correspondence which discloses claims, allegations or adverse information regarding the Property or SELLER with respect to the Property. 8.2 Title Review. Within thirty (30) days of the Effective Date, SELLER's counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") shall obtain, at the SELLER'S expense, from a Title Company chosen by SELLER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after receipt of the Title Commitment notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable or unwilling to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty {30) day period at no cost to PURCHASER, or (ii) accepting the Title to the Property as ofthe time of Closing or (iii) canceling and terminating this Agreement, in which case, any Deposits shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 8.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/lOOth of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, 01668796-4 PURCHASER's Initials: rvf\ SELLER's Initials: ft \ 653 PURCHASE AND DEVELOPMENT AGREEMENT Page 4 of22 lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 8.2 concerning title objections. 9. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each ofthe following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 9.1 Re presentations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 9.2 Pendin g Proceedin gs. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever involving the Property or the SELLER, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 9.3 Com pliance with Laws and Re gulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 10. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 10.1 Deed and Authorizin g Resolutions. SELLER shall furnish a Special Warranty Deed {the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions, together with such resolutions or other applicable authorizing documents evidencing approval of the transaction by the SELLER's governing body as the Closing Agent and the title Company may require. The Deed shall contain a deed restriction for the restaurant use for a minimum twenty (20) years from the date of the Certificate of Occupancy. 10.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law, that the SELLER will not record or enter into documents affecting the Property after the last effective date on the Title Commitment, and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 01668796-4 10.3 Closin g Statement. A closing statement setting forth the Purchase Price, PURCHASER's Initials:~ SELLER's Initials: LrP 654 PURCHASE AND DEVELOPMENT AGREEMENT Page 5 of 22 all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 10.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 10.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 11. PRORATIONS , CLOSING COSTS AND CLOSING PROCEDURES. 11.1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill which discloses an actual difference in the amount of the taxes estimated at Closing that exceeds $1,000.00. 11.2 Closin g Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and any cost associated with curing title. PURCHASER shall pay all other closing expenses. Each party shall be responsible for their respective attorneys' fees. 11.3 Closin g Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 11.4 Existin g Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 12. REPRESENTATIONS . COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 01668796-4 PURCHASER's Initials: (1f'n SELLER's Initials: ~if' 655 PURCHASE AND DEVELOPMENT AGREEMENT Page 6 of22 12.1 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 12.2 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12.3 Liti gation. There are no actions, suits, proceedings or investigations pending or threatened against SELLER or the Property affecting any portion of the Property, including but not limited to condemnation actions. 12.4 Parties in Possession. There are no parties other than SELLER in possession or with a right to possession of any portion of the Property. 12.5 Acts Affectin g Pro perty. From and after the Effective Date, SELLER will refrain from (a) performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b) creating or incurring, or suffering to exist, any mortgage, lien, pledge, or other encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbrances existing on the Effective Date) and (c) committing any waste or nuisance upon the Property. 13. DEFAULT. 13.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, SELLER shall be entitled to retain the Deposit, and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER. 13.2 SELLER'S Default. In the event that SELLER fails to fully and timely to perform any of its obligations and covenants hereunder or if SELLER is in breach of any representations herein, PURCHASER may, at its option (i) declare SELLER in default under this Agreement in which event PURCHASER may terminate this Agreement, receive back its Deposit and neither party shall have any further rights hereunder, except for those expressly provided herein to survive termination ofthis Agreement. 01668796-~ PURCHASER's Initials: @ SELLER's Initials: erf 656 PURCHASE AND DEVELOPMENT AGREEMENT Page 7 of 22 13.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 13.4 Survival. The provisions of this Section 13 shall survive the termination of this Agreement. 14. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: With a copy to: If to Purchaser: With a copy to: Boynton Beach Community Redevelopment Agency Thuy Shutt, Executive Director 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Kenneth Dodge, Esquire lewis, Longman & Walker, P.A. 360 South Rosemary Avenue, Suite 1100 West Palm Beach, Florida 33401 306 NE 6th Avenue LLC 518 Clematis Street, Suite 3 West Palm Beach, FL 33401 Mr. Eduard Kotlyarov Kotlyarov Law Offices PLLC 4910 Communications Avenue, Ste 200 Boca Raton, Fl33431 15. BINDING OBLIGATION /ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER. It is understood, however, that SELLER may assign its interest to the City of Boynton Beach without the prior written consent of PURCHASER. This Agreement may be freely assigned by PURCHASER to a wholly owned or controlled assignee of 01668796-4 PURCHASER's Initials: (Jf'fJ SELLER's Initials: R ( 657 PURCHASE AND DEVELOPMENT AGREEMENT Page 8 of22 PURCHASER, and thereafter PURCHASER'S assignee shall be obligated to close the transaction contemplated herein as if such assignee were the original party to this Agreement. Any assignment by PURCHASER to an unrelated party shall be subject to the prior written approval of SELLER. A copy of the purchase agreement shall be provided to the CRA. 16. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and receive a refund of the Deposit and the parties shall have no further obligations under this Agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to terminate within fifteen {15) days after receipt by PURCHASER of the notice from SELLER. SELLER hereby agrees to furnish PURCHASER with written notice of a proposed condemnation within two (2) business days after SELLER's receipt of such notification. Should PURCHASER terminate this Agreement pursuant to this Section, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder. Should PURCHASER elect not to terminate, the parties hereto shall proceed to Closing and SELLER shall assign all of its right, title and interest in all awards in connection with such taking to PURCHASER. 17. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. 18. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 19. SELLER DESIGN APPROVAL The PURCHASER agrees that the SELLER shall have the right to reasonably approve the design of the Project. PURCHASER has submitted plans to the SELLER, attached hereto as Exhibit "B", which have been approved for submittal to the City for formal site plan approval. 20. PROJECT MODIFICATIONS. Nothwithstanding Section 21(d) of this Agreement, PURCHASER shall not make or authorize any medications to the Project or Project Elements without SELLER approval, which shall not be unreasonably withheld. 21. DEVELOPMENT TIM ELINE. PURCHASER is required to achieve the following items described below in this Section (collectively the "Project Elements"). Achievement ofthe Project 016687%-4 PURCHASER's Initials: rxn SELLER's Initials: 'H_l 658 PURCHASE AND DEVELOPMENT AGREEMENT Page 9 of 22 Elements must be documented in writing, and such writing must be provided to the SELLER upon completion of each item. a. Submission of application to the City for site plan approval for the Project within one hundred twenty (120) days from the Effective Date. b. Achievement of site plan approval for the Project from the City within one hundred eighty (180) days of submittal of a formal site plan application to the City of Boynton Beach. c. Approval of financing for the Project including the construction loan and permanent financing commitment in a form acceptable to SELLER in an amount sufficient to develop the Project on or before receiving site plan approval from the City. PURCHASER shall provide SELLER proof that the permanant financing commitment is either a) signed by an authorized signatory of an accredited financial institution (the "Lender") demonstrating that the Project has been underwritten by the Lender and that Lender intends on financing the Project, or b) that the entity providing the permanent financial commitment has the financial ability to fund the Project and that such entity intends to finance the Project, which proof must be in a form acceptable to SELLER. d. In the event that the adaptive reuse of the Magnuson House is not possible, then PURCHASER may pursue the removal of the historic designation. PURCHASER must provide notice to SELLER it intends to remove the historic designation at least thirty (30) days before formally initating the process to remove the designation. PURCHASER must also request an Amendment to this Agreement to remove the the adaptive reuse of the historic Magnuson House as a Project Element and to replace it with an alternative Project Element, which request SELLER will not unreasonably refuse so long as the alternative Project Element furthers the Boynton Beach CRA Redevelopment Plan. If such historic designation is removed, then the Magnuson House may be demolished or moved so long as SELLER has approved an alternative Project element and this Agreement has been amended to reflect the same. e. Submission of construction documents for the Project to the City for a building permit within ninety (90} days of obtaining formal site plan approval. Proof of permit application and applicable impact fees paid will be provided to the SELLER upon submission to the City. Upon City issuance of the building permit a copy will be provided to SELLER. f. Issuance of a Certificate of Occupancy to be provided within twelve (12) months following building permit issuance. g. Ribbon cutting ceremony to occur within sixty {60) days of achieving a Certificate of Occupancy. 22. SITE SECURITY. PURCHASER shall develop and implement an effective security program for protection of the Project while construction is in progress at PURCHASER's sole cost 01668796-4 PURCHASER's Initials ~ SELLER's Initials;\....,~~'-'-'-- 659 PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 22 and expense. PURCHASER shall secure, protect and be responsible for, and shall provide all necessary or desirable measures for security and protection at and on the Property, and of all materials, supplies, tools and equipment and all other improvements and personal property at the Property or in the vicinity of the Property, whether or not incorporated into the Project including, but not limited to, utilizing fences, gates, cameras, and patrols (which shall include such number of duly qualified guards, on a 24-hour basis, as PURCHASER (in consultation with and to the satisfaction of SELLER) shall deem adequate to ensure security of the Property). The PURCHASER shall take any and all precautions that may be reasonably necessary to render all portions of the Property, the Project, the site and any adjacent areas affected by the Project secure in every respect, to decrease the likefihood of accidents from any cause, and to avoid vandalism and other contingencies which are liable to delay the Work or give rise to any claims or liabilities. The PURCHASER shall provide all necessary facilities to provide safe means of access to all points where the Work is being performed. 23. DEFAULT. Failure of the Parties to strictly comply with any of the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If either Party fails to cure the default within {30) days of written notice from the other of its default, then this Agreement may be terminated pursuant to Section 25.17 below. Failure of PURCHASER to complete the Project as described above in Section 1 and/or to comply with the Development Timeline set forth in Section 21, shall constitute an act of default. If such an event of default occurs prior to Closing SELLER shall be entitled to the Deposit in full as final satisfaction of PURCHASER's obligations hereunder. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above. 23.2 Ri ght of First Refusal. PURCHASER hereby grants SELLER a Right of First Refusal for repurchase of the Property which shall be in full force and effect for a period of five (5) years from the date PURCHASER obtains its Certificate of Occupancy. The terms and conditions of this right shall be set forth within the Special Warranty Deed as follows: a. Should PURCHASER receive a written offer to purchase the Property pursuant to a written contract or letter of intent, PURCHASER shall give SELLER notice of the offer by delivering a copy of the contract or letter of intent to SELLER ("Notice") pursuant to the Notice requirements of Section 14 above within two (2) business days of receipt. Within ten (10) days of receipt of the Notice, SELLER shall either waive or exercise its right of first refusal. If SELLER elects to exercise its right of first refusal, SELLER shall, within ten (10) days after receipt of the Notice, deliver to PURCHASER an agreement to purchase the Property on the same terms as set forth in the Notice including the delivery of a deposit (if applicable), and upon receipt by the PURCHASER of the foregoing from the SELLER, PURCHASER and SELLER shall enter into a Purchase and Sale Agreement upon substantially the same terms and conditions as the Notice. If SELLER fails to exercise or waive its right of first refusal in accordance with the terms and conditions stated herein, within ten (10} days after receipt of the Notice, then SELLER's right of first refusal shall be deemed to have been waived. The terms and conditions of this Section shall 016687!16-4 PURCHASER's Initials:(!] SELLER's Initials: tlf 660 PURCHASE AND DEVElOPMENT AGREEMENT Page 11 of22 survive Closing. 24. REFUNDING. Should the PURCHASER sell the Property for a profit above $3M, within seven (7) years of the Effective Date, PURCHASER shall repay to SELLER an amount equal to the appraised value of the Property as indicated in the December 2021 appraisal. 25. MISCELLANEOUS. 25.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 25.2 Com putation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 25.3 Waiver. Neither the failure of a party to insist upon strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 25.4 Indemnification. The PURCHASER shall indemnify, save, and hold harmless the SELLER, 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 SELLER, its 01668796-4 PURCHASER's Initials: (Q\m SELLER's Initials: R_ 661 PURCHASE AND DEVELOPMENT AGREEMENT Page 12 of 22 agents, or its employees, by reason of any property or other damages or personal injury, including death, sustained by any person or entity r, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the PURCHASER or the performance of this Agreement by or PURCHASER's employees, agents, partners, principals, or subcontractors. This paragraph shall not be construed to require PURCHASER to indemnify the SELLER for its own negligence, or intentional acts of the SELLER, 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. 25.5 Insurance. The PURCHASER shall obtain all insurance required by the SELLER and provide proof thereof at least 10 days prior to the start of construction of the Project, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COl") for comprehensive general liability insurance with a liability limit of at least $1,000,000 per occurrence. Additional insurance requirements for contractors hired by PURCHASER may be found in "Exhibit C" which is hereby incorporated herein. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the this Agreement. The SELLER shall be included as "Additional Insured" with respect to liability arising out of services performed by the PURCHASER by or on behalf of the SELLER or acts or omissions of the PURCHASER in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following as an additional insured party: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 25.6 Pa vment and Performance Bond. Prior to the construction commencement date, the PURCHASER shall obtain, for the benefit of and directed to the SELLER, a Payment and Performance Bond covering the faithful performance by the PURCHASER of its obligations under the contract documents, including but not limited to the construction of the project on the project site and the payment of all obligations arising thereunder, including all payments to Subcontractors, laborers, and material men. These Bonds shall remain in effect at least until one year after the termination of this Agreement. The surety selected by the PURCHASER to provide the Payment and Performance Bond shall be approved by the SELLER prior to the issuance of such bond, which approval shall not be unreasonably withheld or delayed provided that the surety is rated A or better by Best's Key Guide, latest edition. If SElLER approves changes to the Project that results in an increase in the cost of the Project, SELLER reserves the right to require the PURCHASER to secure and deliver additive riders to the Payment and Performance Bond. 016fill796-4 PURCHASER's Initials: (,\(\!] SELLER's Initials: W \ -=-.:.....:....- 662 PURCHASE AND DEVELOPMENT AGREEMENT Page 13 of 22 If the surety on any Bond furnished by PURCHASER is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida or it ceases to meet the requirements above, Purchaser shall within five days thereafter substitute another Bond and Surety. Purchaser's failure to furnish a substitute surety shall constitute a material breach of the Agreement and shall give the CRA the immediate right to terminate the Agreement. 25.7 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any ofthe Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 25.8 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 25.9 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. 25.10 Waiver of Ju ry Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SEUER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 25.11 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. However, SELLER's obligation under this section shall not exceed the statutory limits provided within Section 768.28, Florida statutes, and nothing in this Agreement shall be deemed a waiver of SELLER's sovereign immunity rights. 25.12 Bindin g Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 25.13 No Recordin g. This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 01668796-4 PURCHASER's Initials: nf\r\ SELLER's Initials:-~~~ / 663 PURCHASE AND DEVELOPMENT AGREEMENT Page 14 of 22 25.14 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the Deed and PURCHASER'S possession of the Property. 25.15 PURCHASER Attorne ys' Fees and Costs. PURCHASER acknowledges and agrees that PURCHASER shall be responsible for its own attorneys' fees and all costs, if any, incurred by PURCHASER in connection with the transaction contemplated by this Agreement. 25.16 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in connection with this Agreement; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. SELLER shall, upon request, provide guidance to PURCHASER as to the public records keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. 25.17. Termination. The obligations of PURCHASER and SELLER shall terminate upon the earlier of (i) the Closing; or (ii) an event of default as defined herein. 01668796-4 PURCHASER's Initials: ()rv1 SELLER's Initials:~ 664 PURCHASE AND DEVELOPMENT AGREEMENT Page 15 of22 IN WITNESS WHEREOF, the Parties have executed this Agreement as ofthe Effective date. PURCHASER: 306 NE 6th AVENUE LLC 01 ) Printed Name: f2.ootJ~ fY!1Avt Q Ti tle: _ _,__fVl--'--'A=fJ=•4....,./r'-'l'"'"'(\)'"""6-_N1--=-~__,f)"-'011-=-=----- Date: __ tJ...L.+-J/Ic.....,'}L-..4[_2 "'--'0,__,2==--=?-=------ WITNESS: ·F': -. ) k'l ··)/ 1 '-1 Yl/'-.... I ' . D · 0 Printed Name: _K_,___,_r=----.::tS::...c...:-c.=-''-' ~-'-\)-'-"0"'"'{-=L..T·c_Jz--'---_ I. ) SELLER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Title: Chair Date: ----ff-f;;.....:lc....:B=-+-h_'ZD_z._'l-____ _ I / WITNESS: \;«b. Approved as to form and legal sufficiency:. ____________ _ CRA Attorney PURCHASER's Initials: SELLER's Initials: 01668796-4 665 PURCHASE AND DEVELOPMENT AGREEMENT Page 16 of 22 EXHIBIT 11A" LEGAL DESCRIPTION Lots 13 and 14, ORIGINAL TOWN OF BOYNTON BEACH, according to the Plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. Said lands situated in the City of Boynton Beach, Palm Beach County, Florida and containing 13,936 square feet (0.32 acres) more or less. Property Control Number: 08-43-45-28-03-004-0130 LOCATION MAP 01668796-4 PURCHASER's Initials: (OrVl SELLER's Initials: &'fr 666 PURCHASE AND DEVELOPMENT AGREEMENT Page 17 of 22 EXHIBITS CONCEPTUAL DRAWINGS 01668796-'1 PURCHASER's Initials: t\{y) SELLER's Initials: L.# 667 ·" •0 :. NOT RECOVERED -.:t :::,.::: u 0 _J m 1- 0 _J 0.5' w ... = §;?0 ~ ... o §0 li?S::J ;, • 4 ·." B L 0 C K 4 H.ir .. . ·<l .. • . • f-0 P...--+-'--...::.,'-'-'---+=--1'!"! BO ~:z 15.93+ PK NAIL EL.=15.78') /- ASPHALT +15.42 - -<t PAVEMENT E. OCEAN AVENUE SOD "' + (() ~ N tO ~I 20' 5 o:l 0 z 0 FE</: "'~ 0 ul= z:z S::J n, ... i':l· 0 0 (/) 14. ? CD SS 0 0 (f) +14.96 NOT RECOVERED (50' APPARENT PUBLIC R/W PER P.B. 1/23, P.B.C.R.) Call48h'"~~ before you dig It's the law! 1~:-:o .. ~~~o.H. + 1--z UJ :::!: ~ < Q_ I- -' < :I: Q_ Ul < 14.33 20' +14.56 @RIM (.!) z Ci -' 5 CD 1--z UJ u < ..., Cl < N88"48'16"W GRAPHIC SCALE Location Map LOCATION: ·BOYNTON BEACH, Fl PROPERlY CONTROL NUMBER: .08-43-45-21HJ3-0(J4.{)130 LEGAL DESCRIPTION ·TOWN OF BOYNTON LTS 13 & 14 BLK 4 ZONING ORDINANCES: AGREEMENT WITH lliE CRA TO UTIUZElliE CRA PARKING LOT AT THE CORNER OF • - NTS NE 1ST AVENUE AND NE 1ST STREET (WilliiN THE 500 FOOT DISTANCE ALLOWED UNDER lliE OCEAN AVENUE OVERLAY ZONE REGULATIONS). SEATING CAPAOTY:181SEATS 182/2.5 = 73 PARKING SPACES OCEAN AVENUE OVERLAY ZONE ALLOWS A REDUcnON OF 50% PARKING CALCULATIONS (1 PER 25 SEATS) AGREEMENT WITH lliE CRA TO UTIUZE lliE CRA PARKING LOT AT THE CORNER OF NE 1ST AVENUE AND NE 1ST STREET (WilliiN lliE 500 FOOT DISTANCE ALLOWED UNDER THE OCEAN AVENUE OVERLAY ZONE REGULATIONS) • MINIMUM LOT FRONTAGE: 50 FEET BUILD TO UNE: FRONT: SFT TO 15FT CORNER SIDE: SFTTO 15FT MINIMUM YARD SET BACKS: -REAR: lOFT ABUTTING: RESIDENllAL DISTRICT: 20FEET INTERIOR SIDE: 7 5 FEET ABUTTING: HISTORIC STRUCTURES: 10 FEET MAXIMUM LOT COVERAGE: 65% MAXIMUM STRUCTURE HEIGHT: 35'.0" 1" = 10' 0 z 0:: w ...J w w I ~ ~ w :::::> z w > <C z <C w 0 0 1- (JJ <C w ..- C\1 z <( ....J a. w 1- c:n ~ i @ DATE 07/30121 DRAWN BY GAH F.BJPG. - SCALE 1120 SUB"'ITT£0 BY- G. M.LAH HENDRICKS LANDSCAPE ARCHITECT No.LAf>61!6974 s2g ¥kF~~~~ DATE U JOB# 9603 SHT.NO. SP-1 OF 1 SHEETS 668 ' --r . ·~~ .,...nm:::r1rmni'TriTT!=.:r=n:l ;:rn;:,n;~:r=rn~, ][1'Jlili1ITtJ1JJ1TIJJITilliB1Tf~~~~ · ~ 1: I II r ~~~1m 1111" l tl ~ . ' ' ' ' ' ' L-----------------------~ ~ 40' KITCHEN I WALK-IN COOLER I r= J I .. --~ il l j I I EQUIPMENT SUGGESTJON L--~---~-~-1..-..--~---------' ':;1~ -- ~20'COOLER A-16 1/4"; 1'-0' ; -· -·:p" t ASANTE DESIGN GROUP LLC ocdt~··~·_pb1rWng 52SS~~~~315 1561.349.5151 f561.349..5l52 IINIW.osontedeslgngroup.com M261XJ3500 THIS DOCUMENT IS THE PROPERTY OF ASANTE DESIGN GROUP li..C AND SHAll NOT BE REPRODUCED WITHOUT THE WRITTEN CONSENT OF ASANTE DESIGN GROUP LLC _'U U! H U l t REVIEW SET NOT FOR CONSTRUCTION THIS DRAWING IS NOT FOR CONSTRUCTION, IT HAS BEEN ISSUED FOR PRELIMINARY REVIEW ONLY. w ::::» z w....J w =>u. > z -WI <( >u z <(<( zW <( <(a::l wz w uo u 01-.z 0 W>- w ..-o Ncc "'"'" "'"'" N GRAPHIC ILLUSTRATIONS Client Name 211 E OCEAN AVENUE Pro}Ktnumber Date 0026121 Project Manager JLS Drawn By AB A-16 S<•• lf4"•1'.Q" 669 PURCHASE AND DEVELOPMENT AGREEMENT Page 20 of 22 EXHIBITC ADDITIONAL INSURANCE REQUIREMENTS A. General: All Contractors hired by PURCHASER shall purchase and maintain such comprehensive general liability, worker's compensation, professional liability, and other insurance as is appropriate for the Project being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Project and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, by any subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Project, or by anyone for whose acts any of them may be liable. Before starting and during the term of this Agreement, the Contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs B.1-4, inclusive below. The endorsement for all insurance required under this paragraph shall contain the required language, "The Boynton Beach Community Redevelopment Agency, including its Members, Officers, Employees, and Agents" in the Description box. A waiver of subrogation endorsement is required with the required language on all policies. B. Coverage: Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 016687964 1. Workers' Compensation. Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. Contractor shall require all subcontractors to maintain workers compensation during the term of the Agreement and up to the date of final acceptance. Contractor shall defend, indemnify and save the SELLER harmless from any damage resulting to them for failure of either Contractor or any subcontractor to take out or maintain such insurance. A Waiver of Subrogation Endorsement is required with the required language in the description box. Employers' Liability with statutory limits of $100,000 per person, $500,000 per occurrence, $100,000 per disease. 2. Comprehensive General Liability or Commercial General Liability coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as filed by the Insurance Services Office and must include: a. Minimum limits of total coverage shall be $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and $1,000,000 Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; and $2,000,000 general aggregate. PURCHASER's Initials: SELLER's Initials: 670 ,_ PURCHASE AND DEVELOPMENT AGREEMENT Page 21 of 22 b. Premises and/or Operations. c. Independent Contractor. d. Products and/or Completed Operations. Contractor shall maintain in force until at least three (3) years after completion of all services required under the Agreement, coverage for products and completed operations, including Broad Form Property Damage. e. XCU Coverages. f. Broad Form Property Damage including Completing Operations. g. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. h. Personal Injury coverage with employees and contractual exclusions removed. i. The Contractor shall either require each subcontractor to procure and maintain, during the life of the subcontract, insurance of the type and in the same amounts specified herein or insure the activities of subcontractors in his own insurance policy. 3. Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a. Minimum limit of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles c. Hired and Non~Owned Vehicles d. Employee Non~Ownership 4. All Risk Property Insurance. Coverage must include real and personal property and in an amount equal to the replacement cost of all real and personal property of the SELLER's for which the Contractor is responsible and over which he exercises control. Builders Risk insurance must be provided to cover Property under construction and an Installation Floater must cover all machinery, vessels, air conditioners or electric generators to be installed. This insurance shall include a waiver of subrogation as to the SELLER, the Contractor, and their respective officers, agents, employees, and subcontractors. Coverage to be provided on a full replacement cost basis. C. A Certificate of Insurance acceptable to the SELLER shall be provided listing the above coverages and providing 30 days prior written notice to the SELLER in the case of cancellation, restriction or change of insurer. Should Contractor permit any required coverage to lapse, SELLER may, but is not required to, immediately terminate this Contract. The SELLER shall be named as an additional insured on all policies of insurance PURCHASER's Initials: SELLER's Initials: 671 PURCHASE AND DEVELOPMENT AGREEMENT Page 22 of 22 (including products). The following information must be included in the Certificate of Insurance for the additional insured: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Contractor is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage's or policy limits of any subcontractors will be the sole responsibility of the Contractor. Contractor shall provide proof of coverage by its subcontractors upon SELLER's request. PURCHASER's Initials: SELLER1 s Initials: 672 1Nicklien, BonnieFrom:Tony Pintsopoulos <tonyp@subculturegroup.com>Sent:Monday, January 23, 2023 1:22 PMTo:Shutt, ThuyCc:Utterback, Theresa; Tack, Timothy; Curfman, Vicki; mrabarber@me.com; Nicklien, Bonnie; tduhy@llw-law.com; 'Ken Dodge'; 'Kathryn Rossmell'; Radigan, Amanda; Temple, Adam N.Subject:RE: 211 E. Ocean Ave Site Plan Application DateAnthony is going to either call you or stop by. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Monday, January 23, 2023 12:43 PM To: Tony Pintsopoulos <tonyp@subculturegroup.com> 673 2Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us>; mrabarber@me.com; Nicklien, Bonnie <NicklienB@bbfl.us>; tduhy@llw‐law.com; Ken Dodge (kdodge@llw‐law.com) <kdodge@llw‐law.com>; Kathryn Rossmell <krossmell@llw‐law.com>; Radigan, Amanda <RadiganA@bbfl.us>; Temple, Adam N. <TempleA@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Good morning, Tony, This is a building permit application submittal not a Site Plan Application per our previous discussion at the Pre‐Application meeting with the design consultant team and Anthony (see attached string of emails regarding the site plan approval process). The documents submitted on 1/17/23 at 5:49 PM rejected on 1/17/23 at 5:55 PM. An email was sent to Anthony to notify him. This is out of compliance with our agreement and unfortunately will need to go to the Board as this exceeds staff’s authority. We will be scheduling this for the February 13, 2023 CRA Board meeting for direction. We will send you the agenda item once it is finalized and published on the web on February 6, 2023. We will also send you the link to participate virtually when that is available. I would advise you to have representation at the meeting. As always, feel free to contact me if you have additional questions. Thank you. Thuy Shutt, AIA, FRA‐RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9098 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream 674 3Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Friday, January 20, 2023 3:48 PM To: Nicklien, Bonnie <NicklienB@bbfl.us>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Same to you. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Friday, January 20, 2023 3:46 PM 675 4To: Tony Pintsopoulos <tonyp@subculturegroup.com>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Thank you, Tony! I will follow up with City Staff and get back with you. Have a great weekend, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Friday, January 20, 2023 3:44 PM To: Nicklien, Bonnie <NicklienB@bbfl.us>; mrabarber@me.com; r@subculturegroup.com 676 5Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Hi Bonnie, See below proof of submission that Anthony got when he filed on Tuesday. Let me know if you found it. 677 6678 7 Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Friday, January 20, 2023 11:32 AM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Good Afternoon Tony and Team, I am reaching out on behalf of Thuy regarding your site plan application deadline on January 17, 2023. As of today, the City has not received a site plan application for 211 E. Ocean Avenue. Please submit any request/supportive documentation for an extension to your site plan application deadline no later than January 30th in order to make the packet publication for the February 13, 2023 Board meeting. 679 8We ask that at least one person from your development team to attend the meeting to answer any questions the Board may have. The meeting is held at 6:00 PM in Commission Chambers at City Hall. Once we receive your request, we will provide additional meeting participation details. Please reach out with any questions. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream 680 From:Shutt, Thuy To:mrabarber@me.com Cc:Utterback, Theresa; Tack, Timothy; Nicklien, Bonnie; Tony Pintsopoulos; r@subculturegroup.com Subject:RE: 211 E. Ocean Ave Site Plan Application Date Date:Friday, January 6, 2023 5:10:00 PM Attachments:Fully Executed P&D Agreement - 211 E Ocean Avenue.pdf image012.png image014.png image015.png image016.png image017.png image018.png image019.png image020.png image021.png image022.png Good afternoon, Happy New Year! This is a follow up to my vm I left on your phone today. Since our phone conversation on 12/20, the CRA has not received a request for an extension to the site plan application submission deadline pursuant to Section 21.a of the attached PDA. This is good news since you had indicated when we talked that you will know more on the status of the application and if you will need an extension after your team meeting that Thursday night. As a friendly reminder, the deadline for submission is 120 days from the Effective date (9/18/22) is 1/16/23 (not the 17th as indicated in the email below). Please be advised that the City and CRA will be closed on January 16th for MLK Jr. Holiday so please plan accordingly. We don’t want you to miss the deadline and not be in compliance with our agreement. If you have any questions, please feel free to contact me or Bonnie Nicklien. Thank you. 681 9Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Tuesday, December 20, 2022 9:13 AM To: Nicklien, Bonnie <NicklienB@bbfl.us>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Hi Nickie, LOL. We are on the same page. Look what came up on my calendar today. I am hoping to meet Anthony today and get an update. Happy Holidays to you. Thanks 682 10Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org 683 11From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, December 20, 2022 9:08 AM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Good Morning All, I wanted to send you another friendly reminder before we break for the holidays. Your site plan application deadline is January 17th, 2023. Can you believe it’s almost 2023?! Please let us know if you have any questions. Wishing you all a wonderful holiday season! Best Regards, Bonnie Bonnie NicklienGrants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | http://www.boyntonbeachcra.com 684 12 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Tuesday, November 22, 2022 12:41 PM To: Nicklien, Bonnie <NicklienB@bbfl.us>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Happy Thanksgiving to you also. Anthony says he has it under control, however, please keep reminding us. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org 685 13From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Tuesday, November 22, 2022 10:01 AM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Good Morning Everyone, Stopping in to wish you all a wonderful Thanksgiving and also provide another monthly reminder as you approach your site plan application deadline on January 17th. Please let us know if we can help with anything. Otherwise, I will touch base again in another few weeks. Wishing you and yours a great Holiday, Bonnie Bonnie NicklienGrants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 NicklienB@bbfl.us | http://www.boyntonbeachcra.com 686 14 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Wednesday, October 26, 2022 2:57 PM To: Nicklien, Bonnie <NicklienB@bbfl.us>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 211 E. Ocean Ave Site Plan Application Date Hi Bonnie, Rodney, Anthony and I met yesterday, and Anthony is in process on this. HOWEVER, please keep reminding us. We appreciate it. 😉 Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org 687 15From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Wednesday, October 26, 2022 2:42 PM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; mrabarber@me.com; r@subculturegroup.com Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: 211 E. Ocean Ave Site Plan Application Date Good Afternoon Tony and Team, I wanted to send a friendly reminder before we all get wrapped up in the excitement of the holiday season that your site plan application to the City is due by January 17, 2023 (see paragraph 21.a. of our agreement) Please let us know if we can help coordinate any pre‐application meetings with City staff to discuss your project in more detail. Best Regards, Bonnie Bonnie NicklienGrants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9090 | 561‐737‐3258 688 16NicklienB@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. 689 From: Shutt, Thuy Sent: Saturday, September 10, 2022 4:26 PM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; 'Anthony Barber' <mrabarber@me.com>; Tack, Timothy <TackT@bbfl.us> Subject: RE: City Commission Agenda for June 21, 2022 Yes, the location is very desirable. We just want to keep this moving because we have had a lot of inquiries about the status of the Magnuson House and the historical designation. As you know, there are three new CRA Board members who also may get questions from the public also. We will keep you in the loop. From: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Saturday, September 10, 2022 2:11 PM To: Shutt, Thuy <ShuttT@bbfl.us>; 'Anthony Barber' <mrabarber@me.com>; Tack, Timothy <TackT@bbfl.us> Subject: RE: City Commission Agenda for June 21, 2022 690 Thanks Thuy. Not unexpected with such a beautiful location and property. I am sure that Anthony is on top of it and we will get you what you need. Loop me in going forward and I will help expedite the process from our end if possible. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Saturday, September 10, 2022 2:07 PM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; 'Anthony Barber' <mrabarber@me.com>; Tack, Timothy <TackT@bbfl.us> Subject: Re: City Commission Agenda for June 21, 2022 The reason why I asked about P&D staff is they have old us you will need to go through a formal site pan approval process to modify the existing approval before permitting. There they will have other City departments involved. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android Thuy Shutt, AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561-600-9098 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject 691 to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Saturday, September 10, 2022 1:59:05 PM To: Shutt, Thuy <ShuttT@bbfl.us>; 'Anthony Barber' <mrabarber@me.com>; Tack, Timothy <TackT@bbfl.us> Subject: RE: City Commission Agenda for June 21, 2022 Hi Thuy, I think Anthony just provided it yesterday. I attached the email. Is there anything else missing? I have not spoken with Planning and Development, but maybe Anthony will. I have spoken with our insurance company and once we get the contract and more specifics, as you also mentioned, we can get a bond. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Saturday, September 10, 2022 1:55 PM To: Tony Pintsopoulos <tonyp@subculturegroup.com>; 'Anthony Barber' <mrabarber@me.com>; Tack, Timothy <TackT@bbfl.us> Subject: Re: City Commission Agenda for June 21, 2022 Yes, we have been ready to sign and needed your team to completed highlighted info in the draft that was forwarded in July. As to the bond and insurance, these are specific to each job and depends on the who is on the job. We are willing to have a discussion about this if you want but we know this is more coordination than other container jobs, the City may have requirements for the prime contractor also. Have you spoken to Planning and Development staff? Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android Thuy Shutt, AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 692 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561-600-9098 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Tony Pintsopoulos <tonyp@subculturegroup.com> Sent: Saturday, September 10, 2022 12:11:46 AM To: Shutt, Thuy <ShuttT@bbfl.us>; 'Anthony Barber' <mrabarber@me.com> Subject: RE: City Commission Agenda for June 21, 2022 Thank you, but does that mean you will now sign the Purchase and Development Agreement? We came across the same issue when applying for the Bond. They were asking for a signed agreement. Also, the container proposal, attached, is a large portion of the cost and will be assembled offsite and not through any GC. We appreciate your efforts. Thanks Tony Pintsopoulos, CPA SubCulture Group, LLC 518 Clematis Street, Suite 3, West Palm Beach, FL 33401 Phone 954-689-6632 www.sub-culture.org From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Friday, September 9, 2022 11:31 PM To: Anthony Barber <mrabarber@me.com> Cc: Tony Pintsopoulos <tonyp@subculturegroup.com> 693 Subject: Re: City Commission Agenda for June 21, 2022 Ok. Will have staff make these changes since I am booked until after the CRA Board meeting on Tues. 9/13. It is good you are working on the bond but that may not be needed until you have pricing and/GC, right? A more accurate project cost may be obtained after you go through the City’s site plan approval process (in case there are other City requirements). Thanks. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android Thuy Shutt, AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561-600-9098 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 694 695 696 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 f. Project Update of the Purchase and Development Agreement with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue Ms. Shutt provided an update on the project located at 211 E Ocean Avenue. Chair Penserga left the dais at 8:35 P.M. and returned to the dais at 8:37 P.M. Ms. Julia Chip, building architect, introduced other team members and she asked for a 90-day extension for submittal on April 5. She said the documents referenced are on the drive and located in the signed documents folders. She noted this is the first request for an extension for site plan submittal. Board Member Hay asked if the Staff have seen the documents. Ms. Shutt confirmed that Staff has not seen the documents. Mr. Anthony Barber explained why the project was delayed. He stated he was given the wrong information on what was needed to be submitted to the City. Mr. Aaron Taylor, planning consultant, said they are happy to move forward but the first round of comments will tell them what they are dealing with. Ms. Duhy recommended how to handle an extension so they can avoid multiple amendments. Mr. Allen Hendricks stated he wanted to ensure all Board members he understood the site development. Board Member Kelley expressed her concern with all the extensions that are taking place in the City. She inquired when will the Board see the site plan. Mr. Barber responded that they could be ready for March yet would be more comfortable with April to bring the project to the City. Board Member Kelley commented that she will speak with Staff to understand why there are so many delays. Board Member Turkin stated that he is fine with the 90-day extension. Chair Penserga opened Public Comments. No one coming forward Chair Penserga closed the Public Comments. Motion Board Member Turkin moved to table extension to the May meeting. Board Member Hay seconded the motion. The motion passed unanimously. 697 From:Anthony Barber To:Shutt, Thuy Subject:211 E OCEAN AVE Date:Tuesday, April 25, 2023 6:30:18 PM Hello Thuy, Can you set cup a meeting with all department officials to determine if any concessions can be made regarding any potential concessions and requirements. At this point the email that I was copied on did not effectively answer all of our questions from Amanda Radigan. At this time because we are due to report, we would also request an extension at the next board meeting so that we can try and have the meeting before then. PS Please moving forward you do not have to include Mr Pinstopolous on any further correspondence as he has journeyed to be with pour heavenly Father in Heaven. - THank You Anthony Barber 698 699 700 701 1 Nicklien, Bonnie From:Utterback, Theresa Sent:Monday, May 15, 2023 9:49 AM To:Nicklien, Bonnie Subject:FW: 211 E. Ocean Ave Site Plan Application Attachments:Re: 211 E. Ocean Avenue Minor Site Plan Modification Follow up; Magnuson House_211 E. Ocean Ave_E Ocean Ave Improvement Plan Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9094 | 561‐737‐3258 UtterbackT@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Radigan, Amanda <RadiganA@bbfl.us> Sent: Friday, May 12, 2023 10:01 AM To: mrabarber@me.com; atbarber@troysbbque.com Cc: Temple, Adam N. <TempleA@bbfl.us>; Tack, Timothy <TackT@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Kim, Jae Eun <KimJ@bbfl.us> Subject: 211 E. Ocean Ave Site Plan Application Good morning Mr. Barber, My name is Amanda Radigan; I am the Planning & Zoning Director at the City of Boynton Beach. I listened to the CRA meeting on Tuesday night and wanted to reach out in case you have any questions. I spoke with Jae Eun Kim, the City’s Principal Planner who has been handling your project. I’ve attached a couple of emails for your review. Jae Eun emailed your architect February 2, the day after your pre‐application meeting, to confirm the required process the project. I also re‐confirmed the process to the CRA on March 16. I apologize if you have not been getting the 702 2 information from the various parties involved. If you have any questions please include me and Jae Eun on the correspondence. I would like to make sure you have the information need to progress forward with your proposed project. Best regards, Amanda B. Radigan To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Amanda Radigan, AICP, LEED AP Director, Planning & Zoning Development, Planning & Zoning Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6256 RadiganA@bbfl.us | boynton‐beach.org/ To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt 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. 703 1 Nicklien, Bonnie From:Kim, Jae Eun Sent:Thursday, February 02, 2023 9:08 AM To:Juliette L. Schiff Cc:Radigan, Amanda; Shutt, Thuy Subject:Magnuson House_211 E. Ocean Ave_E Ocean Ave Improvement Plan Attachments:COA 16-001 Staff Report.pdf; COA 16-001 Exhibits.pdf; COA 16-001 Approval Letter.doc; COA 16-001 Conditions of Approval.docx; Development Applications Process.pdf Good Morning Juliette, A Certificate of Appropriateness is required for any modifications to the Magnuson House. It would typically take two to three months once we receive the complete application, drawings, and documents. The Historic Resources Preservation Board (HRPB) is the decision body for the Certificate of Appropriateness. Based on the preliminary review of the conceptual plan, the project may require approval of a relief (Community Design Appeal). Therefore, the project is subject to review of a Major Site Plan Modification application, which can typically take four to six months. The application flow chart is attached to this email for reference. For further reviews of the City’s Land Development Regulations including the application requirement and review process, please visit the City’s online portal at https://map.gridics.com/us/fl/boynton‐ beach?viewMode=map&enabledLeftOverlay=showProperties&folio=08434528030040130#18/26.527337/‐ 80.061515/0/45) Lastly, HRPB reviewed a similar proposal in 2016. Attached is the staff report and Conditions of Approval of the previous application for the House. Regards, F. Site Plan, Including Time Extension and Modifications. 1. General. a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures, well-defined application processes, and information to guide the review of site plan submittals. The applicant shall schedule a pre-application conference with staff and bring the proposed site plan. b. Applicability. New site plans are either “minor” or “major” based on criteria within this section. The following applications shall be considered “major”: (1) Site plans containing more than ten (10) new multi-family dwelling units; (2) Site plans for new non-residential structures over 15,000 square feet; (3) Site plans requiring an application for Conditional Use; (4) Site plans requiring a relief application; and (5) Site plans for city-owned or operated facilities that causes a significant impact to abutting and adjacent properties, as determined by the Planning and Zoning Administrator. 704 1 Nicklien, Bonnie From:Shutt, Thuy Sent:Tuesday, March 28, 2023 3:29 PM To:Radigan, Amanda Cc:Tack, Timothy; Nicklien, Bonnie; Utterback, Theresa Subject:Re: 211 E. Ocean Avenue Minor Site Plan Modification Follow up So you are saying they will need a major SP approval because they are using a metal container structure. This is quite a departure from the pre‐app. Where did the "p" come from? That was what threw me off. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Radigan, Amanda <RadiganA@bbfl.us> Sent: Tuesday, March 28, 2023 8:18:50 AM To: Shutt, Thuy <ShuttT@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: RE: 211 E. Ocean Avenue Minor Site Plan Modification Follow up Sure. See below. Best regards, Amanda B. Radigan To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Amanda Radigan, AICP, LEED AP Director, Planning & Zoning Development, Planning & Zoning Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6256 RadiganA@bbfl.us | boynton‐beach.org/ To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Tuesday, March 28, 2023 6:16 AM To: Radigan, Amanda <RadiganA@bbfl.us> 705 2 Cc: Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: Re: 211 E. Ocean Avenue Minor Site Plan Modification Follow up Hi Amanda, A few more questions for you: 1. If they are doing what is shown on pre‐app, is this a minor site plan modification? Not sure if container concept can be treated the same way as other building types. I thought we were going to use this as a test case. Not sure if anything has changed since pre‐app. If they are proposing metal structures then a CDPA is required as metal structures are not permitted by right. If a CDPA is required then the project will be processed as a ‘major’. If they choose to use an approved building material then a CDPA would not be required and the project may be processed as a ‘minor’ (as long as other relief is not required). 4. What is a CDPA? Community Design Appeal (it’s a relief application type) Thanks, Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android Thuy Shutt, AIA, FRA‐RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9098 ShuttT@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Radigan, Amanda <RadiganA@bbfl.us> Sent: Monday, March 27, 2023 8:00:27 AM To: Shutt, Thuy <ShuttT@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: RE: 211 E. Ocean Avenue Minor Site Plan Modification Follow up 706 3 Good morning Thuy & Team, Please see my responses below. Let me know if further discussion is needed. Best regards, Amanda B. Radigan To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of Boynton Beach Sailfish Logo Amanda Radigan, AICP, LEED AP Director, Planning & Zoning Development, Planning & Zoning Mailing Address: P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. | Boynton Beach, Florida 33435 561‐742‐6256 RadiganA@bbfl.us | boynton‐beach.org/ To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Follow Us On Social Media To heproteyour privacMicroft Officepreveed automtic downad of this picturfrom the Internt Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Thursday, March 16, 2023 3:11 PM To: Radigan, Amanda <RadiganA@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: 211 E. Ocean Avenue Minor Site Plan Modification Follow up Just a quick follow up per our meeting this morning. We met with Anthony Barber and Rodney Mayo (306 NE 6th Avenue LLC) yesterday on the project to go over the timeline and action items their team will need to be able to report back to the CRA Board at the May 8th CRA meeting. Anthony indicated that their consultant has a different understanding of the requirements for the zoning approvals than what was discussed at our previous pre‐application meetings. He indicated that they would need a major site plan modification with a large checklist of documents to be submitted. Please confirm and provide the following so we can forward this information to their team (and monitor their progress for compliance with the PDA or Board directions): 1. A minor site plan modification application will be required to be submitted for the container restaurant use vs. a major site plan approval for a “relief application” – If they are keeping the historic structure, this would be a minor? A Relief Application (Community Design Appeal) would be needed for any portions of the applicable Chapter 4 regulations that are not (or cannot) be met. This would be for standards like using metal buildings, not meeting the build to line, and/or not meeting any architectural standard. A relief application requires this project be processed as “major”. 707 4 2. Please clarify relief application vs. historic designation removal (is this one in the same?) This is not the same. The request to removal the Historic Designation will require this project go to the HRP Board. This will simply add a step in the approval process. 3. A certificate of appropriateness or removal of the historical designation application may be submitted and reviewed concurrently with the minor site plan modifications as indicated by both Mike Rumpf in the CRA minutes and Jae’s email on 2/2/23 Yes. This request can go concurrently or ahead of the site plan. 4. A checklist of what would be required for this application. Specifically, there were items (e.g. traffic report, etc.) on the published checklist with a bullet that showed the documents “may” be required. This could make a difference with the consultants’ fees. No SCAD Approval is needed Sound analysis and visual impact analysis can be responded to via a narrative reviewing how each is addressed in the site plan A Historic Preservation Statement will be required. A CDPA would also require a justification statement addressing the review criteria. 5. An estimated timeline for site plan approval/historic designation removal/cert. of appropriateness and the next couple of dates for DART application submission. The process can take from 3‐6 months and would include DART, HRPB, P&D, Commission. For this scale of a project I would estimate 3‐4 months, depending on the quality of the submittal and how quickly the applicant can turn around comments. The first Wednesday of every month are the DART deadlines, however we accept applications at all times. This information would help us make recommendations to the Board. Thank you. Thuy Shutt, AIA, FRA‐RA Executive Director 708 5 Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. | Boynton Beach , Florida 33435 561‐600‐9098 ShuttT@bbfl.us | https://www.boyntonbeachcra.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e‐mail communication and your e‐mail address may be subject to public disclosure. 709 •Attachment I - Executive Director Job Posting •Attachment II - Executive Staff Hiring Process •Attachment III - Minimum Qualifications Checklist COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 OLD BUSINESS AGENDA ITEM 13.F SUBJECT: Consideration of Candidates for Selection of New Executive Director SUMMARY: On November 13, 2023, the CRA Board directed staff to advertise the Executive Director position (Attachment I). The position was advertised on LinkedIn, FRA, IEDC and Indeed. At the December 12, 2023 meeting, the Board approved the following the process, which has been previously utilized by the City of Boynton Beach to fill vacant positions (see Attachment II): Once the advertisement is closed, staff will review each resume. Staff will compile a binder for each Board Member that will contain a minimum qualification form (see Attachment III) and the resume for each candidate. At the next scheduled meeting, the CRA Board will collectively select which candidates are to be interviewed, and staff will schedule interviews with each Board Member separately. After the interviews, the CRA Board will discuss the candidates at a special or regular CRA Board Meeting and select the successful candidate, if any. If a successful candidate is chosen, the Board may direct staff to enter into contract negotiations with the successful candidate. The job listing closed on December 31, 2023, with 64 applicants. Resumes were made available to the CRA Board on January 3, 2024. FISCAL IMPACT: FY 2023-2024 General Fund Budget, Executive Department; Line Item #01-51230-100 CRA BOARD OPTIONS: 1. Direct staff to schedule interviews with the CRA Board selected candidates. 2. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 710 711 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TITLE: EXECUTIVE DIRECTOR REPORTS TO: BBCRA BOARD GENERAL DUTIES: Position manages the day-to-day operations, for the Boynton Beach Community Redevelopment Agency (BBCRA). The Executive Director is a highly responsible position that oversees a wide variety of redevelopment and economic development activities that include fiscal operations, policy making, capital project administration, BBCRA program management, redevelopment plan implementation, property acquisition, business incentives, new business development, business attraction and retention, special business promotion activities as well as the management and maintenance of BBCRA- owned properties. The Position serves as a liaison to businesses and property owners with the overall goal of enhancing the physical and economic character of the districts. Advanced professional work is focused on revitalization and community enhancement within the BBCRA Districts through redevelopment, capital improvement, and branding. EXAMPLES OF ESSENTIAL DUTIES: The examples as listed below are descriptions of essential functions and are not necessarily all inclusive. The omission of an essential function of work does not preclude the BBCRA Board from assigning duties not listed herein. Assigned duties, which are essential function of work not listed herein, are permissible if such functions are a logical assignment to the position. • Carries out the policies established by the five-member BBCRA Board which oversees the redevelopment of the six BBCRA Districts. • Oversees the day-to-day agency operations. • Provides oversight and management of Federal/State Grant programs designed to assist with redevelopment goals within the BBCRA area. • Provides comprehensive knowledge of redevelopment programs and their financing. • Develops potential incentive packages, provides market assessments/impacts, and monitors development trends. • Writes developer requests for proposals for the purpose of disposing of BBCRA land for redevelopment. • Evaluates and drafts recommended updates and amendments to the BBCRA Plan. 712 • Attend training sessions and conferences pertaining to BBCRA operations. • Prepares and manages annual BBCRA budget and compliance monitoring with F.S. Chapter 163 Part III • Assists with the development of capital projects included in the 2016 Boynton Beach CRA Redevelopment Plan; tracks the economic impact of those projects on Redevelopment activities City-wide. • Makes public presentations to the BBCRA Board, City Commission and other public/private organizations regarding BBCRA redevelopment, BBCRA business, initiatives, and focus. • Acts as a technical advisor to the Community Redevelopment Agency Board (City Commission) and BBCRA Advisory Board. • Prepares and manages BBCRA budget; identifies and accesses funding sources; maintains relationships with funding sources; administers contractual agreements with other governmental agencies. • Oversees the management and administration of capital projects within the BBCRA districts. • Promotes and disseminates information about BBCRA activities to stakeholders through media, print and social media; attends and conducts various meeting and presentations. • Negotiates and administers contracts, incentives, developer agreements, and projects; administers same. • Assist private developers and business owners with: site planning, zoning, platting, variances, incentives, and other regulatory issues associated with redevelopment and economic development in the BBCRA. • Attends monthly BBCRA Board meetings and City commission meetings in order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary. • Represents the BBCRA at community meetings regarding BBCRA matters within the scope of the BBCRA activities. • Oversees hiring of BBCRA employees, consultants, and experts as provided for in • the annual budget • Supervises BBCRA employees, consultants, and special projects. • Other duties as assigned. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of public and private financing and various debt financing mechanisms. • Knowledge of professional services contracting, bidding procedures, and contract administration. • Knowledge of the principles of budget administration and financial forecasting. • Knowledge of business correspondence and report writing. • Knowledge of the basic functions of Community Redevelopment Agencies. • Knowledge and experience with Public-Private Partnership developer negotiations and agreements. • Knowledge of the principles, techniques and objectives of a Community Development Block Grant program and HUD housing programs. 713 • Knowledge of economic development trends and techniques and the functions, operations and relationships among local, state, and federal agencies related to redevelopment and housing policies. • Ability to communicate clearly and concisely, orally and in writing. • Ability to effectively analyze issues and problems and identify optimum solutions. • Ability to plan, organize, and implement duties and responsibilities defined by desired outcomes and objectives. • Ability to gain cooperation through discussions and persuasion. • Ability to use good conflict resolution skills. • Ability to manage complex problems with multiple stakeholders. • Ability to interpret and apply the principles, practices, and procedures specified in Florida redevelopment law. • Ability to interpret and apply applica ble Federal, State, and local laws, rules, and regulations related to redevelopment programs. • Ability to use Windows-based word processing, electronic mail, spreadsheet, and database software. • An understanding of business attraction including lease negotiations in real estate. • Ability to take the initiative to complete the duties of the position without the need of direct supervision. • Ability to establish and maintain effective working relationships. • Ability to serve the public and fellow employees with honesty and integrity in full accord with the letter and spirit of all City ethics and conflicts of interest policies. A strong understanding of ethical behavior is required. • Ability to establish and maintain effective working relationships with the general public, co-workers, City officials and members of diverse cultural and linguistic backgrounds regardless of race, religion, age, sex, disability or political affiliation. • Ability to maintain regular and punctual attendance. MINIMUM QUALIFICATIONS: Bachelor’s degree from an accredited college or university with a major in business, urban planning, finance, construction management or related field and/or have a minimum of five (5) years’ experience in the public/private sector in a progressive city in real estate development, planning, project management, economic development and/or any equivalent combination of training and experience. Master’s degree preferred. Affiliations or membership with trade associations exemplifying additional education is a plus, such as Florida Planning Association, Urban Land Institute, Florida Redevelopment Association, International Council of Shopping Centers, NAIOP, IEDC, or other related associations. Professional certifications are a plus. A comparable amount of training and experience may be substituted for the minimum qualifications. PHYSICAL REQUIREMENTS: 714 Must have the use of sensory skills in order to effectively communicate and interact with other employees and the public through the use of the telephone and personal contact as normally defined by the ability to see, read, talk, hear, handle or feel objec ts and controls. Physical capability to effectively use and operate various items of office related equipment, such as, but not limited to a, personal computer, calculator, copier, and fax machine. SPECIAL REQUIREMENTS Possession of a valid, appropriate driver's license and an acceptable driving record. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 715 716 717 MINIMUM QUALIFICATIONS - EXECUTIVE DIRECTOR POSITION Candidate Name: Bachelor's degree from an accredited college or university Business Urban Planning Finance Construction Management Or Related Field Minimum of five (5) years' experience in the public/private sector in a progressive city Real estate development Planning Project Management Economic Development And/or any equivalent combination of training and experience Master's Degree Preferred Affiliations or membership with trade associations exemplifying additional education is a plus Florida Planning Association Urban Land Institute Florida Redevelopment Association International Council of Shopping Centers NAIOP IEDC Or other related associations _______________________________ Professional Certifications 718 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 OLD BUSINESS AGENDA ITEM 13.G SUBJECT: Discussion and Consideration of a Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program SUMMARY: At the September 12, 2023 CRA Board Meeting, the Board approved piggy-backing onto the City of Hollywood's contract with Circuit Transit Inc. (see Attachments I-II) for the BBCRA Pilot Ride Share Program and requested that staff provide an update prior to obtaining costs from Circuit Transit, Inc (Circuit). At the November 13, 2023 meeting, a representative from Circuit made a presentation on the proposed services for the all-electric on-demand ride sharing service (see Attachment III-IV). At the end of the presentation, the Board made consensus on the following items and directed staff to begin contract negotiations with Circuit: Service would be provided on-demand with the exception of fixed routes for special events Extend services along the Federal Highway corridor south to include SW 23rd Avenue Initial contract term of 6 months with the option to renew for an additional 6 months Contract to include the use of three GEM cars and one EV sedan Report back to the Board quarterly once the contract begins Work with staff to determine the hours/days/rates Staff has met with Circuit representatives to finalize the contract terms and conditions. The draft contract is provided as Attachment V and includes the revised negotiated terms and conditions for the Board's review and consideration. Contract to include the use of two GEM cars (with one ADA accessible) and two EV sedans The EV Sedans will be invoiced at the same rate as a GEM Vehicle 60 Vehicle hours per week per vehicle Ride share service from 10am-8pm (Sunday-Thursday) and 10am-10pm (Friday and Saturday) CRA Project Manager to coordinate with Circuit to adjust Operational Hours, Vehicle Hours, Vehicle makeup as needed, within the allotted $33,333 Monthly Budget Circuit to credit BBCRA for Electrical Service Charges 719 •Attachment I - September 12, 2023 CRA Board Meeting Minutes •Attachment II - City of Hollywood Micro-Transit Contract FY 2023 - FY 2024 •Attachment III - Circuit Presentation Update November 2023 •Attachment IV - November 13, 2023 CRA Board Meeting Minutes •Attachment V - Draft Contract •Attachment VI - Rider Survey Results •Attachment VII - Business Survey Results CRA to reimburse Circuit for costs to Modify existing electrical service to accommodate new charging equipment, if the Pilot Ride Share Program is not extended an additional 6 months after the initial 6-month term. CRA and Circuit will equally split the Net Advertising Revenue CRA staff has conducted site visits with Circuit to review potential parking/charging locations. It was determined that the best location for the Circuit vehicles would be in the north parking lot at the corner of Seacrest Blvd and Boynton Beach Blvd. The CRA will coordinate with the City to provide 4 dedicated parking stalls that will include three Level 2 EV charging stations adjacent to the existing electrical service. It should also be noted that in order to provide the dedicated parking location, electrical service for the charging, ride share service to the Ocean Front Beach Park and potential fixed route ride share service for City Events, an Interlocal Agreement with the City will be required to fund any service outside of the CRA boundaries. If approved, service would begin no later than 30 days after the Interlocal Agreement is approved at the next available City Commission meeting. CRA staff also worked with the Circuit team to distribute a survey to current Circuit riders and the residents of Boynton Beach to gather feedback on the proposed services. The survey was distributed to the public on December 21, 2023, via the Circuit user list, the CRA's social media and email subscriber list. Those survey results are provided as Attachment VI. A separate survey was created specifically to gather feedback from the small businesses located within the service area to gather their interest in using the ride sharing service for their customers/staff and gauge their interest in additional advertising opportunities through the Circuit app or car wrapping advertisements. This survey was distributed on December 21, 2023 and the results are provided as Attachment VII. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58500-470, $400,000 CRA BOARD OPTIONS: 1. Approve the Agreement with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program as presented and authorize the Board Chair to execute subject to final legal review. 2. Do not approve the Agreement as presented and provide additional direction. 3. Other options as determined by the Board. ATTACHMENTS: Description 720 721 722 City-Wide Micro-Transit Services 1 of 18 PROFESSIONAL SERVICES CONTRACT FOR OPERATION OF CITYWIDE MICRO-TRANSIT SERVICES THIS CONTRACT is being entered into this 1st day of July, 2023 (the “Effective Date”) by and between the City Of Hollywood (hereinafter the “City”), a municipal corporation of the State of Florida and Circuit Transit Inc. (hereinafter the “Company”), a corporation organized and existing under the laws of the State of Florida, having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, Florida SECTION A – Contract Overview A-1 Summary of Contract (a)The subject matter of this Contract is to provide the vehicles, operate and manage a micro-transit service in the Service Area as defined in and Exhibits “A” (Scope of Work) and Exhibit “B” - RFP-045-23-SK- CITYWIDE MICRO-TRANSIT SERVICES, Exhibit “D” (Service Areas”), and Exhibit E, which sets forth the terms and conditions for the performance of services described herein, and the execution hereof by the parties hereto forms a legally binding contract. In the event of a conflict, the City’s RFP Documents shall prevail unless otherwise stated in this Contract. (b)The Contract type is: This is a Non-Exclusive Contract. (c)The following documents are hereby incorporated into this Contract: (i)Exhibit “A” – Statement of Work (ii)Exhibit “B” - RFP-045-23-SK - Citywide Micro-Transit Services (iii)Exhibit “C” - Company’s Proposal (iv)Exhibit “D” - Service Areas (v)Exhibit "E" - Pricing A-2 Contract Amount The Contract Amount shall not exceed $1,128,942.00 USD for the performance period. A-3 Performance Period (a)The performance period commences from Effective Date and continues for a period of 12 months. This Agreement may be renewed by the parties for three one-year periods upon mutual agreement of the parties and said renewal shall be in writing in accordance with Section D-13 of this Contract. SECTION B – Statement of Work B-1 Statement of Work (a)Services will be provided in accordance with the Statement of Work set forth in Exhibits “A” “B”, “C”, ”D” and “E”, SECTION C – Special Conditions C-1 Project Manager/Company Representative (a)The City designates Mark L. Johnson as the Project Manager for this Contract, who may be contacted at: mjohnson@hollywoodfl.org or (954) 921-3991 The City will provide written notice to the Company should there be a subsequent Project Manager change. The Project Manager will be the Company’s principal point of contact at the City regarding any matters relating to this Contract, will provide all general direction to the Company regarding Contract performance, and will provide guidance regarding the City’s goals and policies. The Project Manager is not authorized to waive or modify any material scope of work changes or terms of the Contract. (b)The Company designates Jason Bagley as the Company Representative for this Contract, who may be contacted at jason@ridecircuit.com The Company will provide written notice to the City should there be a subsequent Company DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 723 City-Wide Micro-Transit Services 2 of 18 Representative change. The City has the right to assume that the Company Representative has full authority to act for the Company on all matters arising under or relating to this Contract. C-2 Pricing and Payment (a) Payment. Payment to the Company will be made only for the actual Services performed and accepted by the City, upon receipt of an invoice submitted in accordance with Section C-4, “Invoices”. (b) The City will pay the Company in accordance with the pricing set forth in Exhibit “E” – Pricing to this Contract. (a) Reimbursable Travel Expenses. There are no reimbursable travel expenses payable under this Contract. C-3 Pricing Revisions Costing adjustments shall be governed by Exhibit “B”, Section 1.70 and as set forth below: (a) For the term of this Contract, pricing may be revised for the reason(s) set forth below: ● Change in minimum wage ● Approved decision to add additional cars ● Approved decision to adjust the number of service hours ● Approved decision to add, adjust or modify additional services that increases costs for the Company (b) Each pricing revision permitted herein must be approved in writing by the Project Manager and, if approved, shall become effective thirty (30) days after notice of the change has been received by the City, or on such earlier or later date as may be agreed upon by the parties. However, any pricing changes will be governed by the City’s Purchasing Ordinance and dependent upon the revisions, City Commission approval may be required. (c) Any pricing revision permitted pursuant to this section may be delayed or denied if the Company fails to submit a timely request or fails to provide adequate documentation in support thereof. (d) Any approved pricing revision is not retroactive, and any invoice pending on the date of approval of the pricing revision shall be paid on the basis of the pricing in effect on the date services were provided. C-4 Invoices (a) The Company will submit a monthly detailed invoice to the City, in a format to be defined by the Project Manager as negotiated with Company. Each invoice shall contain the following information: (i) the date of the invoice and invoice number; (ii) the purchase order number; (iii) the Contract Item(s) according to Exhibit E – Pricing against which charges are made; and, (iv) performance dates covered by the invoice. (v) service credits offered from advertising dollars received by Company (vi) Net revenue credits received by the Company Upon reconciliation of all errors, corrections, credits, and disputes, payment to the Company will be made in full within 30 calendar days. Invoices received without a valid purchase order number will be returned unpaid. The Company shall submit the original invoice to: accountspayable@hollywoodfl.org or mail them to: City of Hollywood Accounts Payable, Room 119 P.O. Box 2229045 Hollywood, FL 33022-9045 (b) The Company shall forward a copy of the invoice to the Project Manager, with the following items: DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 724 City-Wide Micro-Transit Services 3 of 18 (i) receipts for any Reimbursable Travel Expenses, if applicable, associated with the invoice; and (ii) copy of the applicable Deliverable associated with the invoice C-5 Insurance (a) The Company shall procure and maintain, at its own expense, during the entire term of the Contract, the insurance coverages as identified in Exhibit “B”, Section 3.17: (b) The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this contract. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this contract. The City must be provided a signed statement from insurance agency of record that the full policy contains no such exception. Submit certificates of insurance to: City of Hollywood Department of Development Services P.O. Box 2229045 Hollywood, FL 33022-9045 A certified, true and exact copy of each of the project specific insurance policies (including renewal policies) required under this Section C-5 shall be provided to the City if so requested. (c) The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer and licensed by the State of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. (d) If the Company fails to carry the required insurance, the City may (i) order the Company to stop further performance hereunder, declare the Company in breach, pursuant to Section C-6, terminate the Contract if the breach is not remedied and, if permitted, assess liquidated damages, or (ii) purchase replacement insurance and withhold the costs or premium payments made from the payments due to the Company or charge the replacement insurance costs back to the Company. (e) Any subcontractor or sub consultant approved by the City shall be required to procure, maintain and submit proof of insurance to the City of the same insurance requirements as specified above, and as required in this paragraph. (f) The Company is encouraged to purchase any additional insurance it deems necessary. (g) The Company is required to make its best efforts to remedy all injuries to persons and damage or loss to any property of the City caused in whole or in part by the Company, its subcontractors or anyone employed, directed or supervised by the Company. C-6 Warranty – Services The Company warrants that the services shall be performed in full conformity with this Contract and Exhibits “A” and “B”, with the professional skill and care that would be exercised by those who perform similar services in the commercial marketplace, and in accordance with accepted industry practice. In the event of a breach of this warranty, or in the event of non-performance or failure of the Company to perform the services in accordance with this Contract, the Company shall, at no cost to the City, re-perform or perform the services so that the services conform to the warranty. However, if Company fails to perform, City may terminate this Agreement with or without cause consistent with Exhibit “A”. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 725 City-Wide Micro-Transit Services 4 of 18 SECTION D – General Conditions D-1 Legal Notice (a) All legal notices required pursuant to the terms and conditions of this Contract shall be in writing unless an emergency situation dictates otherwise. Any notice required to be given under the terms of this Contract shall be deemed to have been given when (i) received by the party to whom it is directed by hand delivery or personal service, (ii) transmitted by facsimile with confirmation of transmission, (iii) transmitted by email with confirmation of receipt by addressee, or (iv) sent by U.S. mail via certified mail-return receipt requested at the following addresses: FOR THE CITY: Project Manager City of Hollywood 2600 Hollywood Blvd., Rm. 308 Hollywood, FL 33020 WITH A COPY TO: City Attorney City of Hollywood 2600 Hollywood Blvd., Rm. 407 Hollywood, FL 33020 FOR THE COMPANY: James Mirras Circuit Transit Inc. 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 (b) The parties shall provide written notification of any change in the information stated above. (c) An original signed copy, via U. S. Mail, shall follow facsimile transmissions. (d) For purposes of this Contract, legal notice shall be required for all matters involving potential termination actions, litigation, indemnification, and unresolved disputes. This does not preclude legal notice for any other actions having a material impact on the Contract. (e) Routine correspondence should be directed to the Project Manager or the Company Representative, as appropriate. D-2 Notice of Delay (a) If timely performance by the Company is jeopardized by the non-availability of City provided personnel, data, or equipment, the Company shall notify the City immediately in writing of the facts and circumstances causing such delay. Upon receipt of this notification, the City will advise the Company in writing of the action which will be taken to remedy the situation. (b) The Company shall advise the City in writing of an impending failure to meet established milestones or delivery dates based on the Company’s failure to perform. Notice shall be provided as soon as the Company is aware of the situation; however, such notice shall not relieve the Company from any existing obligations regarding performance or delivery. D-3 Termination for Convenience The City shall have the right at any time to terminate further performance of this Contract, in whole or in part, for any reason whatsoever (including no reason) within 120-days notice and as more specifically set forth in Exhibit “B”. Such termination shall be effected by written notice from the City to the Company specifying the extent and effective date of the termination. On the effective date of the termination, the Company shall terminate all work and take all reasonable actions to mitigate expenses. The Company shall submit a written request for incurred costs for services performed through the date of termination and shall provide any substantiating documentation requested by the City. In the event of such termination, the DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 726 City-Wide Micro-Transit Services 5 of 18 City agrees to pay the Company within thirty (30) days after receipt of a correct, adequately documented written request. The City’s sole liability under this Section is for payment of costs for services requested by the City and actually performed by the Company. D-4 Event of Default (a) If, during the term of this Contract, the Company (i) fails to deliver services that comply with the specifications, (ii) fails to deliver the services within the time specified in in this Contract including Exhibit “A” (iii) fails to make progress so as to endanger the performance of this Contract, (iv) becomes insolvent, bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the Company, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the Company and is not dismissed within 30 days following commencement thereof, or (v) fails to perform any of the other obligation or requirement of this Contract, then any of the aforementioned failures shall constitute an “Event of Default” under this Contract. Events of Default shall also include those items set forth in Exhibit “B” specifically Section 1.63. (b) If there occurs an Event of Default, the Company shall be entitled to 10 calendar days from written notice thereof to remedy the Event of Default, provided, however, such is capable of being remedied within that period. If the Event of Default can be remedied, but the remedy cannot be completed within the ten-day period, the Company may be allowed such additional time as may be reasonably necessary to remedy the Event of Default, provided, however, the remedy is commenced within the 10 day period and is diligently pursued to completion. If the Event of Default is incapable of remediation, or is not remedied as required herein, the City may, in addition to any other remedies available in law or equity, invoke any of the remedies provided for under Section D-5, “Termination for Default”, below and as set forth in Exhibit “B” Section 1.64. D-5 Termination for Default (a) If the Event of Default is not remedied as required pursuant to Section D-4, “Event of Default”, the City may, by written notice to the Company pursuant to Section D-1, “Legal Notice”, terminate this Contract in whole or in part. (b) If this Contract is terminated in whole or in part because the Company has failed to provide services in compliance with the specifications by the deadline of remediation period, the City may acquire, under reasonable terms and in a manner it considers appropriate, replacement goods that are comparable to the services that the Company failed to deliver to the City, and the Company shall be liable to the City for any excess costs related thereto. If the City terminates this Contract only in part, the Company shall continue to perform the un-terminated obligations or portions of this Contract. (c) Force Majeure. This Contract shall be governed by the Force Majeure provision in Exhibit “B”, Section 7.34. (d) The City retains the right to terminate for default immediately if the Company fails to maintain the required levels of insurance, fails to comply with applicable local, state, and Federal statutes governing performance of these services, or fails to comply with statutes involving health or safety. D-6 Limitation of Funding Company acknowledges that the obligation of City to pay Company is limited to the availability of funds appropriated in a current fiscal year period, and continuation of Contract into a subsequent fiscal year is subject to the appropriation of funds, unless otherwise authorized by law. The City reserves the right to reduce estimated or actual quantities, in whatever amount necessary, without prejudice or liability to the City, if funding is not available or if legal restrictions are placed upon the expenditure of monies for the services required under this Contract. In the event of a decrease or limitation in funding the Company reserves the right to reduce service levels or suspend service as needed. D-7 Changes – Fixed-Price Goods or Services (a) The City may at any time, , and without notice to the sureties, if any, request changes within the general scope of this Contract in any one or more of the following: (i) Description of services to be performed or goods to be provided including types of vehicles and number of vehicles. (ii) Time of performance (i.e., hours of the day, days of the week, etc.). (iii) Place of performance of the services. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 727 City-Wide Micro-Transit Services 6 of 18 (iv) Time or place of delivery of goods (b) Upon written mutual agreement, Company and the City will determine the appropriate adjustment(s) to the services. (c) Any change to the cost of services will be based upon the schedule in Exhibit E: Pricing as determined by types of vehicles, number of vehicles and operating hours. (d) The Company must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order; however, if the City decides that the facts justify, the City may receive and act upon a proposal submitted before final payment of the Contract. (e) If the mutually agreed adjustment includes the cost of property made obsolete or excess by the change, the City shall have the right to prescribe the manner of the disposition of the property. (f) The Company shall provide current, complete, and accurate documentation to the City in support of any request for equitable adjustment. Failure to provide adequate documentation, within a reasonable time after a request from the City, will be deemed a waiver of the Company’s right to dispute the equitable adjustment proposed by the City, where such equitable adjustment has a reasonable basis at the time it is determined by the City. D-8 Entire Contract, Section and Paragraph Headings (a) This Contract, including all Exhibits, represents the entire and integrated agreement between the City and the Company. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Contract. (b) The section and paragraph headings appearing in this Contract are inserted for the purpose of convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the language of the sections and paragraphs to which they pertain. D-9 Severability The invalidity, illegality, or unenforceability of any provision of this Contract or the occurrence of any event rendering any portion or provision of this Contract void shall in no way affect the validity or enforceability of any other portion or provision of this Contract. Any void provision shall be deemed severed from this Contract, and the balance of this Contract shall be construed and enforced as if this Contract did not contain the particular portion or provision held to be void. The parties further agree to amend this Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this clause shall not prevent this entire Contract from being void should a provision which is of the essence of this Contract be determined void. D-10 Waiver Waiver of any of the terms of this Contract shall not be valid unless it is in writing signed by each party. The failure of the City to enforce any of the provisions of this Contract, or to require performance of any of the provisions herein, shall not in any way be construed as a waiver of such provisions or to affect the validity of any part of this Contract, or to affect the right of the City to thereafter enforce each and every provision of this Contract. Waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. D-11 Modification/Amendment This Contract shall not be modified or amended except by the express written agreement of the parties, signed by a duly authorized representative for each party. Any other attempt to modify or amend this Contract shall be null and void and may not be relied upon by either party. D-12 Assignment Neither party may assign their rights nor delegate their duties under this Contract without the written consent of the other party. Such consent shall not be withheld unreasonably. Any assignment or delegation shall not relieve any party of its obligations under this Contract. D-13 Indemnification In addition to the insurance requirements set forth in Section C-5, “Insurance”, the Company shall protect, indemnify and hold harmless the City, its officers, employees, agents, and consultants (collectively herein the “City”) from any and all DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 728 City-Wide Micro-Transit Services 7 of 18 claims, liabilities, damages, losses, suits, actions, decrees, and judgments including, attorney's fees, court costs or other expenses of any and every kind or character (collectively herein the “Liabilities”) which may be recovered from or sought against the City, as a result of, by reason of, or as a consequence of, any intentional, wrongful or negligent act or omission, on the part of the Company, its officers, employees, or agents in the performance of the terms, conditions and covenants of the Contract, regardless of whether the Liabilities were caused in part by the City. This provision includes the indemnity requirements set forth in Exhibit “A”, Section 1.46. The provisions and obligations under this section shall survive the expiration or earlier termination of this Agreement. Nothing in this Contract shall be construed to affect in any way the City’s rights, privileges, and immunities under the doctrine of “sovereign immunity” and as set forth in Section 768.28, Florida Statutes. It is expressly agreed that the Company shall defend the City against the Liabilities and in the event that the Company fails to do so, the City shall have the right, but not the obligation, to defend the same and to charge all direct and incidental costs, including attorney’s fees and court costs, to the Company. D-14 Patent Indemnity The Company hereby indemnifies and shall defend and hold harmless the City and its representatives respectively from and against all claims, losses, costs, damages, and expenses, including attorney’s fees, incurred by City and its representatives, respectively, as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent and arising out of the use of the equipment or materials furnished under the contract by the Company, or out of the processes or actions employed by, or on behalf of the Company in connection with the performance of the Contract. The Company shall, at its sole expense, promptly defend against any such claim or action unless directed otherwise by the City or its representative; provided that the City or its representatives shall have notified the Company upon becoming aware of such claims or actions and provided further that the Company’s aforementioned obligations shall not apply to equipment, materials, or processes furnished or specified by the City or its representatives. Said Patent Indemnity includes the provisions set forth in Exhibit “B”, Section 7.47, Patent and Copyright Indemnification. D-15 Audit of Records (a) In addition to the Audit requirements set forth below, the parties shall be governed by the Audit requirements set forth in Exhibit “B”, Section 7.28, Audit Rights. (b) The Company agrees to maintain the financial books and records (including supporting documentation) pertaining to the performance of this Contract according to standard accounting principles and procedures. The books and records shall be maintained for a period of three years after completion of this Contract, except that books and records which are the subject of an audit finding shall be retained for three years after such finding has been resolved. If the Company goes out of business, the Company shall forward the books and records to the City to be retained by the City for the period of time required herein. (c) The City or its designated representative(s) shall have the right to inspect and audit (including the right to copy and/or transcribe) the books and records of the Company pertaining to the performance of this Contract during normal business hours. The City will provide prior written notice to the Company of the audit and inspection. If the books and records are not located within Broward County, the Company agrees to deliver them to the City, or to an address designated by the City within Broward County. In lieu of such delivery, the Company may elect to reimburse the City for the cost of travel (including transportation, lodging, meals and other related expenses) to inspect and audit the books and records at the Company’s office. If the books and records provided to the City are incomplete, the Company agrees to remedy the deficiency after written notice thereof from the City, and to reimburse the City for any additional costs associated therewith including, without limitation, having to revisit the Company's office. The Company's failure to remedy the deficiency shall constitute a material breach of this Contract. The City shall be entitled to its costs and reasonable attorney fees in enforcing the provisions of this Section. (d) If at any time during the term of this Contract, or at any time after the expiration or termination of the Contract, the City or the City’s designated representative(s) find the dollar liability is less than payments made by the City to the Company, the Company agrees that the difference shall be either: (i) repaid immediately by the Company to the City or (ii) at the City’s option, credited against any future billings due the Company. D-16 Confidentiality – City Information (a) The parties acknowledge that this Contract is subject to Chapter 119, Florida Statutes, entitled the “Public Records Act”. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 729 City-Wide Micro-Transit Services 8 of 18 (b) All information, including but not limited to, oral statements, computer files, databases, and other material or data supplied to the Company is confidential and privileged. The Company shall not disclose this information, nor allow to it be disclosed to any person or entity without the express prior written consent of the City. The Company shall have the right to use any such confidential information only for the purpose of providing the services under this Contract, unless the express prior, written consent of the City is obtained. Upon request by the City, the Company shall promptly return to the City all confidential information supplied by the City, together with all copies and extracts. (c) The confidentiality requirements shall not apply where (i) the information is, at the time of disclosure by the City, then in the public domain; (ii) the information is known to the Company prior to obtaining the same from the City; (iii) the information is obtained by the Company from a third party who did not receive the same directly or indirectly from the City; or (iv) the information is subpoenaed by court order or other legal process, but in such event, the Company shall notify the City. In such event the City, in its sole discretion, may seek to quash such demand. (d) The obligations of confidentiality shall survive the termination of this Contract. D-17 Marketing Restrictions The Company may not publish or sell any information from or about this Contract without the prior written consent of the City. This restriction does not apply to the use of the City’s name in a general list of customers, so long as the list does not represent an express or implied endorsement of the Company or its services. This restriction does not apply to general marketing of the services to promote and inform the public about the services. D-18 Taxes/Compliance with Laws (a) The Company, in the performance of the obligations of this Contract, shall comply with all applicable laws, rules and regulations of all governmental authorities having jurisdiction over the performance of this Contract including, but not limited to, the Federal Occupational Safety and Health Act. D-19 Licenses/Registrations During the entire performance period of this Contract, the Company shall maintain all federal, state, and local licenses, certifications and registrations applicable to the work performed under this Contract, including maintaining an active City of Hollywood business license if required. D-20 Non-Discrimination and Fair Employment Practices (a) Discrimination: The City of Hollywood is committed to promoting full and equal business opportunity for all persons doing business in Hollywood. The Company acknowledges that the City has an obligation to ensure that public funds are not used to subsidize private discrimination. Company recognizes that if the Company or their subcontractors or subconsultants are found guilty by an appropriate authority of refusing to hire or do business with an individual or company due to reasons of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status; City may declare the Company in breach of contract and terminate Contract. (b) Fair Employment Practices: In connection with the performance of work under this Contract, the Company agrees not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status. Such agreement shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (c) The Company further agrees to insert this provision in all subcontracts hereunder. Any violation of such provision by a Company shall constitute a material breach of this Contract. D-21 Employment of Unauthorized Aliens In accordance with the Immigration Reform and Control Act of 1986, the Company agrees that it will not employ unauthorized aliens in the performance of this Contract. D-22 Conforming Services DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 730 City-Wide Micro-Transit Services 9 of 18 The services performed under this Contract shall conform in all respects with the requirements set forth in this Contract. The Company shall furnish the City with sufficient data and information needed to determine if the services performed conform to all the requirements of this Contract. D-23 Independent Contractor In the performance of services under this Contract, the Company and any other person employed by it shall be deemed to be an independent contractor and not an agent or employee of the City. The Company shall be liable for the actions of any person, organization or corporation with which it subcontracts to fulfill this Contract. The City shall hold the Company as the sole responsible party for the performance of this Contract. The Company shall maintain complete control over its employees and all of its subcontractors. Nothing contained in this contract or any subcontract awarded by the Company shall create a partnership, joint venture or agency with the City. Neither party shall have the right to obligate or bind the other party in any manner to any third party. D-24 Official, Agent and Employees of the City Not Personally Liable It is agreed by and between the parties of this Contract, that in no event shall any official, officer, employee, or agent of the City in any way be personally liable or responsible for any covenant or agreement therein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this Contract. D-25 Public Records The City is a public agency as defined by state law and is governed by Chapter 119, Florida Statutes, “Public Records Act”. The City’s Records are public records, which are subject to inspection and copying by any person (unless declared by law to be confidential). The following provisions are required by Section 119.0701, Florida Statutes, and may not be amended. Company shall comply with the public records law. Company shall keep and maintain public records required by the City in the performance of services under this Contract. Upon request from City’s custodian of records, Company shall provide City with a copy of any requested public records or to allow the requested public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Company shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract’s term and following completion of the Contract if Company does not transfer the public records to City. Upon completion of the Contract, Company shall transfer, at no cost, to City, all public records in its possession or keep and maintain public records required by City to perform the services required under this Contract. If Company transfers all of the public records to City upon completion of the Contract, Company shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Company keeps and maintains public records upon completion of the Contract, Company shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the city’s custodian of public records, in a format that is compatible with the information technology systems of the City. IF A PARTY TO THIS CONTRACT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT PATRICIA A. CERNY, CITY CLERK CUSTODIAN OF PUBLIC RECORDS AT (954) 921-3211, PCERNY@HOLLYWOODFL.ORG, 2600 HOLLYWOOD BLVD., HOLLYWOOD, FLORIDA 33020 AND STEVE STUART DIRECTOR OF PROCUREMENT AT (954) 921-3628 SSTEWART@HOLLYWOODFL.ORG. D-26 Use By Other Government Entities A governing body or its authorized representative and the State of Florida may join or use the contracts of local governments located within or outside this State with the authorization of the contracting vendor. It is understood and agreed by Company and the City that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this Agreement. It is also understood and agreed that each local entity will establish its own contract with Company, be invoiced therefrom and make its own payments to Company in accordance with the terms of the contract established between the new governmental entity and Company. In the event the Company allows another governmental entity to join the Contract, it is expressly understood that the City shall in no way be liable for the obligations of the joining governmental entity. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 731 City-Wide Micro-Transit Services 10 of 18 D-27 Governing Law This Contract, including appendices and Exhibits, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence or otherwise), shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and notwithstanding application of conflicts of law principles. The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. D-28 Counterpart Signatures This Contract may be executed in counterparts. All such counterparts will constitute the same contract and the signature of any party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by facsimile or e-mail and upon receipt will be deemed originals and binding upon the parties hereto, regardless of whether originals are delivered thereafter. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives. CITY OF HOLLYWOOD COMPANY Name, Title Name, Title Date ATTEST: Date APPROVED AS TO FORM: Name, Title Date DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358 CEO 6/14/2023 DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 7/17/2023City Attorney Mayor 7/17/2023 732 City-Wide Micro-Transit Services 11 of 18 EXHIBIT A – STATEMENT OF WORK Company to develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) in the areas identified in Exhibit D The Service will have the ability to be on demand and include smart stops as specified in this Statement of Work The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate throughout downtown Hollywood, the Beach, and portions of West Hollywood. The Service shall: ● Operate in two micro-transit zones (MTZ-1/MTZ-2), covering approximate 4.6 square miles of coverage area, and provide on-demand service as illustrated in Exhibit D. ● Operate a 6-month on-demand pilot test (MTZ-3), covering approximately 1.97 square miles of coverage area as illustrated in Exhibit D. ● Operate a Pilot Fixed Route service between designated pick-up locations within Hollywood West and designated Beach/Downtown locations using a E-van from MTZ-1 as illustrated in Exhibit D ● Ability to supplement any part of the service with a fixed route if deemed necessary through data and public needs. ● Hours of operation and headways are to be initially proposed by Company until the level of demand is identified after a few months of operation and data collection. ● Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. ● Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. ● Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. ● Feature a mobile application downloadable from both the Apple Store and Google Play Store with which will have the ability to charge a fee for service via a secured credit card payment system. ● Feature a mobile application where the user will be able to locate his or her position and contact the next approaching vehicle with approximate wait times. ● Provide a dedicated phone line so that users can call and request assistance. ● System will be operational within 45 days from Notice to Proceed to include vehicle procurement, financial operating plan, sufficient liability coverage and mobile application. Service will be adjusted based upon needs identified from six months of data and the availability of funds. Once six months of data is received and analyzed per Data Reporting requirements in Section 1.9, b. the City and Company shall meet and negotiate terms for the year two renewal period. Ridership, service levels, service area, number of vehicles, ad revenue, fare revenue and overall contract performance will be determining factors in determining if service will remain the same or expand based on ridership demand. 1.1 Mobile Application a. Company to provide a mobile application which allows riders to request pick up and drop off locations. b. Ability to allow the user to connect from one mirco-transit zone to another (MTZ-2 and MTZ-3 will be combined into a single zone for the purpose of the pilot test) c. At no cost to the City, maintain updates to the application and be compatible to smart phones and other mobile devices. d. Provide ability to charge a fee per rider and issue discounts via promo-codes. e. Provide users with approximate time until pick up. f. Allow users to rate drivers and provide feedback. g. Feature a Google Maps based map (or equivalent) that identifies the boundaries of each Service Area. h. After a ride request has been accepted by a driver, depict the real-time location of vehicles on a map of the appropriate Service Area. i. Ability to track party and usage data. 1.2 Marketing and Branding a. In coordination with the City of Hollywood, the Company will develop and implement a branding strategy. Company will not implement any branding strategy without prior written approval from the City. Any changes to the branding strategy must be approved in writing by the City prior to implementation. b. Company to develop and implement a marketing program to promote awareness of the program. The City will have the right to request changes to the marketing program. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 733 City-Wide Micro-Transit Services 12 of 18 c. The City retains the right to review marketing materials prior to use and request changes or withdrawal of any marketing materials. 1.3 Vehicles and Infrastructure a. Company to procure, store, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. i. Fleet Size. Unless the parties agree otherwise, Company will acquire and operate at its own expense no fewer than 8 GEM vehicles (includes one ADA accessible GEM on standby), 2 EV Vans (1 ADA Accessible), and 1 EV Sedan as part of this Service. Company to maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. b. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. c. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Contract, Company may include but is not limited to branding to all wheels, hoods, front panels, coping, roof and rear fenders unless otherwise approved by the City. ii. Company to develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the City. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Contract, unless otherwise approved by the City. d. Licensing. Company to obtain and maintain proper licensing and registration of all vehicles at all times. e. Charging. The City will make available to the Company, City owned charging stations for vehicles although the City cannot ensure the availability of charging stations to service all vehicles in the fleet to satisfy the levels of service required by this Contract. Company to ensure charging stations are available to adequately service all vehicles in the fleet to satisfy the levels of service required by this Contract. f. Storing. The City will provide parking and operation space in a City-owned parking facility. Company will be responsible for storing and securing vehicles during times of non-operation. g. Maintenance and replacement. At Company’s sole cost, Company to maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. Vehicles to be free of graffiti, vandalism, defacement and other damage to the satisfaction of the City. Company will replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations or it is no longer able to be maintained in accordance with the requirements of this Contract. Company to use its best efforts to restore non-operational vehicles to operation within 10 business days from the date of any incident requiring the vehicle to be removed from operation. Company to provide verbal and written notice of the City of any delay in restoring a non- operational vehicle that extends beyond ten (10) business days from the date of malfunction. If the city determines that any such delay is due to Company’s lack of diligence the City will have the right to pursue any remedy provided for in this Contract or at law or equity. 1.4 Staffing a. General. Company to provide sufficient staffing to maintain levels of service required by this Contract. All persons provide services pursuant to this Contract will be employees, contractors or consultants hired by the Company. Company is solely responsible for all staffing decisions made pursuant to this Contract. b. Drivers. Company to obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Company will not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Company will not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Company to review each driver’s driving and criminal records at least annually. c. Company to provide Living Wage and tips. 1.5 Attaining and Maintaining Levels of Service (LOS) a. General. Company to provide an LOS that meets customer demands at all times of Service operations. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 734 City-Wide Micro-Transit Services 13 of 18 b. Service Level review. Company and City to meet at least annually to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. 1.6 Trip Sharing a. The Services may permit drivers to transport more than one (1) party but no more than Five (5) parties in GEM vehicles, Three (3) parties in an E-Sedan, and Twelve (12) parties in the E-van, and Eight (8) parties in the ADA E-van simultaneously under the following conditions: i. Each passenger has a separate seatbelt. ii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. 1.7 Operational Requirements a. Company and all its employees, officers, managers, staff, subcontractors and subconsultants will comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Contract including but not limited to all laws and regulations regarding the safe operation of vehicles. Company to prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. b. Company must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Transportation Authority. Company is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. c. Company to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. d. Company and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. e. Company is permitted to establish reasonable restrictions on the provision of services to non-service animals. 1.8 Operating Hours a. Company to provide the Service for 11 hours per day, seven days (7) days per week for MTZ Zone 1 b. Company to provide the Service for 8 hours per day, seven (7) days per week for MTZ Zone 2 c. Company to provide the Service for 8 hours per day, seven (7) days per week, for 6 months for MTZ Pilot Zone 3 d. Company to remove 1 EV-van from service in MTZ-1 to provide Fixed Route Service 2 days per week for a period of 6 months between established pick-up/drop off locations within MTZ 2 & 3 and the Hollywood Historic Downtown and the Beach area. e. After the Data Review, hours of operation may be adjusted as mutually agreed upon in writing by the parties. 1.9 Levels of Service Reporting a. Company to provide the city with monthly, quarterly and annual level of service and operations/financial reports for each micro-transit zone. Upon request, Company will provide the City with weekly level of service reports for each micro-transit zone. b. Data Reports to include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received on a daily, weekly and monthly basis. c. Quarterly Reports d. Annual Reports DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 735 City-Wide Micro-Transit Services 14 of 18 1.10 Operational/Financial Report within thirty (30) days after each month, quarter and year, as applicable Company to submit to City Operational/Financial Reports containing the following information: a. Annual budget b. Annual and monthly financial information include revenue generated (including advertisement sales and miscellaneous revenue), expenses and capital resources. 1.11 Advertisement Sales a. Company shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Advertising Revenue in the amount of $115,100.00 shall be guaranteed annually (Annual Guaranteed Amount). All Advertising Revenue collected by the Company above the Annual Guaranteed Amount will belong to the Company. Company shall credit the City’s monthly invoices for each MTZ with a prorated portion of the Annual Guaranteed Amount as shown in Exhibit E (Pricing). 1.12 Ridership Fares a. Company shall collect ridership fares for the services. b. Company shall credit the City’s monthly invoice for each micro-transit zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. c. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less all costs and expenses, including but not limited to sales taxes or other taxes imposed by law, Company administrative expenses, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Company will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 736 City-Wide Micro-Transit Services 15 of 18 EXHIBIT B – RFP-045-23-SK - Citywide Micro-Transit Services DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 737 REQUEST FOR PROPOSAL RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES FOR THE CITY OF HOLLYWOOD, FLORIDA (CITY) RFP Issue Date: February 1, 2023 Questions Due Date: February 22, 2023 Submittal Due Date: March 9, 2023, 3:00 pm DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 738 City of Hollywood RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES TABLE OF CONTENTS I. SUMMARY ............................................................................................................ II. INTRODUCTION ................................................................................................... III. SPECIAL TERMS AND CONDITIONS .................................................................. IV. SCOPE OF SERVICE ........................................................................................... V. EVALUATION CRITERIA ...................................................................................... VI. EVALUATION COMMITTEE ................................................................................. VII. GENERAL TERMS AND CONDITIONS ................................................................ VIII. PROPOSAL SUBMISSIONS ................................................................................. Attachments: A - EXHIBIT A - CSP_Routes_and_Schedules B - Exhibit B-MTZ_Zones C - Exhibit C-Pricing DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 739 3 1. SUMMARY 1.1. Summary The City is seeking shared public sector transit services that offer dynamically allocated routes and schedules in response to individual or aggregate consumer demand, using smaller vehicles and capitalizing on mobile GPS and internet connectivity. The City has successfully funded the operation of a micro-transit service in the downtown and A1A corridor for the last 4 years. The micro transit services have been well accepted with increasing ridership. The Current contract is set to expire and would like the opportunity to solicit new proposals that would complement a new community shuttle service as well as expansion of the service to other areas of the City, especially west of I-95. The goal of the micro-transit service will be to transition paratransit customers by transporting them in a less expensive manner to a fixed route transfer point and/or address areas in the City with high concentrations of older and low-income residents who need access to transit. Any rider fees will be determined by the City and 100% of all net proceeds from fees generated by riders will be returned to the City in the form of a credit to each monthly invoice. The City has the right to audit the Contractor’s collection of fees. The successful Vendor/Contractor will have demonstrated demand response experience particularly in areas with no existing service. The Contractor will own or have access to a fleet of environmentally friendly and sustainable vehicles that include fully accessible minibuses with capacity between 12 and 28 passengers. Vehicles should be small enough for energy efficiency, but large enough to handle occasional larger demands (schools, employment centers, transfer stations). Smaller low speed electric vehicles may be used on smaller streets and more acceptable neighborhoods. The strategic objective of this initiative is to identify and implement a sustainable micro -transit system that moves people to and from their destination. Another strategic objective is that over time this program will transition to being fully supported by the business community in Hollywood, Hollywood Beach, and the surrounding area. 1.2. Background Currently the City plans to operate a Community Shuttle System with three fixed routes (Northwest Loop - City Hall to N. Beach Park, A1A Loop - N. Beach Park to E Hallandale Blvd. and a Southeast Loop - City Hall to Pembroke Rd.) The fixed route system is expected to be operational by mid-2023 and will provide public transportation service to improve mobility, and ease parking demand and traffic congestion. This service is funded by Broward County Transit. In addition, there are Broward County buses, routes #1, 4, 7, 9 and US1 Breeze, providing services on a daily basis. 1.3. Contact Information Simone Knight Senior Purchasing Agent Email: sknight@hollywoodfl.org Phone: (954) 921-3200 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 740 4 Department: Development Services (Engineering, Building, Code Compliance, Community Development and Planning) 1.4. Timeline Release Project Date February 1, 2023 Pre-Proposal Meeting (Non- Mandatory) February 9, 2023, 10:00am Join from the meeting link https://cohfl.webex.com/cohfl/j.phpMTID=m6cb a791171165ad4ecd518f286c6c012 OR Join by meeting number Meeting number (access code): 2633 159 9680 Meeting password: 9PEjbnnYC32 OR Join from a mobile device (attendees only) +1-408-418-9388 Meeting number (access code) 2633 159 9680 Question Submission Deadline February 22, 2023, 5:00pm Proposal Submission Deadline March 9, 2023, 3:00pm DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 741 5 2. INTRODUCTION 2.1. Purpose The City of Hollywood, Florida (City) is seeking responses from qualified and experienced firms, hereinafter referred to as the Contractor or Proposer, to provide Micro -transit rider services for the City, in accordance with the terms, conditions, and specifications contained in this solicitation. Responses to this solicitation are due by Thursday, March 9, 2023 at 3:00 pm, and will be opened in a virtual public setting on March 1, 2023 at 4:00PM (EST) at https://cohfl.webex.com/cohfl/j.php?MTID=m2fa08f6728891bc5bc2d389b3a3e4290 . Submittals shall be received electronically through OpenGov Procurement. Hard copy submittals will not be accepted. Submittals shall be considered an offer on the part of the bidder/proposer, which offer shall be deemed accepted upon approval of the City, and in case of default, the City reserves the right to accept or reject any or all bids/proposals, to waive irregularities and technicalities, and request new bids/proposals. The City also reserves the right to award any resulting agreement as it deems will best serve the interests of the city. 2.2. Pre-Proposal Conference and/or Site Visit (Non-Mandatory) There will be a non-mandatory pre-proposal conference and/or site visit scheduled for this solicitation. Attendance is required if the event is mandatory, and in the event that it is non- mandatory, it is strongly suggested that all Contractors attend the pre-proposal conference and/or site visit to receive information that may be critical to their understanding of this solicitation. Please keep in mind that site visits at other times might not be available. It is the sole responsibility of the Contractor to become familiar with the scope of the City’s requirements prior to submitting a proposal. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 2.3. OpenGov The City of Hollywood uses Opengov, the e-Procurement Portal (“Portal”) (https://procurement.opengov.com/portal/hollywoodfl/projects/36720) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision. The City shall not be responsible for a Proposer’s inability to submit a proposal by the proposal end date and time for any reason, including issues arising from the use of OpenGov. 2.4. Point of Contact For information concerning procedures for responding to this solicitation, contact the Point of Contact within the Office of Procurement Services, Simone Knight, Senior Purchasing Agent at sknight@hollywoodfl.org or by phone at (954) 921-3200, or Steve Stewart, Chief Procurement Officer (CPO), at sstewart@hollywoodfl.org or by phone at (954) 921-3232. Such contact is to be for clarification purposes only. All questions must be submitted in writing via the Portal by Wednesday, February 22, 2023, by 5:00 pm, in order to receive a timely response. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 742 6 Project Manager: Solange Baquero, Administrative Specialist II, at dbaquero- meza@hollywoodfl.org or by phones at (954) 921-3900 Ext: 6641. For information concerning technical specifications, please utilize the question and answer feature provided by the Portal at https://procurement.opengov.com/portal/hollywoodfl. Questions of a material nature must be received prior to the cut-off date specified in the solicitation schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of the the Project Page). Proposers please note: No part of your proposal can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire proposal response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in the Portal shall become part of any contract that is c reated from this solicitation. It is the sole responsibility of the Proposer to ensure that their proposal is submitted electronically through the Portal. 2.5. Cone of Silence The City of Hollywood City Commission adopted Ordinance No. O-2007-05, which created Section 30.15(F) imposing a Cone of Silence for certain City purchases of goods and Services. The Cone of Silence refers to limits on communications held between vendors and vendor’s representatives and City elected officials, management and staff during the period in which a Formal Solicitation is open. The Ordinance does allow potential vendors or vendor’s representatives to communicate with designated employees for the limited purpose of seeking clarification or additional information. The names and contact information of those employees that may be contacted for clarification or additional information are included in the solicitation. The Cone of Silence does not prohibit a vendor or vendor’s representative from communicating verbally, or in writing with the City Manager, the City Manager’s designee, the City Attorney or the City Attorney’s designee on those procurement items to be considered by the City Commission. The Cone of Silence does not prohibit a vendor or vendor’s representative from making public presentations at a duly noticed pre-proposal conference or duly noticed evaluation committee meeting or from communicating with the City Commission during a duly noticed public meeting. The Cone of Silence shall be imposed when a formal competitive solicitation has been issued and shall remain in effect until an award is made, a contract is approved, or the City Commission takes any other action which ends the solicitation. To view the Cone of Silence, go to the City of Hollywood Code of Ordinance online, and view Section 30.15F. All communications regarding this solicitation should be sent in writing to the Procurement Services Division as identified in this solicitation. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 743 7 3. SPECIAL TERMS AND CONDITIONS 3.1. Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Point of Contact utilizing the question and answer feature provided by the Portal and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question and answer feature provided by the Portal and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by an official written addendum issued by the City and uploaded to the Portal as a separate addendum to the solicitation. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 3.2. Changes and Alterations Proposer may change or withdraw a proposal at any time prior to proposal submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the proposal deadline. 3.3. Proposer’s Costs The City shall not be liable for any costs incurred by Proposers in responding to this solicitation. 3.4. Pricing/Delivery All pricing must include delivery and installation and be quoted FOB: Destination, unless specified otherwise in #SCOPE OF SERVICE section . 3.5. Price Validity Prices provided in this solicitation shall be valid for at least One-Hundred and Twenty (120) days from time of solicitation opening unless otherwise extended and agreed upon by the City and Proposer. 3.6. No Exclusive Contract Proposer agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option. 3.7. Responsive In order to be considered responsive to the solicitation, the firm’s proposal shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 744 8 3.8. Responsible In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 3.9. Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Proposer must demonstrate that they have successfully completed services, as specified in the #SCOPE OF SERVICE section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed (if required) to perform such work. In addition, the Proposer must have no conflict of interest with regard to any other work performed by the Proposer for the City. 3.10. Award of Contract Award may be in the aggregate, or by line Item, or by group, whichever is determined to be in the best interest of the City. Award will be made to the responsive and responsible Proposer, quoting the lowest price, for that product/service that will best serve the needs of the City. The City also reserves the right to accept or reject any or all proposals, part of proposals, and to waive minor irregularities or variations to specifications contained in proposals, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. 3.11. Manufacturer/Brand/Model Specific Request This is a manufacturer/brand/model specification. No substitutions will be allowed unless specified in the #SCOPE OF SERVICE section. 3.12. Contract Period The initial contract term shall commence upon date of award by the City for a one (1) year term. The City reserves the right to renew the contract for three additional one-year terms, providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 120 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 3.13. Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 745 9 3.14. Rules and Submittals of Proposals The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal proposer. 3.15. Conflict of Interests Prohibited Any respondent submitting a response to this solicitation is responsible for being aware of, and complying with Section 34.02 of the City Code of Ordinances. If you have questions concerning whether you may or may not need to comply with the ordinance, please contact the City of Hollywood, City Clerk’s Office at 954-921-3211. 3.16. Protest Procedure Any respondent who is not recommended for award of a contract and who alleges a failure by the City to follow the City’s Procurement Code or any applicable law may protest to the CPO, by delivering a letter of protest to the CPO in accordance with Section 38.52 of the City’s Procurement Code within five days after a notice of intent to award is posted on the City’s web site, BIDSYNC, City Clerk’s Office, Open Government, and/or City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140). 3.17. Insurance Requirements Contractor shall maintain, at its sole expense, during the term of this agreement the following insurances: A. Commercial General Liability Insurance naming the City as an additional insured with not less than the following limits: General Aggregate $1,000,000 Products-Comp/Op Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Coverage shall include contractual liability assumed under this agreement, products and completed operations, personal injury, broad form property damage, and premises- operations. B. Commercial Automobile Liability Insurance naming the City as an additional insured with not less than the following limits: Combined Single Limit $1,000,000 Coverage shall include contractual liability assumed under this agreement, owned, hired and non-owned vehicles. Worker’s Compensation: DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 746 10 C. Worker’s Compensation Insurance Prior to the commencement of work governed by this contract, the contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable State statues. Limits of Liability: Statutory-State of Florida Covering the contractor and the contractor’s employees with not less than the following limits: Employers Liability: $100,000, bodily injury by accident $500,000 bodily injury by Employee $500,000 bodily injury by Policy Limit The City of Hollywood needs to be the certificate holder as per the following format: City of Hollywood (nothing else on this line) Name of Department Department Address Department Address Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. Please Note: The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days prior written notice has been given to the City. Certificates of insurance, reflecting evidence of the required insurance, shall be provided to the City. In the event the Certificate of Insurance provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement or extension thereunder is in effect. The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this bid/proposal. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this bid/proposal. In order to show that this requirement has been met, along with an insurance declaration sheet demonstrating the existence of a valid policy of insurance meeting the requirements of this bid/proposal, the successful proposer must submit a signed statement from insurance agency of record that the full policy contains no such exception. The City reserves the right to require additional insurance in order to meet the full value of the contract. The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 747 11 3.18. Uncontrollable Circumstances (Force Majeure) The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 3.19. Supplier Portal (Oracle) Payment Method The City has implemented software that contains a supplier portal allowing suppliers to submit and update their information via the supplier portal. New suppliers will be required to register; and current suppliers will need to confirm and update their information. Firms are responsible for ensuring that all contact, payment, and general information is updated at all times, and will not hold the City liable for any inaccurate information. 3.20. Debarred or Suspended Bidders or Proposers Firm(s) certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any federal, state, county or municipal department or agency. 3.21. Public Records/Trade Secrets/Copyright All responses will become the property of the City. The Consultant’s response to the solicitation is a public record pursuant to Florida law and is subject to disclosure by the City pursuant to Chapter 119.07, Florida Statutes (“Public Records law”). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this solicitation and the Contract to be executed for this solicitation, subject to the provisions of Chapter 119, Florida Statutes. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 748 12 Any language contained in the Consultant’s response to the solicitation purporting to require confidentiality of any portion of the Consultant’s response to the solicitation, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Consultant submits any documents or other information to the City that the Consultant claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Consultant shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Consultant must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Consultant’s response to the solicitation constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Consultant agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE SOLICITATION AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE SOLICITATION OR ANY PART THEREOF AS COPYRIGHTED. 3.22. PUBLIC RECORDS GENERAL Consultant shall: A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Consultant does not transfer the records to the City. D. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of this Contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of this Contract, DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 749 13 the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. It is solely and exclusively the Contractor’s responsibility to familiarize itself with Chapter 119, Florida Statutes, and to ensure compliance with its requirements. 3.23. Tie Breaker In cases where there is a tie for the bid award, the award shall be made by giving preference to the low bidder(s) with the following items (in this order): • (1) maintenance of a drug-free workplace in accordance with the requirements of Florida Statutes Section 287.087, • (2) local Hollywood vendor preference, • (3) closest proximity/location to project site or City Hall, and/or • (4) minority-owned or disadvantaged business status. If a tie still exists after the aforementioned tiebreakers are utilized, the Chief Procurement Officer will make a recommendation for award among the tied bidders. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 750 14 4. SCOPE OF SERVICE 4.1. Project Description The successful Vendor/Contractor will provide a year-round micro-transit program that provides connectivity to the Community Shuttle Program (CSP), this includes areas along the US 1/Federal Highway Corridor, Historic Downtown, and Hollywood Beach areas. In addition, the service will provide connectivity to various points of interest and Transportation hubs in areas west of the City designated as micro-transit zones. The service must be reliable, predictable and easy to access. Program may include supplementary service during special events requiring vehicles, personnel and resources. Circulator services may also expand to other areas of the City to support mobility options and reduction of traffic congestion as determined by the City and City Redevelopment Agency (CRA). The applicant should provide as part of their proposal a tentative schedule of service based on their experience in similar markets and assessment of demand in the area. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA. 4.2. Technical Specifications The use of environmentally friendly vehicles is preferred and must meet required ADA accessibility standards. The Contractor will provide the necessary vehicles, staff, and resources to service the estimated schedule in Exhibit A - CSP Routes and Schedules throughout the term of the contract. There is no need to have vehicles equipped with GPS units although it is preferred. The Contractor shall provide professional, experienced, well-groomed hospitality-oriented personnel and resources to communicate engagingly with riders while answering their questions. Personnel must hold the required, up-to-date applicable licenses, if required, have a clean driving record and be comfortable speaking knowledgably about the City/CRA as a visitor destination. The ability to converse in English is required. Bilingual drivers and other languages (French and Spanish) is desirable, but not required. All drivers must participate in a Florida Department of Transportation (FDOT) approved drug testing program. The City/CRA reserves the right to require the immediate dismissal of any personnel who fail to meet the standard outlined above. Relief personnel shall be readily available and provided by the Vendor throughout the term of the contract. The Contractor will ensure that all personnel assigned to this program wear professional, standardized, uniforms that are clean and well-pressed at all times. The Contractor will be responsible for appropriate storage, maintenance, and operational safety of all vehicles provided for this effort. The Contractor will be responsible for replacing vehicles that break down or have mechanic problems at no extra cost to the City/ CRA. The replacement should be addressed during shift when possible but no longer than 12-24 hours from the time of the event. In the event a vehicle needs to be replaced, such replacement vehicle shall match wrapping and conditions of the vehicle that needs repairs. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 751 15 Applicants are encouraged to provide risk mitigation plans below for different time frames for vehicles to be out of service (i.e., one day, one week, one month) The Contractor will a provide a secure website and cell phone application that allows users to quickly locate and secure a ride. The application should be downloadable from the Apple Store or Play Store. The website and cell phone application should also have the ability to charge a fee for service via secure encrypted credit card payments. 4.3. Contractor Qualifications The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five (5) years' experience and at least two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration. The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: The minimum requirement by the City is that all drivers must be enrol led in an approved FDOT drug testing program and have passed a drug screening test, have the required FL driver license, and a favorable background investigation. 4.4. Deliverables and Objectives The following deliverables are required: A. Auditing tools to track vehicle usage and gross/net revenues from passenger fees and advertising. Generation of monthly reports that provide ridership totals, service heat maps with micro-transit zone usage, demand and capability analytics. In addition, reports shall contain driver performance metrics such as riders per hour, wait times, and the number of missed pick-ups. B. Reliable Transit Program. Documented daily vehicle safety inspections prior to start of day, and a documented preventive maintenance program. Reporting frequency will be determined between the City/CRA and the Contractor's ridership totals. C. Risk Mitigation Plan. A written plan that addresses risks associated with the operation of the micro transit program and mitigation strategies that will be used by the Contractor to minimize risk. D. Maintenance/Recovery Plan. The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. 4.5. Project Area There are three (3) Micro-Transit Zones (MTZ). Each MTZ will be finalized following award and may be modified based on ridership and need. Each MTZ is described in the attached Exhibit B - MTZ Zones. 4.6. Schedule of Performance The applicant will provide a tentative schedule of service based on their experience in similar markets. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA and provider. Offerors are encouraged to provide service connecting downtown and the beach and must provide adequate description on how the service will do this and overcome challenges. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 752 16 4.7. Advertising and Revenue Sharing ADVERTISEMENT SALES SERVICES. (a) The Contractor will sell space upon its vehicles for the display of commercial advertising. The purpose is to raise revenues to partially finance the operation of the micro-transit services. (b) The Contractor will pay to the City 50% of the Net Advertising Revenue received by the Contractor in connection with all (i) exterior advertising sales; (ii) interior video advertising sales; (iii) event marketing campaign sales; and (iv) marketing efforts for advertising sales (collectively, the “Advertisement Sales Services” and the advertisements so sold, the “Advertisements”). Net Advertising Revenue means the gross advertising revenue received less all-other costs and expenses, including but not limited to advertisement design and production costs, incurred by the Company in connection with providing the Advertisement Sales Services. (c) The Contractor shall determine the methods, details, and means for performing the Advertisement Sales Services. The Contractor will not accept advertising content that includes or is related to the below (1-7) without the prior written approval from the City. 1. Discriminates against a person or section of the community on account of race, sex, age, sexual preference, religion, disability, sexual orientation or political belief. 2. Contains strong or obscene language. 3. Promotes or opposes tobacco or alcohol products and controlled substances. 4. Contains sexual or reproductive material, 5. Promotes or opposes “adult entertainment” strip clubs and/or the sale of pornographic materials. 6. Promotes the sale or distribution of firearms. 7. Contravenes any applicable law. (d) The Contractor shall invoice each such advertiser for amounts owed for Advertisement Sales Services. The Contractor shall provide a service credit in the amount of 50% of the Net Advertising Revenue to the City on the following month’s submitted invoice after receipt by the Contractor of the amounts due from each advertiser. The Contractor must submit proof of invoices for amounts owed to Contractor for Advertisement Sales Services, during each advertisement period, whether or not invoiced funds are actually received by the Contractor. Example: For illustration purposes, the Contractor submits an invoice to a Media Buyer in the amount due of $25,000.00 for Advertisement Sales Service on January 2023 and the funds were r eceived from that Media Buyer during the month of March 2023. The Contractor will provide a service credit to the City in the amount of $12,500.00 on the April 2023 invoice. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 753 17 5. EVALUATION CRITERIA A Selection Committee will review and evaluate submittals to determine if they meet all of the requirements in this solicitation to be deemed responsive and responsible. The following evaluation criteria will be used to evaluate and score each submittal: No. Evaluation Criteria Scoring Method Weight (Points) 1. Approach and Methodology The Contractor shall explain in detail how their company can meet the requirements of the work outlined in the SOW, provide a timeline/plan-of-action detailing each phase for this effort, provide an organization chart detailing the labor for this effort, provide the recruiting effort for maintaining qualified drivers, and detail the numbers and types of vehicles provided and how they will include additional vehicles if the City expands the routes. Points Based 15 (14.3% of Total) 2. Environmental Benefits The Contractor shall provide details and quantify any environmental benefits or sustainability initiatives that they will use for this effort. Points Based 10 (9.5% of Total) 3. Contractor Capabilities The Contractor shall provide overall organizational and financial capabilities and other key components to include organizational reporting structure, quality control, quality assurance, research and development, technical training and parts support, response time, product capabilities, and the ability to furnish multiple vehicle configurations. The Contractor shall provide a general description of the company, including annual revenue, facilities location, number of permanent and part-time employees, and current and project workload. This description is intended to provide information to the City of Hollywood to evaluate the capability and capacity of the Contractor to perform the work. The City of Hollywood may conduct a site-visit of the Contractor's facility during the evaluation process. Points Based 10 (9.5% of Total) DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 754 18 4. Driver's Qualifications The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: minimum requirement by the City is that all drivers must be enrolled in an FDOT approved drug testing program, pass a drug screening test, have the appropriate FL driver's license, and have a favorable background investigation. Points Based 10 (9.5% of Total) 5. Firm's Qualifications and Experience The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five years (5) experience and two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration and dates. The Contractor must submit at least three (3) references for projects of similar size, scope, and complexity. The references will be reviewed and scored as to whether services performed were satisfactory and meet the aforementioned criteria. Points Based 10 (9.5% of Total) 6. ADA Compliance The Contractor shall provide details on how their proposed vehicles meet ADA accessibility requirements. Points Based 5 (4.8% of Total) 7. Maintenance/Recovery Plan The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken. Points Based 10 (9.5% of Total) DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 755 19 8. Risk Mitigation Plan The contractor must provide a risk mitigation plan on potential risks that may occur with this service and the steps they will take to mitigate/reduce the risk level. Points Based 10 (9.5% of Total) 9. Local Vendor Preference If applicable, the local Hollywood Vendor/Contractor shall have the burden of demonstrating that it maintains a permanent place of business with full-time employees within the City limits and has done so for a minimum of one year prior to the date of issuance of a bid or proposal solicitation within Hollywood, Florida. All supporting documentation (e.g., City valid local business tax receipt) for local preference eligibility must be received with the bid package prior to the bid opening date and time. Points Based 5 (4.8% of Total) 10. Pricing The Contractor must provide a Fixed Pricing Rate for this Service to include all direct and indirect costs in fixed monthly rates for this effort. The price for each offeror will be compared against the values assigned the various elements of the technical proposal. The objective of this process is to obtain the best available combination of technical capability and price. Points Based 20 (19% of Total) DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 756 20 6. EVALUATION COMMITTEE Each Selection Committee member will convert their maximum available point score (cardinal number) for each Submitter into an ordinal number designating the ranking (as first, second, or third. For example: The ordinal scores from each Selection Committee member for each Submitter shall be added together to calculate a total ordinal score. The Submitter with the lowest ordinal score will be ranked highest for award preference. The Submitter with the second lowest total ordinal score will be ranked second highest for award preference, and so on, until all Submitters are ranked. During the evaluation process, the Selection Committee may, at its discretion, request oral presentations from banks to clarify information or answer questions on submittals. A public Selection Committee meeting to complete this evaluation is anticipated to take place in March 2023 followed by City Commission approval of an award tentatively scheduled for May 2023. Selection Committee meeting notices shall be posted on the City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140). DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 757 21 7. GENERAL TERMS AND CONDITIONS 7.1. INTENT It is the policy of the City to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of Work specified in the Solicitation are encouraged to submit proposals. To receive notification and to be eligible to bid vendor should be registered with OpenGov. Vendors may register with the OpenGov (registration is free) to be included on a mailing list for selected categories of goods and Services. In order to be processed for payment, any awarded vendor must register with the City by completing and returning a Vendor Application and all supporting documents. For information and to apply as a vendor, please visit our website at hollywoodfl.org to download an application and submit it to Procurement Services Division. It is the intent of the City of Hollywood, FL (“the City”), through this solicitation and the contract conditions contained herein, to establish to the greatest possible extent complete clarity regarding the requirements of both parties to the agreement resulting from this solicitation. Before submitting a bid/proposal, the Vendor shall be thoroughly familiarized with all contract conditions referred to in this document and any addenda issued before the bid/proposal submission date. Such addenda shall form a part of the SOLICITATION and shall be made a part of the contract. It shall be the Vendor's responsibility to ascertain that the bid/proposal includes all addenda issued prior to the bid/proposal submission date. Addenda will be posted on the City's Procurement Portal along with the SOLICITATION. The terms of the SOLICITATION and the selected Vendor’s bid/proposal and any additional documentation (e.g. questions and answers) provided by the Vendor during the solicitation process will be integrated into the final contract for services entered into between the City and the selected Vendor. The Vendor shall determine, by personal examination and by such other means as may be preferred, the conditions and requirements under which the agreement must be performed. 7.2. PROPOSER’S RESPONSIBILITIES Proposers are required to submit their bids/proposals upon the following express conditions: A. Proposers shall thoroughly examine the drawings, specifications, schedules, instructions and all other contract documents. B. Proposers shall make all investigations necessary to thoroughly inform themselves regarding delivery of material, equipment or services as required by the SOLICITATION conditions. No plea of ignorance, by the proposer, of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the proposer to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation due the proposer. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 758 22 C. Proposers are advised that all City contracts are subject to all legal requirements provided for in the City of Hollywood Charter, Code of Ordinances and applicable County Ordinances, State Statutes and Federal Statutes. 7.3. PREPARATION OF BIDS/PROPOSALS Bids/proposals will be prepared in accordance with the following: A. The City’s enclosed bid/proposal Forms, in their entirety, are to be used in submitting your bid/proposal. NO OTHER FORM WILL BE ACCEPTED. B. All information required by the bid/proposal form shall be furnished. The proposer shall sign each continuation sheet (where indicated) on which an entry is made. C. Prices shall be shown and where there is an error in the extension of prices, the unit price shall govern. The City of Hollywood is exempt from payment to its vendors of State of Florida sales tax and, therefore, such taxes should not be figured into the SOLICITATION. However, this exemption does not apply to suppliers to the City in their (supplier) purchases of goods or services, used in work or goods supplied to the City. Proposers are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. An exemption certificate will be signed where applicable, upon request. The City will pay no sales tax. 7.4. DESCRIPTION OF SUPPLIES Any manufacturer's names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum requirements or level of quality, standards of performance, and design required, and are in no way intended to prohibit the bidding of other manufacturers' items of equal material, unless specifications state "NO SUBSTITUTIONS." Proposers must indicate any variances to the specifications, terms, and conditions, no matter how slight. If variations are not stated in the bid/proposal, it shall be construed that the bid/proposal fully complies with the Specifications, Terms and Conditions. Proposers are required to state exactly what they intend to furnish; otherwise they sh all be required to furnish the items as specified. Proposers will submit, with their bid/proposal, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item(s) they are proposing. The City shall be the sole judge of equality and its decision shall be final. 7.5. ADDENDA The Procurement Services Division may issue an addendum in response to any inquiry received, prior to bid/proposal opening, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Proposer should not rely on any representation, statement or explanation, whether written or verbal, other than those made in this solicitation document or in any addenda issued. Where there appears to be a conflict between this solicitation and any DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 759 23 addendum, the last addendum issued shall prevail. It is the proposer’s responsibility to ensure receipt of all addenda and any accompanying documents. Proposer(s) shall acknowledge receipt of any formal Addenda by signing the addendum and including it with their bid/proposal. Failure to include signed formal addenda in its bid/proposal shall cause the City to deem the bid/proposal non-responsive provided, however, that the City may waive this requirement in its best interest. 7.6. REJECTION OF BIDS/PROPOSALS The City may reject a bid/proposal if: A. The Proposer fails to acknowledge receipt of an addendum, or if B. The Proposer misstates or conceals any material fact in the bid/proposal, or if C. The bid/proposal does not strictly conform to the law or requirements of the SOLICITATION, or if D. The City is under a pre-lawsuit claim or current litigation with the proposer. The City may reject all bids/proposals whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid/proposal unless the bid/proposal has been qualified as provided in herein. 7.7. WITHDRAWAL OF BIDS/PROPOSALS A. May not be withdrawn and shall be deemed enforceable for a period of 180 days after the time set for the SOLICITATION opening. B. Bids/proposals may be withdrawn prior to the time set for the SOLICITATION opening via the Portal. C. The City will permanently retain as liquidated damages the bid deposit furnished by any proposer who requests to withdraw a bid/proposal after the SOLICITATION opening. 7.8. BIDS/PROPOSALS TO REMAIN OPEN All bids/proposals shall remain open for 180 calendar days after the day of the bid/proposal opening, but the City may, at its sole discretion, release any bid/proposal and return the bid/proposal Security prior to that date. Extensions of time when bids/proposals shall remain open beyond the 180 day period may be made only by mutual written agreement between the City, the successful Proposer and the surety, if any, for the successful Proposer. 7.9. LATE BIDS/PROPOSALS OR MODIFICATIONS Only bids/proposals received as of the opening date and time will be considered timely. Bids/proposals and modifications received after the time set for the opening will be returned un- opened to the sender and rejected as late. 7.10. CONFLICTS WITHIN THE SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the SOLICITATION Submittal Section, or any DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 760 24 addendum issued, the order of precedence shall be the last addendum issued, the SOLICITATION Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 7.11. CLARIFICATION OR OBJECTION TO BID/PROPOSAL SPECIFICATIONS If any person contemplating submitting a bid/proposal for this contract is in doubt as to the true meaning of the specifications or other SOLICITATION documents or any part thereof, they may submit requests for clarification to the Procurement Services Division on or before the date specified for a request for clarification. All such requests for clarification shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the SOLICITATION, if made, will be made only by Addendum duly issued. A copy of such Addendum will be made available to each person receiving a Solicitation. The City will not be responsible for any other explanation or interpretation of the SOLICITATION given prior to the award of the contract. Any objection to the specifications and requirements as set forth in this SOLICITATION must be filed in writing with the Chief Procurement Officer on or before the date specified for a request for clarification. 7.12. COMPETENCY OF PROPOSERS Pre-award inspection of the Proposer’s facility may be made prior to the award of a contract. Bids/proposals will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this SOLICITATION(s); have a record of performance for a reasonable period of time; and have sufficient financial support, equipment and organization to ensure that they can satisfactorily deliver the material and/or services if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. The City may consider any evidence available to it of the financial, technical and other qualifications and abilities of a proposer, including past performance (experience) in making the award in the best interest of the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this SOLICITATION or otherwise. 7.13. QUALIFICATIONS OF PROPOSERS No Bid/proposal will be accepted from, nor will any contract be awarded to any person who is in arrears to the City upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is deemed responsible or unreliable by the City. As part of the bid/proposal evaluation process, City may conduct a background investigation including a record check by the Hollywood Police Department. Proposer’s submission of a bid/proposal constitutes acknowledgment of the process and consent to such investigation. City shall be the sole judge in determining a Proposer’s qualifications. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 761 25 7.14. CONSIDERATION OF BIDS/PROPOSALS In cases where an item requested is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Vendor proposes to furnish the item so identified and does not propose to furnish an "equal" unless the proposed "equal" is pre-approved by the City. References to any of the above are intended to be descriptive but not restrictive and only indicate articles that will be satisfactory. A bid/proposal of an "equal" will be considered, provided that the Vendor states in his bid/proposal exactly what he proposes to furnish, including sample, illustration, or other descriptive matter which will clearly indicate the character of the article covered by such bid/proposal. The designated City representative hereby reserves the right to approve as an “equal”, or to reject as not being an “equal”, any article proposed which contains major or minor variations from specifications requirements. 7.15. AWARD OF CONTRACT If the Contract is to be awarded, it will be awarded, after evaluation by the City, to the responsible and responsive Proposer whom the City determines will be in the best interests of the City and not necessarily to the lowest cost Proposer. Proposers may be invited to an oral interview before the committee. A short list of finalists will be determined and presented to either the City Manager or his/her designee or to the City Commission, in accordance with the applicable City of Hollywood Code of Ordinances, and will make the final ranking for the purposes of negotiating a contract with the top ranked firm. The successful Proposer shall be required to sign a negotiated contract; the refusal or failure of a successful Proposer to execute a contract which contains the mandatory material terms and conditions contained in the SOLICITATION, shall be grounds for deeming the Proposer and/or the Proposer’s bid/proposal non-responsive. If applicable, the Proposer to whom award is made shall execute a written contract prior to award by the City Commission. If the Proposer to whom the first award is made fails to enter into a contract as herein provided, the Contract may be let to the next highest ranked Proposer who is responsible and responsive in the opinion of the City. 7.16. BASIS FOR AWARD, EVALUATION CRITERIA AND QUESTIONS The qualification of bid/proposal responders on this project will be considered in making the award. The City is not obligated to accept any bid/proposal if deemed not in the best interest of the City to do so. The City shall make award to a qualified proposer based on fees submitted and responses to this SOLICITATION. Failure to include in the bid/proposal all information outlined herein may be cause for rejection of the bid/proposal. The City reserves the right to accept or reject any and all bids/proposals, in whole or in part, as determined to be in the best interest of the City in its sole discretion. The City reserves the right to waive any informalities or irregularities in bids/proposals. The City reserves the right to negotiate separately the terms and conditions or all or any part of the bids/proposals as deemed to be in the City’s best interest in its sole discretion. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 762 26 Information and/or factors gathered during interviews, negotiations and any reference checks, and any other information or factors deemed relevant by the City, shall be utilized in the final award. The final award of a contract is subject to approval by the City Commission. 7.17. AGREEMENT An agreement shall be sent to the awarded proposer to be signed, witnessed, and returned to the City for execution. The City will provide a copy of the fully executed agreement to the awarded proposer. 7.18. NOTICE TO PROCEED A signed purchase order, blanket purchase order or fully executed agreement will be the Proposer's authorization to proceed and may substitute for a "Notice to Proceed" form. 7.19. BID PROTESTS The City shall provide notice of its intent to award or reject to all proposers by posting such notice on the City’s website. After a notice of intent to award a contract is posted, any actual or prospective proposer who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may protest to the Director of Procurement Services. A protest must be filed within five business days after posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest, including a deposit, is received by the Procurement Services Division. Failure to file a protest within the time-frame specified herein shall constitute a full waiver of all rights to protest the City’s decision regarding the award. The written protest shall state in detail the specific facts and law or ordinance upon which the protest of the proposed award is based, and shall include all pertinent documents. A written protest may not challenge the relative weight of evaluation criteria or a formula for assigning points. Upon receipt of a formal written protest, the City shall stop award proceedings until resolution of the protest; unless it has been determined that the award of the contract without delay is necessary to protect substantial interests of the City. Any and all costs incurred by a protesting party in connection with a bid protest shall be the sole responsibility of the protesting party. Upon receipt of a protest of the pending award of a contract, a copy of the protest shall promptly be forwarded to the City Attorney. The City Attorney shall thereupon review the charge to determine its sufficiency, including whether the protest was timely filed. If upon review the City Attorney determines that the charge is insufficient, the City Attorney may issue a summary dismissal of the protest. If upon review the City Attorney determines that the charge is sufficient, a hearing of the protest committee shall be scheduled. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 763 27 A protest committee shall have the authority to review, settle and resolve the protest. The committee shall consist of three members appointed by the City Manager. The committee’s review shall be informal. If the protest committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law or applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the committee determines that the protest is without merit, The Director shall promptly issue a decision in writing stating the reason for the decision and furnish a copy to the protester and any other interested party, and the process leading to the award shall proceed. 7.20. PREPARATION OF BIDS/PROPOSALS Bids/proposals shall be prepared in accordance with the bid/proposal response format. Bids/proposals not complying with this format may be considered non-responsive and may be removed from consideration on this basis. Requirements for Signing Bid/Proposal: A. Each proposer, by making a bid/proposal, represents that this document has been read and is fully understood. B. The bid/proposal must be signed in ink by an individual authorized to legally bind the person, partnership, company, or corporation submitting the bid/proposal. C. All manual signatures must have the name typed directly under the line of the signature. D. The above requirements apply to all SOLICITATION addenda. 7.21. EXAMINATION OF BID/PROPOSAL DOCUMENTS Before submitting a bid/proposal, each Proposer must: examine the bid/proposal Documents thoroughly; consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance, or provision of the commodities and/or services; study and carefully correlate Proposer’s observations with the bid/proposal Documents, and notify the City’s agent of all conflicts, errors and discrepancies in the bid/proposal Documents. The submission of a bid/proposal will constitute an incontrovertible representation by the Proposer, that the Proposer has complied with every requirement of this SOLICITATION, that without exception, the bid/proposal is premised upon performing the services and/or furnishing the commodities and materials in accordance with such means, methods, techniques, sequences or procedures as may be indicated in or required by the bid/proposal Documents, and that the bid/proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the goods and/or services. 7.22. PUBLIC RECORDS LAW If applicable, for each public agency contract for services, the Proposer is required to comply with F.S. 119.0701, which includes the following: DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 764 28 A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in F.S. Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. Sealed Bids/proposals become subject to the public records disclosure requirements of F.S. Chapter 119, notwithstanding a proposers' request to the contrary, at the time the City provides notice of a decision or intended decision, or 30 days after the bid/proposal opening, whichever is earlier. Financial statements submitted in response to a request by the City may be confidential and exempt from disclosure. Data processing software obtained under a licensing agreement which prohibits its disclosure may also exempt. Proposers are hereby notified and agree that all information submitted as part of, or in support of SOLICITATION submittals will be available for public inspection after opening of SOLICITATION in compliance with Chapter 119 of the Florida Statutes. The proposer shall not, unless required as part of this SOLICITATION, submit any information in response to this invitation which the proposer considers to be a trade secret, proprietary or confidential. The submission, not required as part of this this SOLICITATION, of any information to the City in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the proposer. 7.23. INFORMATION For information concerning procedure for responding to this Solicitation (SOLICITATION), contact the Point of Contact in the #INTRODUCTION section. Such contact shall be for clarification purposes only. It is preferred that all other questions be submitted in writing via the Portal at least 10 calendar days prior to the bid/proposal due/opening date. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 765 29 7.24. BIDS/PROPOSALS The bid/proposal must be signed by one duly authorized to do so and in cases where the bid/proposal is signed by a deputy or subordinate, the principal’s proper written grant of authority to such deputy or subordinate must accompany the bid/proposal. Bids/proposals by corporations must be executed in the corporate name by the President or other corporate officers accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Bids/proposals by partnerships must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.25. MODIFICATION AND WITHDRAWAL OF BIDS/PROPOSALS Bids/proposals must be modified or withdrawn electronically via the Portal. A request for withdrawal or a modification must be via the Portal by a person duly authorized to do so. Withdrawal of a bid/proposal will not prejudice the rights of a Proposer to submit a new bid/proposal prior to the bid/proposal date and time. Except where provided in the following paragraph no bid/proposal may be withdrawn or modified after expiration of the period for receiving bids/proposals. If, within twenty-four (24) hours after bids/proposals are opened, any Proposer files a duly signed written notice with the City and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of the City by clear and convincing evidence that there was a material and substantial mistake in the preparation of its bid/proposal, or that the mistake is clearly evident on the face of the bid/proposal but the intended correct bid/proposal is not similarly evident, then the Proposer may withdraw its bid/proposal and the bid/proposal Security will be returned. 7.26. REJECTION OF BIDS/PROPOSALS To the extent permitted by applicable state and federal laws and regulations, the City reserves the right to reject any and all bids/proposals, to waive any and all informalities, irregularities and technicalities not involving price, time or changes in the commodities and/or services, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids/proposals. Bids/proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations or irregularities of any kind. The City also reserves the right to waive minor technical defects in a bid/proposal. The City reserves the right to determine, in its sole discretion, whether any aspect of a bid/proposal satisfies the criteria established in this Solicitation. The City reserves the right to reject the bid/proposal of any Proposer if the City believes that it would not be in the best interest of the City to make an award to that Proposer, whether because the bid/proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criterion established by City. The foregoing reasons for rejection of bids/proposals are not intended to be exhaustive. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 766 30 7.27. OPEN END CONTRACT No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid/proposal comparison purposes only. The City reserves the right to issue purchase orders as and when required, or a blanket purchase order and release partial quantities as and when required or any combination of the preceding. ORDERING: The CITY reserves the right to purchase commodities/services specified herein through Contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a period shorter than the delivery time specified in the contract, and if the seller is unable to comply therewith, the City reserves the right to obtain such delivery from others without penalty or prejudice to the City or to the Proposer. 7.28. AUDIT RIGHTS The City reserves the right to audit the records of the successful Proposer for the commodities and/or services provided under the Contract at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by the City. If required by the City, the successful Proposer agrees to submit to an audit by an independent certified public accountant selected by the City. The successful Proposer shall allow the City to inspect, examine and review the records of the successful Proposer in relation to this contract at any and all times during normal business hours during the term of the Contract. 7.29. LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS The Proposer shall comply with all local, state and federal directives, orders and laws as applicable to this SOLICITATION and subsequent contract(s) including, but not limited to: A. Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this contract. B. All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). C. The Immigration and Nationality Act prohibits (i) the employment of an unauthorized alien when the employer knows the individual is an unauthorized alien and (ii) the employment of an individual without complying with the requirements of the federal employment verification system. If a proposer commits either of these violations, such violation shall be cause for unilateral cancellation of the contract. D. This Section applies only to any contract for goods or services of $1 million or more: The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 767 31 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate this Contract at the City’s option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 7.30. FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred from doing business with the City. The City as further sanction may terminate or cancel any oth er contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees. 7.31. DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subproposers are presently debarred or suspended by any Federal department or agency. 7.32. COLLUSION More than one bid/proposal received for the same work from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that any Proposer is interested in more than one bid/proposal for the same work will cause the rejection of such bin which the Proposer is interested. If there are reasonable grounds for believing that collusion exists among the Proposers, the bids/proposals of participants in such collusion will not be considered. 7.33. COPELAND "ANTI-KICKBACK" The Proposer and all subproposers will comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 7.34. FORCE MAJEURE The Agreement which is awarded to the successful proposer may provide that the per formance of any act by the City or Proposer hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due the Proposer for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement. 7.35. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 768 32 public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a proposer, supplier, subproposer, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.36. DRUG-FREE WORKPLACE PROGRAM Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids/proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids/proposals will be followed if none of the tied vendors have a drug-free workplace program. 7.37. SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY Proposer shall sign and submit the attached form indicating understanding and compliance with the City's and State's policies prohibiting solicitation and acceptance of gifts by public officers, employees and candidates. Failure to submit the signed form will result in your bid/proposal being declared non-responsive; provided, however, that a responsible proposer whose bid/proposal would be responsive but for the failure to submit the signed form in its bid/proposal may be given the opportunity to submit the form to the City within five calendar days after notification by the City, if this is determined to be in the best interest of the City. 7.38. CONFLICT OF INTEREST The Proposer represents that: No officer, director, employee, agent, or other consultant of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. There are no undisclosed persons or entities interested with the Proposer in this Agreement. This Agreement is entered into by the Proposer without any connection with any other entity or person making a bid/proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or member of the immediate family or household of any of the aforesaid: A. Is interested on behalf of or through the Proposer directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or B. Is an employee, agent, advisor, or consultant to the Proposer or to the best of the Proposer’s knowledge, any subproposer or supplier to the Proposer. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 769 33 Neither the Proposer nor any officer, director, employee, agent, parent, subsidiary, or affiliate of the Proposer shall have an interest which is in conflict with the Proposer’s faithful performance of its obligations under this Agreement; provided that the City, in its sole discretion, may consent in writing to such a relationship, and provided the Proposer provides the City with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the City's best interest to consent to such relationship. The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. In the event the Proposer has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, the Proposer shall promptly bring such information to the attention of the City's Project Manager. The Proposer shall thereafter cooperate with the City's review and investigation of such information, and comply with the instructions the Proposer receives from the Project Manager in regard to remedying the situation. 7.39. DISCRIMINATION Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/proposal on a contract to provide goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for construction or repair of a public building or public work, may not submit bids/proposals on leases of real property to a public entity, may not award or perform work as a proposer, supplier, subproposer, or consultant under contract with any public entity, and may not transact business with any public entity. 7.40. ADVICE OF OMISSION OR MISSTATEMENT In the event it is evident to a Vendor responding to this SOLICITATION that the City has omitted or misstated a material requirement to this SOLICITATION and/or the services required by this SOLICITATION, the responding Vendor shall advise the contact identified in the SOLICITATION Clarifications and Questions section above of such omission or misstatement. 7.41. CONFIDENTIAL INFORMATION Information contained in the Vendor’s bid/proposal that is company confidential must be clearly identified in the bid/proposal itself. The City will be free to use all information in the Vendor's bid/proposal for the City’s purposes, in accordance with State Law. Vendor bids/proposals shall remain confidential for 30 days or until a notice of intent to award is posted, which is sooner. The Vendor understands that any material supplied to the City may be subject to public disclosure under the Public Records Law. 7.42. GOVERNING LAW This Contract, including appendices, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and not withstanding application of conflicts of law principles. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 770 34 7.43. LITIGATION VENUE The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. 7.44. SOVEREIGN IMMUNITY Nothing in this agreement shall be interpreted or construed to mean that the city waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statute. 7.45. SURVIVAL The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Proposer and the City under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. 7.46. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The Contractor shall indemnify and hold harmless the City of Hollywood and its officers, employees, agents and instrumentalities from any and all liability, losses or damages. In addition, the City shall be entitled to attorney’s fees and costs of defense, which the City of Hollywood, or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this project by the awarded proposer or its employees, agents, servants, partners, principals or subcontractors. Furthermore, the awarded proposer shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind of nature in the name of the City of Hollywood, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may issue thereon. The awarded proposer expressly understands and agrees that any insurance protection required by the resulting agreement or otherwise provided by the awarded proposer shall cover the City of Hollywood, its officers, employees, agents and instrumentalities and shall include claims for damages resulting from and/or caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in the performance of the contract. 7.47. PATENT AND COPYRIGHT INDEMNIFICATION The Proposer warrants that all deliverables furnished hereunder, including but not limited to: services, equipment programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service marks, trade secret, or any other third party proprietary rights. The Proposer shall be liable and responsible for any and all claims made against the City for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with, the work, or the City's continued use of the deliverables furnished hereunder. Accordingly, the Proposer, at its own expense, including the payment of attorney's DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 771 35 fees, shall indemnify, and hold harmless the City and defend any action brought against the City with respect to any claim, demand, and cause of action, debt, or liability. In the event any deliverable or anything provided to the City hereunder, or a portion thereof, is held to constitute an infringement and its use is or may be enjoined, the Proposer shall have the obligation, at the City's option, to (i) modify, or require that the applicable subproposer or supplier modify, the alleged infringing item(s) at the Proposer’s expense, without impairing in any respect the functionality or performance of the item(s), or (ii) procure for the City, at the Proposer's expense, the rights provided under this Agreement to use the item(s). The Proposer shall be solely responsible for determining and informing the City whether a prospective supplier or subproposer is a party to any litigation involving patent or copyright infringement, service mark, trademark, violation, or proprietary rights claims or is subject to any injunction which may prohibit it from providing any deliverable hereunder. The Proposer shall enter into agreements with all suppliers and subproposers at the Proposer's own risk. The City may reject any deliverable that it believes to be the subject of any such litigation or injunction, or if, in the City's judgment, use thereof would delay the work or be unlawful. The Proposer shall not infringe any copyright, trademark, service mark, trade secrets, patent rights, or other intellectual property rights in the performance of the work. 7.48. ADVERTISING Vendor shall not advertise or publish the fact that the City has placed this order without prior written consent from the City, except as may be necessary to comply with a proper request for information from an authorized representative of a governmental unit or agency. 7.49. DISCLAIMER The Hollywood may, in its sole discretion, accept or reject, in whole or in part, for any reason whatsoever any or all bids/proposals; re-advertise this SOLICITATION, postpone or cancel at any time this SOLICITATION process; or, waive any formalities of or irregularities in the bid/proposal process. Bids/proposals that are not submitted on time and/or do not conform to the City of Hollywood’s requirements will not be considered. After all bids/proposals are analyzed, organization(s) submitting bid/proposal that appear, solely in the opinion of the City of Hollywood, to be the most competitive, shall be submitted to the City of Hollywood’s City Commission, and the final selection will be made shortly thereafter with a timetable set solely by the City of Hollywood. The selection by the City of Hollywood shall be based on the bid/proposal, which is, in the sole opinion of the City Commission of the City of Hollywood, in the best interest of the City of Hollywood. The issuance of this SOLICITATION constitutes only an invitation to make a bid/proposal to the City of Hollywood. The City of Hollywood reserves the right to determine, in its sole discretion, whether any aspect of the bid/proposal satisfies the criteria established by the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this bid/proposal or otherwise. 7.50. TRADEMARKS The City warrants that all trademarks the City requests the Vendor to affix to articles purchased are those owned by the City and it is understood that the Vendor shall not acquire or claim any rights, title, or interest therein, or use any of such trademarks on any articles produced for itself or anyone other than the City. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 772 36 7.51. RIGHT TO REQUEST ADDITIONAL INFORMATION The City reserves the right to request any additional information that might be deemed necessary during the evaluation process. 7.52. PROPOSAL PREPARATION COSTS The Vendor is responsible for any and all costs incurred by the Vendor or his/her subproposers in responding to this solicitation. 7.53. DESIGN COSTS The successful Vendor shall be responsible for all design, information gathering, and required programming to achieve a successful implementation. This cost must be included in the base bid/proposal. 7.54. ADDITIONAL CHARGES No additional charges, other than those listed on the price breakdown sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and Vendor travel charges. 7.55. RIGHTS TO PERTINENT MATERIALS All responses, inquires, and correspondence relating to this SOLICITATION and all reports, charts, displays, schedules, exhibits and other documentation produced by the Vendor that are submitted as part of the bid/proposal shall become the property of the City upon receipt, a part of a public record upon opening, and will not be returned. 7.56. INSURANCE REQUIREMENTS See insurance requirements in the main solicitation document. 7.57. NATURE OF THE AGREEMENT The Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in the Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of the Agreement that are not contained in the Agreement, and that the Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that the Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. The Proposer shall provide the services set forth in the Scope of Services, and render full and prompt cooperation with the City in all aspects of the services performed hereunder. The Proposer acknowledges that the Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all work and services under t his Contract. All things not expressly mentioned in the Agreement but necessary to carrying out its DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 773 37 intent are required by the Agreement, and the Proposer shall perform the same as though they were specifically mentioned, described and delineated. The Proposer shall furnish all labor, materials, tools, supplies, and other items required to perform the work and services that are necessary for the completion of this Contract. All work and services shall be accomplished at the direction of and to the satisfaction of the City's Project Manager. The Proposer acknowledges that the City shall be responsible for making all policy decisions regarding the Scope of Services. The Proposer agrees to provide input on policy issues in the form of recommendations. The Proposer agrees to implement any and all changes in providing services hereunder as a result of a policy change implemented by the City. The Proposer agrees to act in an expeditious and fiscally sound manner in providing the City with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes. 7.58. AUTHORITY OF THE CITY’S PROJECT MANAGER The Proposer hereby acknowledges that the City’s Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of, this Agreement including without limitations: questions as to the value, acceptability and fitness of the services; questions as to either party's fulfillment of its obligations under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of the Bid/proposal; questions as to the interpretation of the Scope of Services; and claims for damages, compensation and losses. The Proposer shall be bound by all determinations or orders and shall promptly obey and follow every order of the Project Manager, including the withdrawal or modification of any previous order and regardless of whether the Proposer agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable. The Proposer must, in the final instance, seek to resolve every difference concerning the Agreement with the Project Manager. In the event that the Project Manager and the Proposer are unable to resolve their difference, the Proposer may initiate a dispute in accordance with the procedures set forth in the section below. Exhaustion of these procedures shall be a condition precedent to any lawsuit permitted hereunder. In the event of such dispute, the parties to this Agreement authorize the City Manager or designee, who may not be the Project Manager or anyone associated with this Project, acting personally, to decide all questions arising out of, under, or in connection with, or in any way related to or on account of the Agreement (including but not limited to claims in the nature of breach of contract, fraud or misrepresentation arising either before or subsequent to execution hereof) and the decision of each with respect to matters within the City Manager's purview as set forth above shall be conclusive, final and binding on the parties. Any such dispute shall be brought, if at all, before the City Manager within 10 days of the occurrence, event or act out of which the dispute arises. The City Manager may base this decision on such assistance as may be desirable, including advice of experts, but in any event shall base the decision on an independent and objective determination of whether the Proposer’s performance or any deliverable meets the requirements of this Agreement and any specifications with respect thereto set forth herein. The effect of any DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 774 38 decision shall not be impaired or waived by any negotiations or settlements or offers made in connection with the dispute, whether or not the City Manager participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review, or by any termination or cancellation of the Agreement. All such disputes shall be submitted in writing by t he Proposer to the City Manager for a decision, together with all pertinent information in regard to such questions, in order that a fair and impartial decision may be made. The parties agree that whenever the City Manager is entitled to exercise discretion or judgment or to make a determination or form an opinion pursuant to the provisions of this Article, such action shall be deemed fair and impartial when exercised or taken. The City Manager shall render a decision in writing and deliver a copy of the same to the Proposer. Except as such remedies may be limited or waived elsewhere in the Agreement, the Proposer reserves the right to pursue any remedies available under law after exhausting the provisions of this Article. 7.59. MUTUAL OBLIGATIONS This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereof unless acknowledged in writing by the duly authorized representatives of both parties. Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where this Agreement imposes an indemnity or defense obligation on the Proposer, the City may, at its expense, elect to participate in the defense if the City should so choose. Furthermore, the City may at its own expense defend or settle any such claims if the Proposer fails to diligently defend such claims, and thereafter seek indemnity for costs and attorney’s fees from the Proposer. 7.60. SUBCONTRACTUAL RELATIONS If the Proposer will cause any part of this Agreement to be performed by a subproposer, the provisions of this Contract will apply to such subproposer and its officers, agents and employees in all respects as if it and they were employees of the Proposer; and the Proposer will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the subproposer, its officers, agents, and employees, as if they were employees of the Proposer. The services performed by the subproposer will be subject to the provisions hereof as if performed directly by the Proposer. The Proposer, before making any subcontract for any portion of the services, will state in writing to the City the name of the proposed subproposer, the portion of the services which the subproposer is to do, the place of business of such subproposer, and such other information as the City may require. The City will have the right to require the Proposer not to award any subcontract to a person, firm or corporation disapproved by the City. Before entering into any subcontract hereunder, the Proposer will inform the subproposer fully and completely of all provisions and requirements of this Agreement relating either directly or DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 775 39 indirectly to the services to be performed. Such services performed by such subproposer will strictly comply with the requirements of this Contract. In order to qualify as a subproposer satisfactory to the City, in addition to the other requirements herein provided, the subproposer must be prepared to prove to the satisfaction of the City that it has the necessary facilities, skill and experience, and ample financial resources to perform the services in a satisfactory manner. To be considered skilled and experienced, the subproposer must show to the satisfaction of the City that it has satisfactorily performed services of the same general type which are required to be performed under this Agreement. The City shall have the right to withdraw its consent to a subcontract if it appears to the City that the subcontract will delay, prevent, or otherwise impair the performance of the Proposer's obligations under this Agreement. All subproposers are required to protect the confidentiality of the City and City's proprietary and confidential information. The Proposer shall furnish to the City copies of all subcontracts between the Proposer and subproposers and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the City permitting the City to request completion of performance by the subproposer of its obligations under the subcontract, in the event the City finds the Proposer in breach of its obligations, and the option to pay the subproposer directly for the performance by such subproposer. The foregoing shall neither convey nor imply any obligation or liability on the part of the City to any subproposer hereunder as more fully described herein. 7.61. PROMPT PAYMENT: LATE PAYMENTS BY PROPOSER TO SUBPROPOSER AND MATERIAL SUPPLIERS; PENALTY: When a proposer receives from the City of Hollywood any payment for contractual services, commodities, materials, supplies, or construction contracts, the proposer shall pay such moneys received to each subproposer and material supplier in proportion to the percentage of work completed by each subproposer and material supplier at the time of receipt. If the proposer receives less than full payment, then the proposer shall be required to disburse only the funds received on a pro rata basis to the subproposers and materials Suppliers, each receiving a prorated portion based on the amount due on the payment. If the proposer without reasonable cause fails to make payments required by this section to subproposers and material suppliers within fifteen (15) working days after the receipt by the proposer of full or partial payment, the proposer shall pay to the subproposers and material suppliers a penalty in the amount of one percent (1%) of the amount due, per month, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed. Retainage is also subject to the prompt payment requirement and must be returned to the subproposer or material supplier whose work has been completed, even if the prime contract has not been completed. The Proposer shall include the above obligation in each subcontract it signs with a subproposer or material suppler. 7.62. TERMINATION FOR CONVENIENCE AND SUSPENSION OF WORK The City may terminate this Agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the City through fraud, misrepresentation or material misstatement. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 776 40 The City may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the City. Such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney’s fees. The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement may be debarred from City contracting in accordance with the City debarment procedures. The Proposer may be subject to debarment for failure to perform and any other reasons related to the proposer’s breach or failure of satisfactory performance. In addition to cancellation or termination as otherwise provided in this Agreement, the City ma y at any time, in its sole discretion, with or without cause, terminate this Agreement by written notice to the Proposer and in such event: The Proposer shall, upon receipt of such notice, unless otherwise directed by the City: A. Stop work on the date specified in the notice ("the Effective Termination Date"); B. Take such action as may be necessary for the protection and preservation of the City's materials and property; C. Cancel orders; D. Assign to the City and deliver to any location designated by the City any non-cancelable orders for deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement and not incorporated in the services; E. Take no action which will increase the amounts payable by the City under this Agreement. In the event that the City exercises its right to terminate this Agreement pursuant to this Article, the Proposer will be compensated as stated in the payment articles herein, for the: A. Portion of the services completed in accordance with the Agreement up to the Effective Termination Date; and B. Non-cancelable deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement but not incorporated in the services. All compensation pursuant to this Article is subject to audit. 7.63. EVENT OF DEFAULT An Event of Default shall mean a breach of this Agreement by the Proposer. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include the following: A. The Proposer has not delivered deliverables on a timely basis; DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 777 41 B. The Proposer has refused or failed, except in any case for which an extension of time is provided, to supply enough properly skilled staff personnel; C. The Proposer has failed to make prompt payment to subproposers or suppliers for any services; D. The Proposer has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Proposer's creditors, or the Proposer has taken advantage of any insolvency statute or debtor/creditor law or if the Proposer's affairs have been put in the hands of a receiver; E. The Proposer has failed to obtain the approval of the City where required by this Agreement; F. The Proposer has failed to provide "adequate assurances" as required under subsection "B" below; and G. The Proposer has failed in the representation of any warranties stated herein. When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Proposer's ability to perform the services or any portion thereof, the City may request that the Proposer, within the time frame set forth in the City's request, provide adequate assurances to the City, in writing, of the Proposer's ability to perform in accordance with terms of this Agreement. Until the City receives such assurances the City may request an adjustment to the compensation received by the Proposer for portions of the services which the Proposer has not performed. In the event that the Proposer fails to provide to the City the requested assurances within the prescribed time frame, the City may: A. Treat such failure as a repudiation of this Agreement; B. Resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the services or any part thereof either by itself or through others. In the event the City shall terminate this Agreement for default, the City or its designated representatives may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 7.64. REMEDIES IN THE EVENT OF DEFAULT If an Event of Default occurs, the Proposer shall be liable for all damages resulting from the default, including but not limited to: A. Lost revenues; B. The difference between the cost associated with procuring services hereunder and the amount actually expended by the City for procurement of services, including procurement and administrative costs; and, C. Such other damages that the City may suffer. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 778 42 The Proposer shall also remain liable for any liabilities and claims related to the Proposer’s default. The City may also bring any suit or proceeding for specific performance or for an injunction. 7.65. BANKRUPTCY The City reserves the right to terminate this contract if, during the term of any contract the Proposer has with the City, the Proposer becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency law. 7.66. CANCELLATION FOR UNAPPROPRIATED FUNDS The obligation of the City for payment to a Proposer is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 7.67. VERBAL INSTRUCTIONS PROCEDURE No negotiations, decisions, or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Proposers, which are signed by a person designated as authorized to bind the Proposer, will be recognized by the City as duly authorized expressions on behalf of the Proposer. 7.68. E-VERIFY Proposer acknowledges that the City may be utilizing the Proposer’s services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. The Proposer shall be responsible for complying with the E-Verify requirements in the contract and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by the Proposer during the Agreement term. The Proposer is also responsible for e-verifying its subproposers, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. The Proposer acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under this Agreement. 7.69. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Proposer shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 7.70. COST ADJUSTMENTS The cost for all items as quoted herein shall remain firm for the first term of the contract. Costs for subsequent years and any extension term years shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPU-U) (National) as published by DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 779 43 the Bureau of Labor Statistics, U.S. Dept. of Labor. The yearly increase or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year than in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the City shall have the right to receive from the Proposer a reduction in costs that reflects such cost changes in the industry. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract can be cancelled by the City upon giving thirty (30) days written notice to the Proposer. 7.71. OSHA STANDARDS Proposer acknowledges and agrees that as Contractor for the City of Hollywood, Florida, within the limits of the City of Hollywood, Florida, will have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agrees to defend, indemnify and hold harmless the City of Hollywood, Florida, its officials, employees, service providers, and its agents against any and all legal liability or loss the City of Hollywood, Florida may incur due to the Contractor's failure to comply with such act. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 780 44 8. PROPOSAL SUBMISSIONS The responsibility for submitting a bid/proposal on or before the time and date is solely and strictly the responsibility of the bidder/proposer, the City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. No part of a bid/proposal can be submitted via FAX or via direct Email to the City. No variation in price or conditions shall be permitted based upon a claim of ignorance. 8.1. SUBMITTAL FORMAT* The items below are required components of your solicitation response in order for your bid/proposal/submittal to be consider responsive and responsible. Please confirm this submittal includes the following items in this checklist: A. Title Page: Show the RFP title/number, firm’s name, address, telephone number, contact person, email, and date. B. Table of Contents: Clearly identify the material by section title and page number, including the following sections: 1. Approach and Methodology 2. Environmental benefits 3. Vendor Capabilities 4. Driver's Qualifications 5. Firm's Qualifications 6. ADA Compliance 7. Maintenance/Recovery Plan 8. Risk Mitigation Plan 9. References 10. Pricing 11. Additional/Pertinent Information (Optional) C. Forms and Certifications (Completed) 1. This Submittal Checklist Confirmation 2. Bid Form (Pricing) 3. Vendor Reference Form* 4. Hold Harmless and Indemnity Clause 5. Non-Collusion Statement 6. Sworn Statement…Public Entity Crimes DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 781 45 7. Certifications Regarding Debarment 8. Drug-Free Workplace Program 9. Solicitation, Giving, and Acceptance 10. W-9 (Request for Taxpayer Identification) 11. Certificate(s) of insurance that meet the requirements of the #SPECIAL TERMS AND CONDITIONS section. 12. Proof of State of Florida Sunbiz Registration 13. Acknowledgement and Signature Questionnaire This checklist is only a guide, please read the entire solicitation to ensure that your submission includes all required information and documentation. ☐ Please confirm *Response required 8.2. Bid Form * Upload pricing information in accordance with the scope and using the structure of Exhibit C - Pricing. Creative and optional pricing can be uploaded as separate attachments. *Response required 8.3. Vendor Reference Form* Please download the below documents, complete, and upload for each vendor reference. A Minimum of three (3) references are required. • Vendor_Reference_Form.pdf *Response required 8.4. Hold Harmless and Indemnity Clause * I, an authorized representative, the contractor, shall indemnify, defend and hold harmless the City of Hollywood, its elected and appointed officials, employees and agents for any and all suits, actions, legal or administrative proceedings, claims, damage, liabilities, interest, attorney’ s fees, costs of any kind whether arising prior to the start of activities or following the completion or acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part by reason of any act, error or omission, fault or negligence whether active or passive by the contractor, or anyone acting under its direction, control, or on its behalf in connection with or incident to its performance of the contract. ☐ Please confirm *Response required DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 782 46 8.5. Non-Collusion Statement* I, being first duly sworn, depose that: A. He/she is an authorized representative of the Company, the Proposer that has submitted the attached Proposal. B. He/she has been fully informed regarding the preparation and contents of the attached Proposal and of all pertinent circumstances regarding such Proposal; C. Such Proposal is genuine and is not a collusion or sham Proposal; D. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the contractor for which the attached Proposal has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices, profit or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure an advantage against the City of Hollywood or any person interested in the proposed Contract; and E. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. ☐ Please confirm *Response required 8.6. Sworn Statement Public Entity Crimes* Please download the below documents, complete, and upload. • Sworn_Statement_Public_Enti... *Response required 8.7. Certifications Regarding Debarment, Suspension and Other Responsibility Matters* The applicant certifies that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 783 47 obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. ☐ Please confirm *Response required 8.8. Drug-Free Workplace Program* A. IDENTICAL TIE PROPOSALS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 784 48 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program (if such is available in the employee’s community) by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of these requirements. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ☐ Please confirm *Response required 8.9. Solicitation, Giving, and Acceptance of Gifts Policy* Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. “No Public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.” The term “public officer” includes “any person elected or appointed to hold office in any agency, including any person serving on an advisory body.” The City of Hollywood/Hollywood CRA policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor, consultant, or business with whom the City/CRA does business. The State of Florida definition of “gifts” includes the following: • Real property or its use, • Tangible or intangible personal property, or its use, • A preferential rate or terms on a debt, loan, goods, or services, • Forgiveness of indebtedness, • Transportation, lodging, or parking, • Food or beverage, • Membership dues, • Entrance fees, admission fees, or tickets to events, performances, or facilities, • Plants, flowers or floral arrangements • Services provided by persons pursuant to a professional license or certificate. • Other personal services for which a fee is normally charged by the person providing the services. DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 785 49 • Any other similar service or thing having an attributable value not already provided for in this section. Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family, will be subject to dismissal or revocation of contract. As the person authorized to sign the statement, I certify that this firm will comply fully with this policy. ☐ Please confirm *Response required 8.10. W-9 (Request for Taxpayer Identification)* Please download the below documents, complete, and upload. • W-9.pdf *Response required 8.11. List of Subcontractors* Please download the below documents, complete, and upload. • Form_14_-_List_of_Subcontra... *Response required 8.12. Certificate of Insurance* See requirements in the #SPECIAL TERMS AND CONDITIONS section. *Response required 8.13. Proof of Sunbiz Registration* Enter company FEIN to be verified in Sunbiz *Response required 8.14. ACKNOWLEDGMENT AND SIGNATURE PAGE 8.14.1. If Corporation - Date Incorporated/Organized:* *Response required 8.14.2. State Incorporated/Organized:* *Response required 8.14.3. Remittance Address* *Response required 8.14.4. Bidder/Proposer’s Authorized Representative’s Typed Full Name* *Response required DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 786 50 8.14.5. IT IS HEREBY CERTIFIED AND AFFIRMED THAT THE BIDDER/PROPOSER CERTIFIES ACCEPTANCE OF THE TERMS, CONDITIONS, SPECIFICATIONS, ATTACHMENTS AND ANY ADDENDA. THE BIDDER/PROPOSER SHALL ACCEPT ANY AWARDS MADE AS A RESULT OF THIS SOLICITATION. BIDDER/PROPOSER FURTHER AGREES THAT PRICES QUOTED WILL REMAIN FIXED FOR THE PERIOD OF TIME STATED IN THE SOLICITATION.* ☐ Please confirm *Response required 8.14.6. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER/PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID/PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID/PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER/PROPOSER TO THE TERMS OF ITS OFFER.* ☐ Please confirm *Response required 8.14.7. Proposal Upload* Submit entire proposal including Title Page, Table of Contents, etc. *Response required DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 787 City-Wide Micro-Transit Services 16 of 18 EXHIBIT C – Company’s Proposal DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 788 A. Title Page Request for Proposal RFP 045 23 SK For The Citywide micro-transit Services City of Hollywood, Florida Prepared for: City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Date:March 8, 2023 Prepared by:Circuit Transit Inc 777 S Flagler Drive Suite 800 W West Palm Beach, FL 33401 Contact Person:Jason Bagley, National Partner jason@ridecircuit.com | 305 494 1612 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 789 A.1 Cover Letter Circuit Transit Inc ridecircuit.com March 8, 2023 City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Re: Request for Proposals RFP 045 23 SK for The City of Hollywood, Florida Citywide micro-transit Services Dear City of Hollywood, This submission is in response to the Request for Proposals RFP for City of Hollywood micro-transit Shuttle Service.Thank you for the opportunity to submit our proposal to the City of Hollywood. This proposal will show that Circuit Transit Inc (operator of Hollywood Sun Shuttle and Fort Lauderdale Circuit, etc.) has the proven capabilities and background in providing a sustainable on-demand shuttle program, as well as relevant and specific experience in Broward County, local knowledge and familiarity with the City. Circuit is an active service provider in Hollywood, Florida, that is responsible for the successful deployment and management of the Sun Shuttle as well as similar services with Cities in South Florida, Brightline Trains and other Cities in NY, NJ, CA and TX. Circuit provides all electric, first/last mile solutions that help move people in local communities and bridge gaps between riders and existing transit. By using fleets of electric vehicles, leveraging the data from its ride-request app, and working with top advertisers, Circuit is able to provide an eco-friendly, data-centric and efficient solution that promotes circulation, reduces parking congestion, promotes local economic development, reduces vehicle miles traveled, encourages alternate options, creates local jobs, and covers the last mile conveniently and affordably to the rider. Circuit has worked with the CIty of Hollywood and the Hollywood Community Redevelopment Agency since 2019 to design, build, and manage the Hollywood Sun Shuttle. The program is currently moving around 12,000 riders per month, is responsible for creating approximately 20 jobs, and has continued to improve and become a fixture of the Hollywood Community. Together, we have been able to craft a program that has gotten the attention of the press, local officials and nearby Cities; several of which have since enacted similar programs of their own. Hollywood has set an example for efficient, eco-friendly mobility that changes how communities move. The Sun Shuttle has “Exceed(ed) Expectations”1 and the overwhelming demand from riders has showcased the need for transportation services in the City. The team is excited about the opportunity to build upon the existing services and craft an updated approach to the community. 1 https://hollywoodgazette.com/sun-shuttle-is-very-successful/ City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 2 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 790 Circuit is the largest and most experienced operator of shared, on-demand, last-mile EV shuttle services in the US. With successful operations in 40 markets across South Florida, California, Texas, New York, New Jersey, and California, Circuit provides both national expertise and local experience. In South Florida, Circuit operates in Fort Lauderdale, Pompano Beach, Hollywood, West Palm Beach, Palm Beach, and Miami, as well as a 40 cars servicing Brightline Trains, across 5 stations in the area. With more than 350 employees and 190 vehicles, Circuit has the team, resources and experience to optimize mobility for Hollywood. Over the past five years, Circuit has engaged with stakeholders and businesses in the City of Hollywood and is very familiar with the local transportation needs and community. We have years of data that can be used to improve this program and inform the City of the movement of residents and visitors. The community support has been incredible and we’re honored to be a part of Hollywood’s growth. The company's officers and project leads are as follows: Alexander Esposito CEO / Co-Founder Email: alex@ridecircuit.com Tel: 516 446 8513 Address: 780 S. Sapodilla Ave West Palm Beach, FL 33401 Jason Bagley Partner, National Operations Email: jason@ridecircuit.com Tel: 305 494 1612 Address: 1305 SW 8th Ave Fort Lauderdale, FL 33315 Alexander and Jason have the authority to negotiate and contractually obligate the company. Jason will be the primary point of contact for this program and can be contacted for further clarification. If selected, we are committed to working with the City to provide a turn-key on-demand service designed to meet the needs outlined in this RFP. Circuit appreciates your review of our submission and welcomes any questions that you may have. Sincerely, Jason Bagely Partner, Circuit Transit Inc Circuit’s corporate headquarters are located at 777 S. Flagler Drive, Suite 800 West Tower, West Palm Beach, FL 33401. Circuit also has local offices located at 2031 Harrison St, Hollywood, FL 33020 and existing infrastructure, including a large local fleet of all electric Polaris GEMs e6, electric sedans, and electric passenger vans. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 3 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 791 B. Table of Contents A. Title Page 1 A.1 Cover Letter 2 B. Table of Contents 4 B1. Approach and Methodology 7 B1.1 Service Planning, Research and Analysis 7 B1.1.1 Existing Services in Hollywood and South Florida 8 B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery 10 B1.2 Our Project Plan 15 B1.2.1 Proposed Operating Plan:16 B1.2.2 Alternate Options for On-Demand Services 21 B1.2.3 Alternate Operating Plan A 21 B1.2.3 Alternate Operating Plan B 22 B1.2.4 Alternate Operating Plan C 23 B1.2.2 Drivers 25 B1.2.3 Technology 26 B1.2.4 Timeline 27 B1.2.4 Project Team and Organizational Chart 27 B2. Environmental & Sustainability Benefits 29 B3. Vendor / Contractor Capabilities 30 B3.1 Background on Circuit 30 B3.2 General Company Information CONFIDENTIAL 31 B3.3 Financial Capabilities CONFIDENTIAL 34 B3.4 Revenue and Funding Capabilities 34 B3.4.1 Advertising Capabilities 34 B3.4.2 Fare Revenue Capabilities CONFIDENTIAL 35 B3.4.3 Grant Sourcing Capabilities 36 B3.5 Technological Capabilities CONFIDENTIAL 36 B3.5.1 Ride Request App 37 B3.5.2 Driver App Capabilities 38 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach 39 B3.5.4 Using Data to Steer Service Operations 39 B3.6 Vehicle Capabilities 40 B3.7.1 Vehicle Maintenance Capabilities 42 B3.7 Driver Capabilities 43 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 4 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 792 B3.7.1 Driver Model 43 B3.8 Customer Service Capabilities 45 B4. Driver’s Qualifications 46 B4.2. Training 47 B4.2.1 Certifications 48 B4.2.2 Drug Testing and Hiring Standard 48 B5. Firm’s Qualifications and Experience 48 B5.1 Experience Overview 49 B5.1.1 Experience Overview 49 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience 49 B5.1.3 Micro-Transit Operations Experience 50 B5.1.4 Community Engagement Experience 51 B5.2 Project Experience 53 B5.2.1 Past Project Experience- Hollywood Sun Shuttle 53 B5.2.2 Past Project- FRED 54 B5.2.3 Additional Past Project Experience 55 B5.3 References 55 B5.4 Customer Testimonials Confidential)56 B6. ADA Compliance 57 B6.1 ADA Compliance Plan 57 B7. Maintenance / Recovery Plan 58 B7.1 Commitment to Avoid Service and Operation Disruptions 58 B7.2 Scenario Response 59 B8. Risk Mitigation 59 B8.1 Emergency Management Plan 59 B8.2 Risk Mitigation Plans 60 B9. Local Vendor Preference 63 B9.1 Local Hollywood Presence 64 B10. Pricing 66 B10.1 Fixed Pricing Rate Proposed Option 66 B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 68 B10.3 Unbanked Riders 70 C. Completed Forms and Certifications 71 C1. This Submittal Checklist Confirmation 71 C2. Bid Form Pricing) CONFIDENTIAL 72 C3. Vendor Reference Forms 75 C4. Hold Harmless and Indemnity Clause 78 C5. Non-Collusion Statement 79 C6. Sworn Statement…Public Entity Crimes 80 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 5 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 793 C7. Certifications Regarding Debarment 82 C8. Drug-Free Workplace Program 83 C9. Solicitation, Giving, and Acceptance 84 C10. W 9 Request for Taxpayer Identification)85 C11. List of subcontractors 86 C12. Certificate(s) of insurance 87 C13. Proof of State of Florida Sunbiz Registration 89 Appendix 91 Appendix 1 Letters of Support 91 Appendix 1.1 Rider Letter of Support:91 Appendix 1.2 Letters of Support:98 Appendix 1.2.1 Water Taxi 98 Appendix 1.2.2 Downtown Development Authority, WPB 99 Appendix 1.2.3 Cityfi 100 Appendix 1.2.4 Billy’s Stone Crab 101 Appendix 1.2.5 World Tire Inc.102 Appendix 1.2.6 Margaritaville 103 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s 104 Appendix 1.2.8 Diplomat Beach Resort Valet Services)105 Appendix 2 Example of Data Report 106 Appendix 2.1 February 2023 Hollywood Data Report 106 Appendix 3 Case Studies 112 Appendix 3.1 Hollywood Case Study 112 Appendix 3.2 Brightline Case Study 115 Appendix 3.3 San Diego Case Study 118 Appendix 4 Additional Past Project Experience 120 Appendix 4.1 New Rochelle NY 120 Appendix 4.2 Brightline 120 Appendix 4.3. West Palm Beach, FL 121 Appendix 4.4 Pompano Beach, FL 121 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 6 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 794 B1. Approach and Methodology In 2019, Circuit and the City of Hollywood crafted one of the most advanced Neighborhood Electric Vehicle NEV shuttle services that had ever been deployed in Florida. Circuit is very pleased to provide our plan to the City of Hollywood in its endeavor for the next generation of transportation access in Hollywood. Circuit is eager to continue to operate the Hollywood Sun Shuttle as an active, engaged and embedded partner of the City and business communities. We are very excited to evolve the current Sun Shuttle service and match the needs of the RFP. We understand that the City wants to offer dynamic allocated routes and schedules to match consumer demand and support the upcoming fixed route community shuttle services. Over the last four years, Circuit and the City of Hollywood have worked in partnership to provide residents and visitors with a micro-transit mobility offering that is effective, sustainable, supports the local business community and provides a fun experience for riders. We look forward to the next iteration of transportation offerings in Hollywood, and hope that with our carefully crafted service operations plan, we will continue to work in partnership to support the City's transportation goals for its residents and visitors. The team at Circuit is incredibly proud of the work it’s accomplished with the City of Hollywood over the past 4 years.“Sun Shuttle Exceeds City’s Expectations” Hollywood Gazette) was in the headline of an article a few months after the service started and the service, team and technologies have continued to improve ever since. Not only is the Sun Shuttle exceeding the City’s expectations, together we’ve crafted a service that is exceeding the performance of nearly every other On-Demand service in the country. Since starting, other new vendors have come about and new technologies have been introduced, but when comparing ridership, ridership per vehicle hour, rider feedback and the cost per rider, there are few, if any services, run by other operators that have been able to achieve the demand and performance that we have in Hollywood. We’re committed to the City and committed to improving the Sun Shuttle for years to come. B1.1 Service Planning, Research and Analysis We've spoken with our Managers, Supervisors and Driver Ambassadors, surveyed riders, analyzed our historical data, and are confident that we can continue to deliver, and improve upon, a successful mobility option for the residents, visitors and community members of the City of Hollywood as we have since 2019. With 12 years, 190 vehicles, 9 states and 24 cities of operations, Circuit brings its national experience and network to the benefit of each City it works with. Our roots are in South Florida and specifically Broward and Palm Beach counties, where we have operated since 2011. Based on RFP Exhibits A and B, and the desire to operate three separate micro-transit zones, we have designed a service that is supportive of the City's goals, will continue to partner with the business community, is user friendly for the residents and visitors and complementary to the City's upcoming fixed-route community shuttles. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 7 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 795 B1.1.1 Existing Services in Hollywood and South Florida Since 2019, the City of Hollywood has partnered with Circuit to provide a 100% electric micro-transit solution for residents and visitors. For just $2 per rider, the Circuit-operated Hollywood Sun Shuttle takes riders anywhere within the coverage area zone through our on-demand app or by waving down a driver. Hollywood has been a model city in the region and the services have been highly utilized and immensely popular among riders in the community. For more information on the existing service, please see below: Hours of Service ●Monday:10 00am 9 00pm ●Tuesday:10 00am 9 00pm ●Wednesday:10 00am 9 00pm ●Thursday:10 00am 9 00pm ●Friday:10 00am 10 00pm ●Saturday:10 00am 10 00pm ●Sunday:10 00am 9 00pm Total hours of operation/week: 79 Vehicles ●Eight 5 Passenger 6 seat) GEM Vehicles available during the Summer Months ●Ten 5 Passenger 6 seat) GEM Vehicles available during the Winter and High Season Months ●One ADA 3 Passenger 4 seat) GEM Vehicle available year round ●One 12 Passenger 13 seat) Ford E Transit Electric Van Drivers/ Ambassadors: ●19 Total Staff, 14 of which are Hollywood Residents City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 8 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 796 ○7 Full Time ○12 Part Time Ridership: ●Total Riders/Month (past three months since RFP March 2023 submission) ○Jan 2023 11,070 ○Feb 2023 11,803 ●Average Riders/Ride (past three months since RFP March 2023 submission) ○Jan 2023 1.75 ○Feb 2023 1.88 ●2022 Total Ridership in Hollywood 146,710 riders! Note: These are logged riders and may skew 8 14% below the actual ridership Fare: ●Free (from launch in April 2019 to April 2021 ●$1 (started April 2021 ●$2 (started April 2022 to Present) ●$18,399 (returned/credit to City of Hollywood in February 2023 Coverage area: FEBRUARY 2023 HEATMAP CURRENT GEOFENCED SERVICE AREA Western Hollywood Pilot Service Expansion- starting March 13 2023 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 9 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 797 Upcoming March 2023 Western Hollywood Service Expansion Pilot Circuit,at no additional expense to the City, and in an effort to further support understanding Hollywood travel patterns, is working with the City Engineering department to conduct a pilot program using EV vans and our existing rider app to offer service west of our existing coverage area. If selected for the RFP we hope to leverage the information from this pilot to better inform the structure of future MTZ Zone 3 services. B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery After reviewing the details of the RFP, we immediately began our planning and analysis process. Fortunately, with four years of operating experience in Hollywood, FL, we were able to leverage feedback from our existing riders, driver ambassadors and the local business community, our review of the RFP and the Counties transportation systems, and use historical data from our Circuit on-demand rider and driver applications as well as our growing and evolving data reporting dashboard, to inform what we believe are the best options for the community within the parameters of the RFP. What We’ve Learned from Our Riders, Drivers and the Local Business Community City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 10 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 798 In evaluating this opportunity, we started with the community. We hit the streets, spoke with Driver Ambassadors, rode along with our riders, and reviewed rider feedback from our application and our rider surveys: Feedback from our drivers ●We are the “tour guides” for the city! Our Driver Ambassadors know Hollywood, and we help bring people back to Hollywood. The resorts, hotels, businesses, all rely on us to help drive business. ●Residents would like us to expand to additional areas, including areas further West. ●More Circuit cars on the road- leading to faster pick up times and less delays! ●There are four major categories of people who use this service. ○Senior population 65 relies on Circuit to get to the grocery store, post office, pharmacy. Some do not have cars and are on fixed incomes. They need Circuit more than ever, we have developed trust with many Hollywood seniors, and they’ve come to rely on the service. For some, it is a necessity for them. ○Tourists and visitors often say “I wish I had this in our city! Many report to us that they love using the service; knowing Circuit is there gives visitors a peace of mind, that is why they love coming back to Hollywood and exploring the Downtown area. ○Residents and commuters who use Circuit to get to work every day. ○Local residents use us to get to the beach and businesses downtown as a hassle and drive-free option. Feedback from riders ●“Keep Circuit going. Your drivers are very nice. Circuit is much needed and much appreciated.” ●“Circuit prevents a lot of DUIs, accidents, and potential loss of life.” ●“Circuit is one of the things that makes Hollywood great 👍” ●“I enjoy Circuit. I love it when it's a nice day to just sit and relax while someone else drives.” ●“Circuit is great, I love having the windows-down, casual transportation option.” ●“With Circuit, I never have to worry about sitting in traffic with my car. I take it to/from my home to downtown and the restaurants at the Boardwalk, all while helping the environment- no gas! I love it!” ●“Circuit is a blessing for me. I don’t have a car and I’m handicapped, so I’m limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more Circuit everywhere- protect our earth from car pollution and continue to offer low cost rides. Thank you.” Feedback from local business community ●“Circuit is a great addition to the community helping locals and tourists safely move around the city in an eco friendly manner. During the COVID 19 Pandemic, Billy's stone crab and Circuit teamed up for deliveries to help people during quarantine. Thank you for your amazing services and helping our community!” Billy’s Stone Crab ●"We are very pleased with the results of our marketing efforts with Circuit. The combination of a wrapped vehicle along with conscientious coupon distribution by the drivers has been very effective for Rita's of Hollywood." Jody Ralfkind, Rita’s, Marketing & Community Outreach Director Letters of Support- Hollywood Riders City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 11 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 799 In addition to the Business Support Letter, Circuit recently also published a “Letter of Support” that went out to Hollywood Sun Shuttle riders. The document received over 122 signatures, ranging from residents 72 , visitors 40 , local business owners 7 , and others 3 . Please view Appendix 1 to reference the Letter of Support Riders) and Signatures. Letters of Support- Local Businesses We’ve received numerous Letters of Support from local businesses which can be seen in Appendix 1.2 Hollywood Sun Shuttle Rider Survey We conducted a survey at the end of 2022, prior to the RFP being released and to obtain qualitative feedback from riders in Hollywood. The survey received 700 responses from South Florida Circuit riders and 141 of these respondents noted that they use Circuit primarily in Hollywood. Based on the questions and responses we learned: ●94% responded “Yes” to the question “Do you think Circuit is a good addition to your community?” ●81% responded “Yes” to the question, “Does Circuit help you save money on transportation?” ●88% responded “Yes” to the question “Would you like to see more Circuit cars in service?” We were also excited to see the large number of respondents that used the service to go to Grocery Stores, Restaurants, Local Stores, and other areas of commerce. Based on our assessment and analysis of weighted average “spends” in these types of businesses, current ridership and industry publications2, we can confidently say that the service contributes to over $350k/month in economic activity. 2 https://www.apta.com/research-technical-resources/research-reports/economic-impact-of-public-transportation-investment/ City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 12 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 800 February 2023 Data Analysis from Existing Sun Shuttle and Methodology From this February 2023 Data Review we learned: ●Top 5 Pickup Locations and Dropoff located continue to skew towards serving leisure riders ●49% of the monthly rides were “pooled” meaning there are more than one group per ride. This is a key component to combating congestion and a key feature of the Circuit App. ●The busiest time of service is 3pm-6pm, however some riders have indicated they’d like to be able to use the service to commute in the morning In February 2023, the top five drop off and pick up areas for the Hollywood Sun Shuttle overwhelmingly showcased ridership patterns that riders are using the Sun Shuttle for shopping at Publix and for leisure trips to and from restaurants downtown and the beach. As showcased below in ridership broken down both hourly and weekly, weekend trips see the busiest service days with service dipping on Wednesdays. Ridership sees daily peak times between 2pm and 6pm, and begins to drop off by 7pm. February 2023 Ridership Average Weekday Ridership City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 13 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 801 February 2023 Ridership Average Hourly Ridership February 2023 Heatmap Top Five Pickup Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 14 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 802 Address 3 Mobility Hub 320 Johnson St. Hollywood FL 33019 4 Beach Pickup 1111 N Ocean Dr. Hollywood FL 33019 5 The Diplomat 3555 S Ocean Dr. Hollywood FL 33019 Top Five Drop off Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle 3 GG’s Waterfront Ocean Resort 4 Twin Peaks Hollywood Blvd 5 DoubleTree Resort by Hilton Hollywood Beach In determining expected ridership and number of cars needed, Circuit’s team analyzed past and current Sun Shuttle data, in contrast to the given upcoming Community Shuttle routes and schedules, to determine the best service hours for the MTZ zones, and how this will impact fares and net costs. Circuit can use this data to help the City and County in crafting community shuttle routes and stops. Circuit, if the City is interested in pursuing this option, can also set up predetermined pickup and dropoff spots around the zone that align the upcoming stops for the community shuttle routes. Example: Red Line Route from Exhibit A of the RFP Left) and a heatmap of common pickup and dropoff areas from Circuit’s database Right). B1.2 Our Project Plan City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 15 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 803 Circuit understands the City’s Goals for this RFP and we have crafted a program that meets the needs of the community and is confident that in partnership with the upcoming Community shuttles, the Hollywood Sun Shuttle will continue to support mobility options and reduce traffic congestion. We're one of the few providers with experience operating numerous electric vehicles (and types of electric vehicles) as part of the same fleet. The existing Sun Shuttle’s fleet includes standard and ADA GEM Neighborhood Electric Vehicles NEVs) and Ford E Transit EV Vans. Expanding upon our existing fleet of electric vehicles, existing team of local W2 driver ambassadors, and the Circuit on-demand rider and driver mobile applications, Circuit is prepared to continue to deliver best in class services for the City of Hollywood, as detailed in our operating plan and alternative plans listed below. B1.2.1 Proposed Operating Plan: Circuit is willing and eager to run a program that is designed to meet all of the requirements of this RFP. Additionally, as detailed in the alternate options below, Circuit would like to work with the City to explore what modifications to the service details, operating hours, vehicle types and coverage areas can be adopted in an effort to maximize cost savings, the effectiveness of the on-demand services and to promote ridership on the fixed route Community Shuttles.Circuit is also willing to pilot new areas of Hollywood to test and determine needs, usage and long term feasibility of the respective communities. Following the guidelines set forth in the RFP, Circuit will structure a service that adheres to the City’s vision, however Circuit has also offered a few alternative options for consideration. If selected, the Circuit team would love to work closely with City staff and local stakeholders to review and refine the operating plan as desired, to best meet the needs of the community within the available budget. These plans can all be adjusted and it is our hope that these examples provide further context around what modifications might be considered. Proposed Operating Plan Quick Facts: ●Total Hours Per Week:56 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:3 Separate Zones ●Notes:This option is based on the hours indicated by the RFP, broken out by the zones indicated in the RFP and within the range of the current service budget. This service would reduce the number of hours compared to the current operation. Days & Hours of Operation Based on our existing data we propose the following service hours per zone. Based on seasonality and demand patterns we can amend these hours as needed or at the request of the City of Hollywood. ○MTZ Zone 1 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 2 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 3 Seven days a week, eight hours a day 10am 6pm ET City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 16 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 804 Coverage Areas MTZ Zone 1 MTZ Zone 2 MTZ Zone 3 *Note: MTZ 3 could be extended in the northeast corner to include service for the Hollywood Tri-Rail Station City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 17 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 805 Vehicles Seven 7 Vehicles in Total ●Three 3 Ford E Transit EV Van ○Electric Vehicle ○Model year 2022 or newer, all weather ○12 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible Ford E Transit EV Van ○8 passenger seats + driver, 1 ADA position ○Flexible to move to any of the MTZ’s when and ADA trip is requested ●Two 2 GEM e6 Neighborhood Electric Vehicle) NEV vehicles ○Electric Vehicle ○Model year 2020 or newer, all weather ○5 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible GEM NEV vehicles Bonus No Additional Cost) ○Electric Vehicle ○Model year 2020 or newer, all weather ○3 passenger seats + driver, 0 ADA positions Vehicle allocation by zone ●MTZ 1 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 2 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 3 2 Ford eTransit EV Vans ●Total 7 6 Vehicles + 1 Extra Standby ADA NEV One Ford EV Van is a Wheelchair Accessible Vehicle WAV with eight passenger seats including the wheelchair, as well as one ADA GEM with four passenger seats including the wheelchair. The ADA Van will be available to move between zones as needed. As we already have a Sun Shuttle branded Wheelchair Accessible GEM car in the market we would bonus that vehicle at no additional cost to the City. Per our existing Sun Shuttle ridership data, we see 6 8 WAV requests per month on average. For this program, we propose all-electric GEM e6 vehicles and Ford E Transit EV Vans- one of which is wheelchair accessible WAV . These cars will operate in a demand-based coverage area with point to point service where riders can request a ride to/from any location within the geo-fenced service map. These vehicles allow for easy boarding and Circuit’s pooling algorithm will further reduce single occupancy vehicle trips by linking riders headed in the same direction, with parameters specified in coordination with the City. For further information about these vehicles and their specifications and capabilities please refer to Section B3.6 Vehicle Capabilities. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 18 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 806 Fares Historical Information Sun Shuttle initially started as free to the user. In April of 2021, at a renewal of the contract, Circuit was asked to implement a $1 fare to control demand and offset some cost to the City. In April of 2022 it was decided to increase the fare to $2 per rider after the initial success of the fare implementation. Fortunately, we found that the fares did not negatively impact total ridership, and in fact led to higher efficiency due to reduced cancellations from riders. The Sun Shuttle service has been incredibly popular, so there are times where demand outweighs supply and wait times begin to climb. The fare program is a valuable tool in controlling demand and reducing cancellations. Proposed Fare Rate Confidential) The $2 rate continues to be met with little resistance, has helped efficiency, and reduced frivolous trips. We are confident that for this expanded service $2 would continue to be an appropriate fare, with the potential to increase to $3 per rider for on demand service. It could be capped at a set amount so that large groups are not paying $12 or $15 but rather cap the group fare at $7. Additionally, Circuit is building a zone pricing feature in its app so that it will be able to offer the City the option to adjust pricing based on zones. For example, the structure could be set that within a single zone the fare is $2, however if you travel between zones it increases to $3. There is also the option to provide free rides via promo codes. Hollywood riders could ride free in September, for example. Partnership with the Local Business Community We appreciate the City's intentions to tie in with the local business community and we've demonstrated our ability to work with local businesses in Hollywood, working with partners like The Water Taxi, Billy’s Stone Crabs, the Hollywood CRA to promote local events such as Art Walk, Hollyweird and Dream Car Classic, and other local stores, restaurants, and attractions. We've also built a system where we can pre-sell discount/promo codes to businesses so they can offer those codes to their customers. For example, Rita’s is one of our current advertisers, and we can provide “discount coupons” to riders, driving business to the local Rita’s stores. This concept has been well received and we will make an effort to review this, and other ways to encourage buy-in from the local business community through targeted marketing campaigns and activities. We also work with the City of Hollywood and their Marketing team on awareness and education activations, such as the “Turtle Nesting” campaign from March 2023 October 2023. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 19 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 807 Grocery Distributions (during COVID , in partnership with Feeding South Florida City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 20 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 808 B1.2.2 Alternate Options for On-Demand Services Our alternative approaches are explained in more detail below, and have the capabilities to make the micro-transit service more robust and cost effective. While increased services may increase total costs, these services allow the City to get more “bang for the buck”. Circuit is prepared to operate the service in adherence to the RFPs specifications as we have laid out in our proposed operating plan, but we wanted to bring to the City’s attention our alternative approaches as a means to serve more riders and provide a connection to other communities and mass transit. B1.2.3 Alternate Operating Plan A The 1st element of the proposed alternative plan involves joining MTZ 1 and 2 in an effort to provide more circulation along the barrier island and around downtown as well as seamless connectivity between downtown and the beach. Coverage Areas Alternate combined MTZ 1 & 2 to service the barrier island and downtown and to connect both later in the evening after some Community Shuttle routes ceases operations at 5pm City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 21 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 809 Alternate MTZ 3 service area to include Hollywood Tri-Rail station and the option to extend to Memorial Regional Hospital Alternate Option A Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 1 and MTZ2 become combined into a bigger zone with 2 EV Vans and 2 GEMs. MTZ 3 remains as its own zone, with slightly adjusted coverage area to include Tri-Rail and Memorial Regional Hospital, serviced with 2 EV Vans. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. B1.2.3 Alternate Operating Plan B Alternate Option B Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ 2 become combined into a bigger zone. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 22 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 810 ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. B1.2.4 Alternate Operating Plan C Alternate Option C Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$3 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ2 become combined into a bigger zone. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. With this option, as with any of the options, Circuit can work with the City to explore predetermined pickup and dropoff spots, using the Circuit Connect Smart Spot approach, adjusting pricing models for fares, zone-based pricing to adjust prices, and or a combination of these features. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 23 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 811 Alternate Option C Zone Mtz-1 & 2 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations Alternate Option C Zone Mtz-3 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 24 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 812 B1.2.2 Drivers Circuit will leverage its existing team of experienced W2 employee Driver Ambassadors, Local Managers and Supervisors in Hollywood,ensuring service performance and company operational standards. 14 of the 19 current Hollywood Driver Ambassadors live in the Hollywood community and all Driver Ambassadors have experience operating in the proposed micro-transit coverage areas. As a reminder to the City, all of Circuit’s qualified W2, local, screened and background-checked Driver Ambassadors are a critical part of Circuit’s proposed approach to this project. Circuit has built a successful, proud team in the City of Hollywood, and hopes to use and expand this team going forward. The average tenure of our Hollywood staff is 21.8 months. Drivers are required to speak fluent English and several are bi-lingual, many also speaking fluent Spanish. Many of our drivers in Hollywood have been working in the community for multiple years, live locally and have become true ambassadors of the area. This local experience is not something that can be taught or trained and has continued to become more valuable in delivering the best quality of service for the City. For more details on our driver training, qualifications and certifications,please see section B4, below. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 25 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 813 Circuit’s Hollywood team, fleet of event-ready GEM NEVs, 100% Electric Vans & Teslas at Safe Streets Summit 2023 B1.2.3 Technology Since the Sun Shuttle’s launch in 2019, Circuit has used our custom proprietary mobile app to move over 500k riders.Throughout Sun Shuttle’s lifetime the service has gone through 25 app upgrades to improve bug fixes, integrate fares and deliver smarter routing capabilities. Circuit’s tech team has continued to grow, improve and roadmap new features and enhancements for 2023 and 2024. Current version of the mobile app in Hollywood, including ADA request option, 2023 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 26 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 814 Circuit was able to integrate fares and user payment profiles into the app in March 2021 when the service went from fare-free to $1, and again in March 2022 with the $2 fare increase. More details, including a deeper dive into Circuit’s Technology is available in Section B3.5 Technological Capabilities. B1.2.4 Timeline With robust infrastructure already in place such as experienced Hollywood Management, Supervisors, Driver/ Ambassadors, support from local Corporate staff, vehicles and maintenance, parking and charging, Circuit can seamlessly transition from existing services in Hollywood to this updated program. CIrcuit has direct access to the manufacturer and can add additional vans (beyond the current pilot with vans), within 30 days. Currently the Sun Shuttle program has been extended through July 2, 2023. Circuit is comfortable committing to operate the new service starting on, or if needed, prior to the existing contract ending. B1.2.4 Project Team and Organizational Chart Project Team Qualifications Partner/ Project Manager Jason Bagley -Jason is a National Partner at Circuit, has over 12 years of experience operating similar services in South Florida and would be the primary contact for this program. He controls all South Florida operations and comes at no cost to the City of Hollywood. Jason currently oversees Circuit’s national fleet operations for 190 vehicles and our operations with 60 vehicles in Palm Beach, Broward, and Miami counties. Jason has been operating 100% electric shuttle services in Broward County since 2011 and with his fleet expertise spends time consulting the GEM corporate technicians on vehicle diagnostics and new solutions. He will be the lead in preparing for and launching operations and will oversee local managers during operation, oversee ongoing maintenance, and coordinate any changes to service such as service expansion. He has been an integral part in launching service in several markets, as well as assisting in managing operations across the country and focusing on national quality control. Before joining Circuit in 2012, he worked as a Regional Manager for a full service National Parking and Transportation Company. He received his BA in Communication from Florida Atlantic University. Jason is based in Fort Lauderdale and is active in the community. Public Partnership Manager Alana Wortsman -Alana brings 13 years of experience in the nonprofit sector, helping to create more sustainable communities. At Circuit, she now helps manage the public-private partnerships in South Florida. Alana works with current service cities on community engagement, events, public affairs, grant opportunities, and marketing materials. Alana was born and raised on Long Island, NY and has a Communications degree from SUNY Oneonta. Alana now resides in Hollywood, FL as her place to call home. For fun, you can catch her riding her bike down Hollywood Broadwalk or running with her dog along A1A. Regional Manager Camille Santiago Manages hiring, onboarding and scheduling for all South Florida operations and comes at no cost to the City of Hollywood. Camille currently oversees and schedules roughly 35 managers, supervisors and drivers in Palm Beach and Broward counties only. Her background City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 27 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 815 is Community focused relations with experience in transportation related industry. Manager and shift supervisor (explained below) onboarding is crucial to service success and having a dedicated manager with experience in multiple locations but at the same time hyper-focused in one area is crucial. Area Manager Bob McCure -Bob is currently an Area Manager overseeing all day to day operations of Circuit’s Broward locations. Bob has been with Circuit since 2015 where he started as a driver in Fort Lauderdale. His positive attitude, attention to detail and effective leadership has paved the way for several promotions over the years. Today, Bob manages Fort Lauderdale, Pompano Beach and Brightline Ft. Lauderdale locations and teams. Bob has used his experience in recruiting to successfully build and retain teams which has produced several supervisors and future location managers to keep up with company growth opportunities. Bob was born and raised in Plantation and now calls Fort Lauderdale home. CEO / Co-Founder Alex Esposito Started on a hunch that shared, electric rides would help alleviate parking congestion at the beaches, Circuit (formerly The Free Ride) has evolved into a last-mile mobility solution that’s embraced by cities across the US. He has 10 years of experience in on-demand electric micro-transit services. Prior to Circuit, Alex worked as a consultant for Accenture NYSE ACN and in marketing for Vistaprint Nasdaq: CMPR . He holds a BS in Finance and MBA from Bentley University. Alex has been a featured contributor at Smart Cities NY, LA CoMotion, 20 20 Cities Boston, South Florida Safe Streets Summit, Urban-X and LACI. He’s been recognized as a Forbes Next 1000 Entrepreneur and a Association for Commuter Transportation (actweb.org) 40 under 40 award recipient. Alex is based between Circuit’s Fort Lauderdale Office. COO / Co-Founder James Mirras Oversees all national operations and will work closely with Jason Bagley to plan and set up operations, hiring processes, tech improvements, reporting processes, metrics, and any additional requests of the City of Hollywood. James is the head of Operations and Finance. He has a total of 10 years of experience in transportation services similar to those requested by this RFP. Beginning in 2011, James started the Hamptons Free Ride (now Circuit) operations in East Hampton, Southampton and Montauk, NY. His attention to detail, people skills, and strong work ethic helped create a solid foundation that the company has been able to grow from. James moves between the company’s locations, focusing on business development, management training, vendor relations and overall strategy. James received his BS in Finance from University of Florida. After graduating in 2009, he worked for Morgan Stanley NYSE Transportation Development Coordinator Isabella Downes Isabella is a Transportation Development Coordinator at Circuit, supporting sales and partnership teams to launch on-demand 1st/last mile mobility solutions. Isabella has 5 years experience working to drive innovation between public and private entities. She has launched over 10 micro-transit services that are meant to act complementary to existing transit infrastructure or as stand alone services in light of no other transit options. Isabella has published two studies exploring transportation access in various US cities and the impact access has on socioeconomic development. Isabella holds a BA in Public Relations from Wayne State University and an MA in Sustainable Urban Development from DePaul University. In addition to her role at Circuit, Isabella serves on the Young Professionals in Transportation- NYC Board as the Director of Programs Co-Chair. She is very passionate about solving complex transportation justice issues. Head of Technology Tucker Costello Tucker is the Managing Director, Internal Development for Circuit. He handles internal business and technical development. He has over 5 years of experience in transportation services similar to those requested by this RFP. He handles new app deployments, City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 28 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 816 including testing and ongoing support. He works closely with our operations teams to incorporate partner, driver, and rider feedback from our locations to ensure a seamless experience throughout our platform with timely and relevant updates. Tucker holds a BA from Skidmore College. Over a decade of hands-on hardware and software implementation has given him a deep understanding of how technology enhances our work. Tucker would handle the location deployment within the mobile app, testing and coordination with operations staff, handle features requests, and lead ongoing testing and technical support. In House Counsel Anita Chen -is counsel for business development. Anita received her BS in Finance and Marketing from New York University and her JD from Touro College Jacob D. Fuchsberg Law Center. Prior to law school, she worked at Bankers Trust Company in New York City as an associate in their commercial paper department. As a lawyer, she worked for LeBoeuf, Lamb, Greene & MacRae as a litigator representing clients including Lloyd’s of London, Prudential Financial and Barneys New York. After several years in the private sector, Anita joined Manhattan Legal Services representing low-income residents in New York City. She now counsels for many small-businesses including taxi medallion companies, real estate holding companies, bars and restaurants. Anita has been with Circuit since 2018. Organizational Chart B2. Environmental & Sustainability Benefits We understand and appreciate the City’s desire to implement environmentally friendly services to the City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 29 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 817 community. With the Sun Shuttle, Hollywood was a first-mover in Florida as it relates to deploying electric vehicles into public services. With the current Sun Shuttle program, Circuit and the City are currently helping to avoid over 9 Metric TONS of GHG emissions per month. Circuit applauds the City of Hollywood for its committed, forward thinking and dedicated approach to solving last mile, congestion, and emissions challenges and the strong commitment to a sustainable fleet. Circuit remains committed to using only 100% battery electric vehicles. The vehicles are ideal vehicles for short-range, sustainable, about-town transportation and Our 100% electric fleet exceeds the RFP’s specifications for “environmentally friendly and sustainable vehicles”. Fortunately, impact is inherent in the service we offer. The more shared rides that we provide, the more emissions and vehicle miles traveled VMTs) are reduced. There will be a heavy emphasis on ridership and we will measure success based on metrics including but not limited to: total ridership, riders per ride, riders/hour, jobs created, connections to transit, customer experience, and GHG emissions reduced. High ridership shows us that riders are happy, the service is priced effectively and the design meets the needs of the community. High ridership also reduces the Cost Per Rider CPR . Single Occupancy Vehicles are bad for Cities. Circuit hopes that this program will continue to demonstrate how eco-friendly, shared and sustainable programs can help reduce the need for single occupancy vehicles SOVs), promote ridership on existing Transit, create jobs and reduce commuting costs, GHG emissions and VMTs. Electric first/last-mile micro-transit is a great option for all types of communities and has proven to be a success in Hollywood. Tracking the environmental benefits will be a priority moving forward and will help to unlock more funding from upcoming environmentally focused grant programs. Circuit has been fortunate to receive grants for environmental reasons including but not limited to our programs with NYSERDA, Clean Mobility Options Grants CMO , CARB Funding California Air Resources Board) and others. Circuit will track greenhouse gas emissions and tailpipe emissions reductions. We can provide estimates based on projections for vehicle miles traveled and FHWA and EPA metrics and constants for average vehicle miles per gallon by vehicle type and carbon constant for gasoline fuel. We can also generate these based on a shared ride model including ridership, average trip distance, and FHWA and EPA constants and metrics. B3. Vendor / Contractor Capabilities B3.1 Background on Circuit Circuit has enjoyed working with the City of Hollywood since 2019 to launch and operate the Hollywood Sun Shuttle. With over 11 years of experience, Circuit has established itself as a national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. We have a currently existing fleet of 13 electric vehicles, and a team of 19 EV trained and W2 paid employees in Hollywood. Additionally, we have a corporate team already in place in Hollywood, Florida with expertise in national operations, marketing, advertising sales, technology, reporting, and expansion. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 30 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 818 Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Circuit prides ourselves in closing first / last mile gaps and providing an enjoyable and safe rider experience. This encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as we have seen in Hollywood since the launch of Sun Shuttle. Specifically, Circuit has been the most successful in: 1. Connecting riders with local destinations including local businesses, restaurants, nightlife, transit, and parking 2. Encouraging ridership and ridership on other forms of transit 3. Forming public private partnerships PPPs) with cities, developers, entertainment and sports complexes, and local agencies to craft services for hyper-localized coverage areas 4. Building local, trained, w2 and background-checked teams that maintain a level of quality control and understanding of the area creating an enjoyable customer experience. B3.2 General Company Information CONFIDENTIAL General Information Within the last five years, Circuit has operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities, including City of Hollywood, City of Fort Lauderdale, City of Pompano Beach, City of Wilton Manors, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We have a current service contract with Brightline Trains. We have also privately funded services in Miami, Pompano Beach, and Palm Beach Gardens. Circuit also has experience with FDOT funding requirements. ●Business Name:Circuit Transit Inc. (wholly owned Subsidiary of TFR Holdings Corp) ●Corporate Headquarters: 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Phone Number: 646 504 3733 ●Website:www.ridecircuit.com ●Corporate Employees: 32 Full Time ●Driver Ambassadors: 360 ○Full Time: 159 ○Part Time: 154 ●Professional Staff: Circuit has 92 employees working in Broward County, with 19 in Hollywood. Circuit has a total 164 South Florida employees. ●Employee Retention: Quarterly Avg): 94% ●Local Hollywood Address:2031 Harrison St, Hollywood, FL 33020 Circuit has a current office in Hollywood Florida. If selected for the next iteration of the Hollywood Sun Shuttle service, Circuit will use the local office at Buro at 2031 Harrison St, existing vehicle charging and parking at Circ Residences/ Publix garage at 1780 Polk St and at Costa Hollywood Beach Hotel at 777 N. Ocean Dr. Additionally, Circuit has a nearby regional office at 501 E. Las Olas Blvd, Suite 200, Fort City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 31 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 819 Lauderdale, FL 33301.Circuit has a Corporate office at 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Business Incorporation Date & Location Circuit has been operating in Florida since 2011 through its wholly owned subsidiaries Eco Cab LLC and South Florida Free Ride LLC. Eco Cab LLC and South Florida Free Ride LLC were organized and formed in the State of Florida in 2008 and 2012 respectively. As a part of the restructuring of the companies, Circuit Transit Inc was incorporated in 2018 in the State of Florida acquiring Eco Cab LLC and South Florida Free Ride LLC. Circuit Transit Inc, previously TFR Transit Inc, is a wholly owned subsidiary of TFR Holdings Corp, which is incorporated in the State of Delaware. ●Local Business and Legal Status -Circuit Transit Inc is a C Corporation incorporated in Florida. Circuit Transit, with its affiliated operating companies, has been operating in Florida since 2011. Circuit is a local business with current operations in Broward County in nearby communities including Pompano Beach, Fort Lauderdale, and Hollywood as well as a partnership with Brightline. Circuit operates over 40 on-demand micro-transit services across the US. Circuit is the operator of the Hollywood Sun Shuttle, Pompano Beach Circuit, West Palm Beach Circuit, and Brightline+ shuttle services. ●Business Licenses, Permits & Certifications Circuit has all required documentation in place to operate the services described in this RFP in the State of Florida and has operated similar services in Broward County. ○EIN 82 4586300 ○DUNS 117547537 ○US DOT 3562459 ●State of Florida, Applicable Code & Regulations:Circuit is fully licensed and certified in the State of Florida at the time of submittal for the type of goods/services to be provided. Circuit understands the regulatory requirements for the services to be provided and has met them for other city contracts. Circuit can meet these requirements and will adhere to all applicable code regulations at the Federal, State, and City levels. Primary Contact Person:Jason Bagley, Partner, National Operations - jason@ridecircuit.com - 305 494 1612 Additional Points of Contact : ●Alexander Esposito CEO & Co-Founder - alex@ridecircuit.com ●James Mirras COO & Co-Founder - james@ridecircuit.com ●Isabella Downes Transit Development Coordinator- isabella.downes@ridecircuit.com 734 478 4732 Business Structure, Parent Company and Subsidiaries Circuit Transit Inc. is a wholly owned subsidiary of TFR Holdings Corp. Eco Cab LLC and South Florida Free Ride LLC are wholly owned subsidiaries of Circuit Transit Inc. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 32 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 820 Evaluations and Reporting Staff Evaluations Circuit conducts regular management and staff performance reviews on a quarterly basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. Leveraging Data to Improve Performance We use the data we collect to continually improve our services and increase system efficiencies and quality. We analyze this data to make operational improvements - not just for reporting on performance. That ensures continued improvement through real-time changes combined with the operational management structure Circuit puts in place. For more information on how we use data to improve our services and our technological data capabilities, please see Section B3.5 Technological Capabilities. Other Reports Maintenance, Customer Service Circuit can provide other reports and updates as needed by the City and can include these in regular monthly reports as well. Circuit uses fleet management software to maintain logs and important information about its fleet status and maintenance. Our internal team manages and logs customer service and feedback. We also can include spatial mapping, such as the report below. Current Projects: Circuit has experience operating electric micro-shuttle operations in 40 locations across 9 states, including: Florida Services Hollywood Pompano Beach Fort Lauderdale Wilton Manors West Palm Beach Palm Beach Miami Brightline+ Fort Lauderdale, West Palm Beach, Miami stations) Gardens Mall Palm Beach Gardens) The Ben Hotel California Services San Diego Santa Monica Marina del Rey Venice Culver City Huntington Beach Inglewood SoFi Stadium NFL games, Super Bowl) Chula VistaLong Beach New York Services New Rochelle Williamsburg Brooklyn) East Hampton Southampton Montauk Amagansett Hauppauge Industrial Park Clean Air NY Pilot) New Jersey Services Asbury Park Belmar Shore Texas Services Dallas West Dallas Austin Houston Other State Services Boston, MA Plymouth, MA City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 33 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 821 Circuit has been fortunate to work with a number of cities and private clients on many micro transit projects that are similar to the services being described in the RFP. To learn more about our past project experience please reference section B5.2 Past Project Experience. Experience, Awards and Recognition -Circuit has been fortunate to work with, learn from, and be recognized for various Micro-Transit Initiatives around the US. For more information on Circuit’s Experience, Awards and Recognition, please see Section B5.1.3 Micro-Transit Operations Experience. Experience with Drivers, Hiring, Training, Performance Please see more information about Circuit’s experience with a W2, employee driver workforce in Section B3.7 Driver Capabilities. B3.3 Financial Capabilities CONFIDENTIAL As shown by its experience in Hollywood, FL, Circuit has the financial capabilities to run, manage and scale this program. Circuit recently raised a Series A round of financing that was lead by Tribeca Venture Partners with additional investments by CitiBank3Impact Engine, Los Angeles Cleantech Incubator LACI ’s Impact Fund and has previously received investments from notable investors including Urban-X, Third Sphere and the BMW Mini Group of North America. Circuit would be happy to provide more detailed evidence of our financial capabilities upon request. For general guidance, Circuit’s 2022 Annual Revenue: $15.5M USD B3.4 Revenue and Funding Capabilities B3.4.1 Advertising Capabilities Circuit is able to continue to offer third party advertising as an additional revenue option. Circuit currently offers a revenue share of advertising sold and executed on the service, and will continue to do so to lower the cost of the service for the City of Hollywood. Circuit has a successful history of planning, selling, and executing advertising campaigns for a variety of local and national advertisers with the City of Hollywood. The brand has a clean track record and is recognized as a reputable transportation company as well as a dependable media vendor. Advertising options include exterior vehicle wraps, interior digital displays, email/social campaigns, and product sampling. Circuit’s in-house ad-sales team has 45 years of combined experience designing, planning, selling and executing transit media campaigns. This advertising program can also help to promote local businesses, as we’ve seen by working with groups like Billy’s Stone Crabs, Ritas, and the Hollywood Golf Course. We see advertising as a way to reduce costs and provide a fun and engaging experience for the riders. We have found that brand sponsors improve the rider experience and the methods Circuit uses to advertise on behalf of its advertisers can also be used to market its services to future riders. Circuit has found that 3 https://www.prnewswire.com/news-releases/circuit-raises-11m-series-a-to-expand-ev-shuttle-business-301619296.html City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 34 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 822 our parameters around appropriate ads align well with those of our partners, and the City would continue to have final say on what advertisements are allowed and what would not be permitted. Any advertiser and specific content would be submitted for City approval. Based on our confidence in securing advertising partners, Circuit has included a guaranteed discount to the City as further detailed in section B.10. Some examples of past campaigns are included in the images below. Local businesses advertising on Circuit vehicles in Hollywood, FL. B3.4.2 Fare Revenue Capabilities CONFIDENTIAL Circuit has experience operating fare-based services in Hollywood, FL. In 2021 Circuit implemented a low-cost fare into the Hollywood Sun Shuttle program. The $0 service moved to $1 and Circuit saw the total ridership continue to grow, despite the increase. Upon further investigation, Circuit learned that the lack of impact on demand caused by the fare was largely due to the large increase in TNC prices in the area. In this example, the average TNC fare was over 4X higher, for rides starting and ending in the area. Furthermore, the team found that fares had an impact in reducing cancellations from riders and therefore led to a more efficient system that moved more riders. This fare model has worked well and Circuit has regularly reported on these fares and used them to reduce the cost of the service to the City of Hollywood. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 35 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 823 Circuit’s technology includes capability to charge fares on a flat fee basis as well as dynamic pricing, discount codes, and group rates. We have tested and proven technology, policies, and programs for offering fare-based programs. Our mobile app can accept payment via debit, credit, and prepaid cards. The application has the ability to charge a fee for service and has security in place to store encrypted credit card information via a third party integration with Stripe. For this program, Circuit will offer a flat fare of $2, keeping the fares consistent with how they’ve been structured in the past. Circuit has the ability to adjust this fare as needed, at the request of the City. Circuit can also “sell” promotional or access codes to local businesses so that they can prepay fares for employees and or customers. This approach can be useful in getting more financial support from the local business community and aligns with the City’s goal to make the program more financially sustainable. As part of the alternate options in Alternate Option C, Circuit has mapped out how increasing the average fare to $3 would impact the net cost of the service. Circuit, if the City is interested, can build a program that automatically adjusts fares based on the zones traveled to and from. For example, it might be $4 to go from Zone 3 to Zone 1, but only $2 to travel within a zone. Using this approach can increase the average fare collected per rider across the system. We can also cap the total fare per ride so adding additional riders will be less expensive than the first one. B3.4.3 Grant Sourcing Capabilities Circuit prides itself in our ability to help our partners source funds for initial launches, service expansions and to pilot new zones. Now, more than ever, grants are available to implement sustainable micro-transit systems that provide equitable and accessible transportation options that give way to environmentally forward thinking solutions. Our team, as we discover appropriate grant opportunities, will bring possible funding solutions to the City. Circuit has successfully secured grants and/or worked with Cities on grant programs in NY, CA, NJ and FL. Circuit has also been selected for and awarded grants from the State of California and State of New York with its municipal partners, including a recent Clean Mobility Options grant in 2021 and Clean Transportation Challenge Planning Grant for Electric Mobility in 2022. B3.5 Technological Capabilities CONFIDENTIAL Circuit’s custom proprietary mobile app for requesting rides available for Android and iPhone is available in both English and Spanish, with the ability to add additional languages to the platform as needed. Website: www.ridecircuit.com Apple: https://apps.apple.com/us/app/ride-circuit/id988052033 Android: https://play.google.com/store/apps/details?id=com.thefreeride.rider Circuit has developed its technology over the past 11 years and has built the technology with a variety of features that can be turned on and off, depending on the coverage area. Some of these features include approaches for smart spot locations vs fully on-demand, a pooling algorithm to maximize the utilization of the vehicles, dynamic fare models with flexible pricing and discount options, ADA accessibility and request features, Spanish language options, ratings and reviews and a number of other features. As the City is aware, our features have been built using feedback from riders, drivers and customers, utilizing the data generated across millions of rides. Since launching the Sun Shuttle service, we’ve introduced multiple new City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 36 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 824 versions of the app every year and continue to strengthen our roadmap of new features and options. This process is ongoing as we consistently strive to create the best user experience for our riders and partners. Riders have consistently rated our services very highly, both in internal and external surveys as well as the app stores. We have a 4.8 rating on the App Store and a 4.5 on Google Play (out of 5 stars), distinguishing us as the highest rated service on the Google Play Store compared to other micro-transit and rideshare services. We are committed to excellent customer experience and long term success, and our customer service team replies to all reviews in the app stores. The app is designed specifically for running and managing these types of on-demand, last-mile EV shuttle services and has been built and optimized based on data gathered from over 5M rides along with rider and driver feedback. Our user app is complemented by our driver facing app and management dashboard - a technology suite that we built specifically for our neighborhood electric vehicle operations. Circuit owns the app, all of the data, and can provide robust data reports, often limited by firms using white-labeled solutions. This further allows the team to make customized adjustments as needed by the City. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our dynamic pooling feature has resulted in 30% increases in ridership using the same number of cars and operating hours. This is true when we measure against our own services (turning pooling on and off) and also true when compared to other operators nationally. Pooling not only increases ride efficiency, it also decreases traffic, emissions and cost-per-rider, where we’ve proven to be more effective than other service operators. Unlike many white label solutions, Circuit owns its technology and is able to quickly and flexibly make adjustments and improvements. We are constantly improving the service and adding new features, which would continue to be available to the City at no additional cost. As with other local operations, Circuit can adjust the service territory, hours of operation, and other factors in a timely manner during the planning or implementation stages as needed - such as adding new service territories, adjusting temporarily for special events, adjusting seasonally, adjusting fare, piloting new zones etc. We also have a system in place for notifying riders of any changes to service, including in-app messaging such as updates to safety protocols and emergency conditions (hurricanes, flooding, etc). B3.5.1 Ride Request App Circuit has a custom mobile application available for iOS and Android phones where rides can be hailed within a geofenced zone. This application is a fare-integrated service model and is very user-friendly. Within the app, the user can see information about the service, add payment methods, see the coverage area map, select their desired pick up and drop off within the geofenced coverage zone, input number of riders, and request a ride. They are shown the estimated wait time, the location of the assigned car while on its way, and are alerted when the driver is close. After their ride, they can give a rating. Drivers receive notifications of the requested rides. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 37 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 825 The service territory is a geo-fenced coverage area that ensures rides can only be requested and completed within the service territory. Our team makes sure that these geofenced zones include exactly the territory desired and that riders can make a request anywhere within this zone. We can also exclude roads and highways with speed limits higher than 35ph within this zone to ensure vehicles are not dispatched to areas where pickup is not possible due to speed limits. Key Advantages of the App ●On-Demand; ●Ability to add pre-determined Smart Stops to reduce wait times in larger zones ●Data Tracked for Ridership, Reporting, Heat-mapping & Management purposes; ●Ability to notify riders of service disruption through multiple avenues. ●Ride pooling to reduce congestion and wait times. ●Fare Collection features with Discount Code Options ●Driver facing capabilities to communicate with riders via text and call prior to boarding the vehicle Circuit is working on several integration projects and can work with the City and County to integrate the Circuit rider app with other transportation applications, including applications that might be introduced with the upcoming fixed route community shuttles. B3.5.2 Driver App Capabilities Circuit’s driver app and proprietary dashboard is used to manage drivers and generate reports. Each of our drivers is provided a company phone to see ride requests, safely communicate with management and riders, and optimize routes. Our operations and technology teams work closely together to test new features and updates and fix any issues that arise. Our hailed ride feature enables drivers to track non-app-based requests through the driver app. With our pooling feature, multiple rides are able to be assigned to a driver and are viewable in a queue format to the driver. Circuit can work with the City for any desired technology integrations, and can provide any necessary performance and data reporting. Ride request heat map from Hollywood Sun Shuttle Program City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 38 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 826 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach For point-to-point service, a rider can go to and from any location within a geofenced coverage zone, typically focused on a small, localized coverage area. As mentioned in our alternative options, a capability of our technology includes the ability to set up a smart stop approach. The smart stop approach allows the rider to go to and from any predefined smart stop within a specified coverage area. A smart stop could be a predefined location at a school, transit hub, affordable housing community - or these could be spread throughout the community every few blocks, for example. We believe the smart stop approach is beneficial when covering larger service zones Circuit is flexible and able to adjust service before and after launch of services. As data comes in, Circuit can work with the City and the community to fine tune the service to best support the community shuttles in each zone. Please see below for a sample of proposed smart stops by zone. MTZ 1 Smart Zone Stops ●The Diplomat Beach Resort,3555 S Ocean Dr. ●Harry Berry Park,301 Azalea Terrace ●Arizona Street (By Taco Shack, across from Billy’s Stone Crab) ●Charnow Park , 300 Connecticut S. ●Hollywood North Beach Park, 3601 N Ocean Dr. ●Walmart, 2551 E Hallandale Beach Blvd MTZ 2 Smart Zone Stops ●Young Circle ●Publix, 1740 Polk St. ●Washington St. ●Hollywood City Hall, 2600 Hollywood Blvd. ●930 S 26th Ave. MTZ 3 Smart Zone Stops ●Publix Supermarket at Hollywood Mall, 3251 Hollywood Blvd. ●David Park Tennis Center,510 N 33rd Ct. ●Broward County South Regional Courthouse,3550 Hollywood Blvd. ●Orangebrook Golf & Country Club,400 Entrada D. ●Bob Butterworth Park, 5202 Washington St. ●Memorial Regional Hospital South,3600 Washington St. ●Washington Park,5199 Pembroke Road ●Harrison & S 56th Ave ●Sal Oliveri Veterans Park, 4701 Tyler St. B3.5.4 Using Data to Steer Service Operations Circuit has 4 years of information from our other shared, on-demand, electric shuttle services, allowing the team to utilize data from the Sun Shuttle, as well as other nearby Broward County operations and other comparable operations around the country. Consideration taken when forecasting ridership: City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 39 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 827 ●Size of the Coverage Area ●Hours of Operations ●Marketing to grow ridership ●Input from local stakeholders ●Performance of Comparable Programs ●Other transportation in the area While our data, local outreach, analysis, and research provide valuable insights month over month, we understand there will be unknowns and that we must monitor data and work closely with local stakeholders to make sure that we continuously adjust and improve the service to make sure it’s set up for long-term success in the City of Hollywood, as we have done since Sun Shuttle’s 2019 launch. We have refined our approach and recommendations in close coordination with City and CRA officials. Circuit’s Data Dashboard, Analysis and Expanded Features Since starting the program in 2019, Circuit has delivered monthly data reports to the City of Hollywood. By leveraging data from upwards of 17,000 transactions in a month, we’ve developed a healthy data set that provides information on top pick up and drop off locations, insights into ridership broken down by service hour and day, and the ability to monitor ridership growth throughout the service's lifetime. The system has also gone through numerous updates over the years and we’re proud to share that in the last 3 months we’ve built a relational database that integrates numerous data sets to help with data visualization, analysis and reporting. If selected for the next phase of the Hollywood Sun Shuttle program, Circuit now has the ability to add additional licenses for our City partners. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our next iteration of data reporting is a great value add for operations and transportation planning, this dataset can be a particularly valuable asset for the Cities long term urban planning initiatives. There are examples of updated data reports in Appendix 2, below. Pictured here is an example of the new zone-based analysis and heatmaps that have already been built. B3.6 Vehicle Capabilities In line with the RFP’s desire to have a sustainable fleet, Circuit proposes to use the currently existing GEM E6 all-weather, 100%-electric cars from Polaris Inc and Ford E Transit EV vans. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 40 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 828 Sea Turtle Nesting Season Artwork on GEM Neighborhood Electric Vehicle Neighborhood Electric Vehicle NEVs)Circuit will continue to use GEM E6 all-weather, 100%-electric cars from Polaris Industries. The slim and efficient design reduces interference with traffic and decreases passenger load time. The cars are ideal for short-range, about-town transportation. The cars are easily kept clean and are outfitted with comfortable seats, ample legroom, fans, 3-point seatbelts, cargo space, and a friendly, local ambassador/ driver. They include all-weather options, and Circuit operates these vehicles in South Florida markets year-round. The car’s design is fun and inviting in nature. Hollywood Sun Shuttle riders have responded very favorably to these vehicles. Ford E Transit Electric 13 Passenger Van Ford Electric Passenger Van There are a number of electric passenger van options that Circuit has used in other markets. There are OEM options as well as conversion technology options. Circuit has directly used Lightning Systems and Maxwell converted electric passenger vans. They are ideal for roads with speed City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 41 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 829 limits above 35 mph, programs requiring higher capacity, suburban trips, and can be outfitted for ADA accessibility. ADA Service Vehicles We are able to offer one 1 Ford E Transit EV Van which offers a full automated lift and the ability to secure wheelchairs within the vehicle, and 8 total seats (as opposed to the usual 12, + driver). Additionally, we are able to offer one 1 WAEV Formerly Polaris) GEM e6 ADA vehicle which offers a full, fold out ramp and the ability to secure wheelchairs within the vehicle, and 4 total seats (as opposed to the usual 5 seats, + driver). Circuit is pleased to offer this vehicle to the City at no additional cost, as it is a part of the existing Hollywood Sun Shuttle existing fleet. Samsara AI Dash Cameras Circuit has recently installed Samsara AI bi directional Dash Cameras in the entire fleet of shuttles in Hollywood. These cameras use computer vision to analyze the road and driver behavior in real-time—making it possible to detect distracted driving and even warn drivers of an impending collision, helping prevent accidents before they happen. Any incidents of distracted driving or harsh braking events trigger an alert to “watchers” of specific vehicles. This group includes direct local management, Regional and Corporate Management. Circuit Management staff can view real time video and still views of the interior and forward facing exterior view of the entire fleet at any given moment. For any incidents the footage can be viewed and saved to determine fault of any accident. Samsara AI Dash Cam dashboard with both views, saved footage and trip details including trip route, duration and pick-up and drop-off locations. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 42 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 830 B3.7.1 Vehicle Maintenance Capabilities Our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,000 5,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. Each vehicle within our fleet has a unique ID. Our operations team tracks vehicle characteristics and status through fleet management software and communicates this status to Regional Management and other corporate team members through shared documents and project management software. These characteristics and status include driver vehicle check forms, current and pending advertising campaign information if any, maintenance records, assigned operating location or special event, mileage, as well as general information such as color, make, model, year, features. Drivers check vehicles before and after each shift and fill out a vehicle check form. They perform cleaning duties before, during, and after their shift. Any issues are noted and reported to local managers, who coordinate maintenance and repairs. We have trained and certified maintenance staff in each operating region, and would train a local maintenance team in Fort Lauderdale to manage regular and ongoing maintenance for local operations, with manufacturer certification for the vehicles in use. B3.7 Driver Capabilities Circuit has a robust hiring and training program backed by standard operating procedures, driver manuals, and emergency and health & safety plans designed to provide high quality customer service through a fun and convenient on-demand service. As now with the current Hollywood Shuttle, Circuit will continue to ensure all drivers meet and follow the required guidelines as required by the RFP. As the City of Hollywood is aware, Circuit prefers to hire local w-2 Driver Ambassadors from within our service area who have local knowledge and experience. We focus on hiring drivers with high degrees of customer service and professionalism as well as local knowledge of the community, as our drivers are ambassadors for the local community.This model reduces greenhouse gas emissions by keeping workers local and supports the local community by providing jobs. Currently, 14 of our 19 Hollywood Sun Shuttle Drivers are Hollywood residents. You can find further details in the Driver Model section below. Quality Control is why we have successful operations throughout the country with several locations running for more than 5 years. We focus on recruiting, hiring, onboarding and training service oriented candidates with a strong driver safety record. Along with Driver Ambassadors we employ location Supervisors, Location Operations Managers, Regional Operations Managers and local corporate support. We use several training and monitoring programs including our own admin dashboard (backend of the Ride Circuit app) for a real time look at activity in the field - driver/ ambassador gps location, trip queue, availability status and rider reviews of the Driver/ Ambassador. Samsara AI Dash Cams provide a real look into the individual vehicles. Can record any video clips and alert the supervisor and management teams for any harsh events. Regular feedback and reviews by management to address any areas of concerns and give feedback. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 43 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 831 B3.7.1 Driver Model Each Circuit location has a dedicated team of managers, supervisors and drivers to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. Upon award of this contract, Circuit will be easily able to leverage our current driver ambassador team, and as needed, develop and provide a more specific staffing and personnel plan tailored to the final service scope. Please see below for the positions that are staffed to make up Circuit’s Driver and Fleet Team: ●General Manager / Operations Manager:Full time hired positions (depending on scope). Responsible for day-to-day operations, vehicles and staff. Reports directly to the Region General Manager. Direct reports are Shift Supervisors and Driver Ambassadors. Perform dispatch and customer service responsibilities as needed ●Shift Supervisor:Full-time hired positions. On-site at all times during service hours. Perform dispatch and customer service responsibilities as needed. Additional training and responsibilities. All shifts include at least 50% of shift driving in service. Shift reporting and “hand-off” submissions ●Vehicle & Warehouse Maintenance Manager:Circuit regional technician licensed and certified. Weekly, monthly & quarterly vehicle maintenance schedule. Direct contact with vehicle manufacturers and systems. Additional responsibilities, response, and reporting requirements as specified in this CFP. As needed, other operational staff may be trained and certified to assist Maintenance Manager with maintenance responsibilities ●Driver Ambassadors:Full-time and part-time employees Circuit hired, W2 employees). Living-wage pay and benefits. Follow Circuit operational policies and local rules for revenue service ●Driver Staffing:We first hire a base of full-time, set schedule drivers and then a base of part-time, set schedule drivers. We then hire a smaller group of fill-in drivers who do not have a set schedule but actively work each week to round out the schedule, either picking up any open shifts known in advance and/or fill in on call. We have a combination of longer shifts, allowing time for finishing rides, cleaning their vehicle, and checking out. We stagger and mix in shorter shifts throughout the day based on demand data learned over time to maximize efficiency. Circuit uses shift scheduling software to plan its staff schedules and make the process seamless for employees. What We Look For In A Driver Ambassador ●Outgoing, Inviting, Friendly ●Local Resident and/or Local Knowledge ●Safe & Responsible ●Customer Service experience ●Team oriented ●Self-Motivated with a focus on development ●Dependability Driver Requirements ●Legal:All Circuit drivers must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. ●Insurance Clearance:Background Check: All Circuit drivers must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 44 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 832 ●Personality:Circuit employees are more than drivers. Everyone is an ambassador to both the Circuit brand as well as sponsor brands. We look for motivated, outgoing, excited and responsible employees to represent our brand. ●Pre-Hire Driver Exam:Potential hires lastly go through a physical driving exam accompanied by the Operations Manager. The Circuit Pre-Hire Driving Exam is submitted to the Regional GM for final approval. B3.8 Customer Service Capabilities Customer Service One of Circuit’s core values is customer experience. Circuit focuses on hiring drivers and operational staff that exhibit excellent customer relations skills and value experience in customer service. We include customer relations as a part of our training program, which includes updates to policies related to safety and responding to rider concerns. We hire locally and prefer drivers that are familiar with the local community to act as an ambassador as well as a driver. We are committed to excellent customer experience and long term success, and our customer service team makes a point to reply to all reviews in the app stores. Circuit currently maintains a local Hollywood and South Florida workforce of managers, shift supervisors, and driver ambassadors in its operating locations, which are all trained in customer service. Circuit also has a regional manager in place, who manages operational functions such as permitting, maintenance, vehicle procurement, vehicle and driver insurance onboarding, hiring and training across multiple locations to maintain a consistent level of quality and operating efficiency. They are also integral to preparing for and launching new operational locations as well as coordinating new app feature launches. Our local operating and management staff are available during operating hours, which vary by location and are determined in cooperation with local partners. Training for employees involved in customer service include on-the-job training using pre-existing SOPs and quick reference guides for template responses to a high majority of common questions. This covers training with guidance specific to phone, ride request app, and email inquiries as well as those that might take place in-person. These employees have direct supervisors to reach out to for approval on sensitive topics to ensure compliance. Training is a multistep process that begins with shadowing another employee, hands-on training with supervision, and continued ongoing training. We have a multifaceted customer inquiry, and contact system, which our staff are trained to use and keep accurate logs. Operational staff are also involved in our local community outreach efforts, including representing the company at local community events. All staff are trained to respond to customer needs and handle any complaints in a timely and courteous manner. Riders can submit feedback within the mobile application and through the website, email and by phone. Circuit’s national corporate team monitors these as well as social media accounts and app store feedback/ratings. The national team will direct users to a local manager if and when needed. We also conduct regular rider surveys to analyze and improve our service offerings. Our team continually works to make its technology and information about its services accessible broadly to the local communities it operates in. As mentioned in Section B3.5 Technological Capabilities, our mobile app is available in English and Spanish. We have bilingual drivers and can include hiring preferences City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 45 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 833 for additional language capabilities. We have also created marketing materials in both English and Spanish. Circuit’s website and location pages include accessibility features, and our operations staff are trained in providing equivalent service and any additional assistance needed for riders with mobility impairments and disabilities. Our local teams can also assist riders in downloading the app, providing information about the service and the community, and responding to questions. Historically Circuit has seen driver ratings of at least 4.8/5 stars in all of its markets, and locally has an average of 4.9 over the past two months. Many of our services have a majority senior 65 ridership who use our services frequently for local trips and errands. Seniors have been strong advocates for our services. Our high ratings and strong local support are a direct result of the positive customer experience created by our drivers. Circuit will continue to provide updates and reports on Customer Service to the City as needed. B4. Driver’s Qualifications Hiring Process Each Circuit location has a dedicated team of local managers, supervisors and driver ambassadors to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. We would be able to leverage our existing Hollywood and operational experience and infrastructure to quickly and efficiently continue to staff Sun Shuttle as needed. As the City of Hollywood is familiar, Circuit’s drivers are more than just drivers. They act as local ambassadors; representing the city, providing local knowledge and encouraging local business. All driver ambassadors will be provided with a company uniform and name tag. All Circuit driver ambassadors must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. All Circuit driver ambassadors must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. For this program, we would implement the required background check and provide any needed documentation to the City. As required, we will implement the required FDOT Drug & Alcohol testing. We have identified a Florida based company, Accredited Drug Testing where we would establish a company account for testing. Accredited Drug Testing uses Quest and LabCorp national collection site network. Circuit will always commit to a local hiring preference in all markets. One of the many benefits of hiring locals include ensuring staff are familiar with the location and can serve as a knowledgeable ambassador. 74% of existing Hollywood Sun Shuttle drivers are Hollywood residents. As we have done in Hollywood and other markets, along with posting job openings on popular platforms such as Indeed, we can work with local workforce development and job placement centers to source qualified local candidates as is needed by the service or to support any future expansions. Circuit currently has multilingual driver ambassadors in South Florida and is able to include bilingual/multilingual driver ambassadors as a local preference for hiring, if desired by the City. Driver retention is a factor that the company is proud of- there are happy teams, and advancement opportunities in every market of service. Over the past 12 months we have seen a retention rate of 94% for the Hollywood Sun Shuttle operation. This is the result of the diverse work environment that Circuit City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 46 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 834 creates, the camaraderie among employees, the ability to grow, and the enjoyable, safe and fair management. As described in Section B3.7 Driver Capabilities, Circuit seeks specific driver qualities that ensure safety, professionalism, a focus on customer service, and knowledge of the City as a visitor destination. Circuit employees are more than drivers; they are ambassadors to the local community. Circuit conducts regular management and staff performance reviews on a weekly, quarterly and annual basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team. B4.2. Training Driver Training Program As the City of Hollywood is aware, Circuit employs and trains its operational personnel, including driver ambassadors. Circuit uses its successful developed personnel policies to create a hiring and safety program specific to the unique operation. The process includes hiring, background checks, drug tests, alcohol screenings, initial training, continued training and performance evaluations. We can quickly add drivers and vehicles to our national custom auto insurance policy. When the manager is comfortable with a candidate and decides to extend a job offer, they will be introduced to our staff training/development tools & programs. The hiring and training systems we have in place will help the City achieve its safety and accessibility goals with regards to this project while also ensuring a high quality customer experience, which encourages further ridership and exploration of the community. Circuit has a training program in place for new operational staff which covers safe and efficient operation of electric vehicles, cleaning and safety processes, and customer service. Circuit has a corporate operations team that develops and maintains operational policies and procedures including over 180 pages of Operations Manager and Driver Ambassador training guides and supports SOPS. They hire and train new managers and coordinate hiring and training for new drivers. Circuit has a Regional Manager in place for Florida. Drivers receive initial in-person training, are observed on ride-alongs, receive ongoing on-the-job training, and are updated on any new operational policies or procedures. Training is conducted by local managers and supervisors. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, in all of our markets, including Florida, for vehicle inspections and driver training and testing. We would institute our vehicle cleaning program to maintain the appearance and cleanliness of the vehicles along City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 47 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 835 with the safety and health of the passengers and drivers. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses a scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team Our training program specifically covers: ●Safe operation of an electric vehicle ●Efficient operation of an EV, maximizing battery efficiency ●Advanced cleaning procedures ●Safety guidelines and policies ●COVID19 advanced safety and cleaning policies and procedures ●Customer service and passenger relations ●ADA regulations and operations ●Use of the Driver Mobile App ●Communications policies ●Emergency procedures and plan ●Accident reporting/procedures Circuit also provides ongoing training / retraining and conducts performance evaluations. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, including in Florida, California and New York, for vehicle inspections and driver training and testing. Along with the initial training program, monthly and quarterly management ride-alongs specifically focus on customer experience. Additional staffing lead time is roughly two weeks for hiring and proper in-car and classroom training. Circuit currently has 75 employees in Broward County that are available to fill in any gaps or decrease lead time while we hire local staff from the City of Hollywood. B4.2.1 Certifications In addition to our vehicle maintenance certifications, our teams also hold certifications in WAV / ADA sensitivity training, as well as the National RTAP National Rural Transit Assistance Program) Certification, which is part of the FTA’s, “2 The Point” training and certifications around ADA and Sensitivity, Defensive Driving, Distracted Driving, Drugs and Alcohol, Passenger Safety. Additionally, We have staff that have completed PASS Training Passenger Assistance, Safety and Sensitivity. We also have our vans inspected and permitted with Broward County as Vehicles for Hire. B4.2.2 Drug Testing and Hiring Standard Circuit recognizes the requirement to enroll the company staff in an FDOT approved drug testing program and have a supplier of such services available. Currently in Circuits Hollywood Sun Shuttle operation, drivers, due to the type of vehicles, are not required to obtain a CDL or to complete FDOT certification as the vehicles are all under 16 passengers. Accredited Drug Testing works with a local LabCorp facility at 3700 Washington St. in Hollywood. Circuit has obtained pricing and details to enroll the staff into the program, and is willing and capable to complete that requirement. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 48 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 836 B5. Firm’s Qualifications and Experience Using teams of W2 Drivers, Fleets of 100% electric vehicles, and an on-demand app, Circuit has provided over 6M rides. As detailed in Section B3, Circuit is an experienced operator of Micro-Transit Services. Circuit will provide its turn-key micro-transit solution using a fleet of Ford EV vans and electric Polaris GEM e6 NEVs to meet the transportation, traffic reduction and sustainability objectives of the City of Hollywood. Circuit’s services can be expanded quickly, to implement the expansion of the service as set forth by the RFP. Circuit’s existing Hollywood, Florida Sun Shuttle service has proven to be cost efficient and effective in tackling the mobility challenges in the community. B5.1 Experience Overview B5.1.1 Experience Overview As referenced in Section B3.1, Circuit has over 11 years of experience as an established national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. Currently we operate 40 services across nine states. We are experienced in operating under COVID 19 restrictions and guidelines to ensure the health and safety of our riders and staff. We have a fleet of over 190 electric vehicles, a team of over 340 EV trained and W2 paid employees, and a local team of over 92 employees in Broward County and 164 in South Florida. We're one of the few providers with experience operating numerous electric vehicles as part of the same fleet. For more information on our technology, operations and maintenance experience please reference section B3. Vendor / Contractor Capabilities. Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Within the last five years, we have operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities in addition to the Hollywood Sun Shuttle, including nearby locations like Fort Lauderdale, Wilton Manors, Pompano Beach, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We additionally have a contract with Brightline to operate first/last mile on-demand services around stations in West Palm Beach, Boca Raton, Fort Lauderdale, Aventura and Miami. Circuit has operated services across the US, including in FL, CA, NY, TX, NJ, NC, MA, IL, and CO. As the City of Hollywood is familiar, Circuit has been most successful in first / last mile gaps and providing an enjoyable and safe rider experience. Our service model encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as is aligned with the RFP’s desire for a sustainable. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 49 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 837 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience As mentioned above, Circuit is the largest operator of neighborhood electric vehicles and has a growing fleet of various electric vehicles available in South Florida. We have Standard Operating Procedures, maintenance schedules, and operational expertise specifically for these vehicle types and their use in on-demand micro-transit service. Our experienced maintenance team is certified with Polaris Industries (transitioning to WAEV Inc.). For more information on our experience operation and maintaining these vehicles please see Section 3.6 Vehicle Capabilities. B5.1.3 Micro-Transit Operations Experience Circuit’s growth is largely due to its successful operations and satisfied customers. From technology, management, training and operations, Circuit’s full suite of services are best in class and offer the highest levels of quality for this type of service. Circuit maintains rigorous quality controls across all of its operations. Along with a dedicated, responsive and local staff, Circuit’s national team is readily available to handle technology improvements, vehicle enhancements, customer service, impact measurement and grant writing. The dedicated team and quality of service is what sets Circuit apart from other operators and will continue to offer the highest level of service for the City of Hollywood. Circuit, with its subsidiaries including Eco Cab LLC and South Florida Free Ride LLC, has operated on-demand micro-transit since 2011. Our on-demand services have included door to door and point to point services within a specified service territory. Circuit has experience operating these services for comparable cities and scopes of work focused on residents, guests, and commuters. Our on-demand service and mobile app make it easy to request a ride to local destinations, including shopping, restaurants, events, nightlife access and various appointments. We have the policies, procedures, and hiring and training standards in place to launch new markets and operate with a consistently high level of service, with specific attention to customer service. In our experience operating in South Florida, we know that extreme weather events such as hurricanes and flooding can be a seasonal occurrence. We have been able to manage flooding issues related to recent king tides and maintain appropriate levels of service. We have experience dealing with these issues and have an emergency plan in place. Circuit’s technology allows our team to be agile in its approach to addressing any disruptions or changes to service levels. Circuit’s team has been recognized for its efforts as an innovative neighborhood electric vehicle solution. In December 2019, Fast Company highlighted Circuit as the “Electric vehicle ride-share company that won the trust of cities without ‘disrupting’ them”.4 The team has also been featured in The NY Times, Business Insider, Forbes, Fox News, ABC, NBC and a number of other publications. Circuit has been the recipient of numerous awards like: Alonzo Award for Mobility in San Diego, Vendor of the Year Nominee Palm Beach Convention Center, Clean Air NY Champions Award, Lamplighter Award for Best New Service in San Diego, Rulebreaker Award for Startups Changing their Industries, 2018 Gold Medal Ad Club of New York, Outdoor Media Plan of the Year, Gator 100 Award (#20 , and numerous others. 4 https://www.fastcompany.com/90444895/how-this-electric-vehicle-ride-share-company-won-the-trust-of-cities-without-disrupting-them City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 50 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 838 Circuit was accepted and completed the URBAN X Accelerator5 program where it received an investment from BMW/Mini and access to international mobility experts. Circuit has also completed the Los Angeles Cleantech Incubator(LACI)6, Civstart7, Leading Cities8 and AWS Smart Cities Accelerators. The team recently closed a Series A capital raise, welcoming a strong group of new investors. Circuit’s team has been asked to speak/participate at events like CoMotion Miami, LA CoMotion, Association for Commuter Transportation International Conference, Safe Streets Summit, Electrify Expo, LACI’s Transportation Electrification Summit, SmartCities NY, 20 20 Cities, Civic Lab, and the UCLA Arrowhead Conference on Transportation. B5.1.4 Community Engagement Experience Circuit’s team has participated in local events such as Hollywood’s Candy Cane Parade, St. Patrick’s Day Parade, ArtWalk, Hollyweird, and in other service areas; Fort Lauderdale St Patrick’s Day Parade (annual), Broward Complete Streets, Food Deliveries in Hollywood for Feeding South Florida, and Cleaning Up Clematis in West Palm Beach. We do regular familiarization tours with media and meeting planners in our City Programs. We also donated a vehicle towards the recovery efforts for first responders to use during the Champlain Towers relief efforts. Along with events, Circuit stays actively engaged with our riders via the app, social media and publishes regular newsletters. Circuit has built a great base of over 10k local riders that we regularly send local newsletters to. This engagement has kept our ridership high and our riders informed of local events, happenings and businesses. HollyWeird Branding Partnering with Feeding South Florida to assist with Food Deliveries in Hollywood during Covid 8 https://leadingcities.org/accelicity/63dbbb3a-23ad-4572 87cf-2377dfdf766e 7 https://www.civstart.org/ 6 https://laincubator.org/second-cohort-of-market-access-program-provides-on-the-ground-mobility-solutions-for-communities-across-los-angeles/ 5 https://www.urban-x.com/ City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 51 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 839 Circuit vehicle donated for Champlain Towers Relief Efforts in Bal Harbor, FL. Sample Newsletter to Hollywood Riders, February 2023 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 52 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 840 As indicated in Section B1.2,Circuit regularly surveys its riders to learn more about the service and improve the quality of our offerings. Additionally, as indicated in Appendix 1.1,many of our riders are willing to add their names to a statement in support of our services B5.2 Project Experience B5.2.1 Past Project Experience- Hollywood Sun Shuttle Sun Shuttle- Hollywood, FL Type of Service On-demand micro-transit services Contract Term April 2019 Present Nature of Services On October 17, 2018 the Hollywood City Commission passed and adopted Resolution No. R 2018 335, authorizing the execution of an agreement with Free Ride, now known as Circuit Transit Inc. (" Circuit"), for circulator services to and from Downtown Hollywood, Hollywood Beach, and the City's parking garages for an initial one-year period with the option to renew for three additional one-year periods. The service commenced in May 2019 and has been renewed for each of the additional three one-year periods. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and has recently opened for third party advertising. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. The City named the program “Sun Shuttle” which began as a self-branded service and has recently opened for third party advertising with a revenue share to the City. This program has exceeded the City’s expectations, doubling ridership at an estimated 70% of the cost of the previous trolley system. This program has continued to operate during the pandemic as an essential transportation service. Annual ridership has grown every year (including during peak Covid lockdowns in 2020 . The service launched as free and at the April 2021 renewal we were asked to implement a $1 per rider fare to control demand, and ridership held steady. At the April 2022 renewal we were asked to increase the fare to $2 per person, ridership has remained strong. Hollywood Sun Shuttle Ridership by Month Jan 2021 Dec 2022 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 53 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 841 This program started as a fare-free service and recently introduced a nominal $1 fare and $1 price per additional passenger. We have seen no drop in ridership as a result of fare implementation and have actually seen an increase in ridership since, with shorter wait times and an increase in operational efficiency. “Thank you and Hollywood for making it possible for our vulnerable Seniors to remain safe and healthy”- Memorial Senior and Family Services In response to the COVID 19 outbreak, Circuit has adapted to provide mutual aid to the Hollywood community. Beginning in April 2020, Circuit partnered with Feeding South Florida, who have been supplying to local food banks. The three food banks involved are Liberia Economic and Social Development Inc., Community Enhancement Collaboration, and Cruciform Church. These organizations assembled boxes of donated food to be distributed and our drivers picked up the boxes and delivered them directly to the homes of the most vulnerable without access to transportation. The Hollywood drivers made 1,092 deliveries to at risk members of the community. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Hollywood FL with Sun Shuttle branding Drivers in PPE, delivering grocery boxes during Covid B5.2.2 Past Project- FRED FRED San Diego, CA Type of Service On-demand micro-transit services, fare-based program Contract Term 2016 present Nature of Services In 2016, Civic San Diego and the Downtown San Diego Partnership selected Circuit to operate the Free Ride Everywhere Downtown FRED Circulator. The program has received national attention, community support, and extended funding. In its first year of operation, Circuit served over 140,000 riders, maintained wait times below 6.5 minutes, created over 35 new jobs, and saved 96.3 metric tons of CO2 emissions. Since then, Circuit has improved its technology on the vehicles, added a pooling algorithm to its app, used the data to enhance operations, and has saved 325 metric tons of CO2 emissions. Circuit provides over 25,000 rides per month and is on track to do over 280,000 rides per year. The City has funded the service with Circuit also selling third party advertising at a revenue share to the City to offset costs of operation. Circuit operates 15 20 vehicles in the market, depending on demand. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 54 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 842 Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit’s vehicle in San Diego CA B5.2.3 Additional Past Project Experience Please reference Appendix 3 and Appendix 4 for more evidence of Circuit’s relevant project experience. B5.3 References West Palm Beach, FL Project Manager:Teneka James Phone Number:516 833 8873 Email:tjames@downtownwpb.com Brightline Project Manager:Jean Carlos De Jesus Phone Number:786 561 1656 Huntington Beach, CA Project Manager:Sean Crumby Phone Number:714 374 5348 Pompano Beach, FL Project Manager:Jeff Lantz Phone Number:954 786 5580 Gardens Mall Palm Beach, FL Project Manager:Whitney Pettis Phone Number:561 622 2115 Additional experience City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 55 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 843 B5.4 Customer Testimonials Confidential) Gus Zambrino, Assistant City Manager, City of Hollywood FL They are experienced and professional operators that are part of the community and provide a fun and convenient customer experience. Circuit’s team has been a pleasure to work with and have been great at building local support. Andria Wingett, Assistant Director of Development Services, City of Hollywood FL Circuit Transit is always responsive and has adapted to Hollywood’s changing needs; during the initial set-up, ongoing services and especially during the COVID pandemic. Carolina Galleguillos, BS, CDP, Memorial Senior and Family Services, Hollywood FL Thank you and Hollywood team members for making it possible for our vulnerable Seniors to remain safe and healthy in their homes. Our seniors so appreciate the fresh produce during this Pandemic. Sandra King, City Spokesperson, City of Pompano Beach FL You don’t have to drive anywhere, you don’t have to look for a place to park, you just jump on the circuit vehicle and go where you want to go. Ashley Medeiros, Destination Services, Discover the Palm Beaches The Circuit team is ALWAYS a great partner to work with. They are attentive, flexible, and hospitable! Luiz Aragon, Commission of Development for the City of New Rochelle, NY Circuit NR is a terrific community partner committed to providing safe, reliable and sustainable public transportation across New Rochelle’s downtown corridor. As we continue to see increased real estate demand across New Rochelle and as our once-in-a-generation downtown redevelopment continues to move forward, we believe Circuit NR’s electric on-demand shuttles can play a pivotal role in connecting our community to innovation, technology, arts, culture, schools, open space and our local businesses in an environmentally efficient way. As we see increased real estate demand across New Rochelle, we believe Circuit NR’s electric, on-demand shuttles can play a pivotal role in connecting our community to innovation… and our local businesses. Misti Kerns, Santa Monica Travel & Tourism They’re electric, they’re open air, and they’re fun. As that started to pick up and we started to hear good comments about it, we thought it might be a good option for some of the hotels. Their service has transformed our visitor and resident experience for short distance local travel. Their vehicles are always clean, new and fully stocked with our visitor guide, map and materials. Their drivers are always well informed on the destination, clean, uniformed, and friendly. I can’t imagine partnering with another provider for our electric transport needs, so great for this beach environment. Reese Jarrett, Civic San Diego Civic is thrilled to have played a part over this past year, in reducing congestion and decreasing the carbon footprint within the downtown community. Betsy Brennan, Downtown San Diego Partnership Since FRED's introduction to San Diego in 2016, Circuit has become an integral part of Downtown’s mobility structure. It provides residents, employees, and visitors a free, green, and enjoyable way to traverse Downtown’s neighborhoods while also mitigating congestion and parking issues. Mathew Sandford, Senior Director Economic Development, San Diego EDC City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 56 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 844 In a region as dynamic and diverse as ours, the ability to easily get around is essential to our economic health. Micro mobility options, like the FRED program in Downtown, provide one tool in the economic development toolkit by addressing the last mile dilemma. Businesses of all types and sizes benefit when workers have options for getting to work, and patrons have easy access to goods and services. In short, the FRED program makes Downtown more accessible and is a model that could also benefit other communities in the San Diego region. Marisa Mangan, San Diego Association of Governments SANDAG Circuit’s neighborhood electric vehicle shuttles in downtown San Diego are a great example of how shared mobility services can provide efficient, convenient, and emission-free connections within a community. Services like Circuit directly support SANDAG’s bold new transportation vision for the region which includes implementation of Mobility Hubs served by a wide variety of Flexible Fleets. B6. ADA Compliance B6.1 ADA Compliance Plan Circuit has ADA compliant vehicles. In both the proposed operation plan, and any alternative option, Circuit proposes one 1 Ford E Transit EV Van to be available on standby for ADA requests; this vehicle will be able to move between zones as needed. Additionally, Circuit would provide the City one 1 Polaris GEM e6 ADA vehicle available on standby for ADA requests at no cost as this vehicle is a part of the branded existing fleet. For more information about vehicle accessibility please reference the B3.6 Vehicle Capabilities section above. Circuit will craft a service that is available for all users. Having done so already in other markets, Circuit will be able to provide a trusted option for passengers with disabilities. The drivers are trained to be accommodating to everyone looking for aride. Riders with disabilities have the option to request an ADA vehicle with a loading ramp. This request can be made through the ADA accessible app or by flagging down drivers. More information can be found in Section 2.1. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 57 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 845 B7. Maintenance / Recovery Plan As stated in our Vehicle Maintenance section in Section B3.7.1, our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,000 5,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. For more information on our vehicle maintenance processes please refer to Section B3.7.1 Vehicle Maintenance. Access to Additional Vehicles Given our nearby operations, specifically in Fort Lauderdale, Pompano Beach, Wilton Manors and South Florida in general, we are readily able to supply additional electric vehicles on short notice on an as-needed basis. In the event a vehicle needs maintenance, our on-staff, GEM-certified technicians can typically be in the market within 20 minutes. If needed, a new vehicle can be brought to the market, or for events, within 2 hours. We have 52 vehicles within Broward County, and 79 within South Florida that are Circuit owned and therefore we have immediate access to this fleet, including spare vehicles in our Fort Lauderdale market. While Circuit has found great value in using GEM WAEV Vehicles), Ford eTransit EV Vans, Tesla and similar EV Sedans, we have built our systems for the electric vehicle types to be interchangeable. B7.1 Commitment to Avoid Service and Operation Disruptions Circuit has almost 4 years of experience operating a micro-transit service with up to 13 vehicles. We have and would remain committed to keeping the service operational through challenges that can occur. We have a robust preventative maintenance plan and certified maintenance technicians on staff to respond City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 58 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 846 quickly (typically can be on site in under 1 hour) to diagnose and most times make any repairs or replace components on-site. In any event that a car needs a longer repair we have a large fleet in the area to send a replacement vehicle typically within 1 2 hours. Circuit is prepared to fulfill this requirement and is committed to avoiding service and operation disruptions. More details are provided about emergency management, risk mitigation, vehicle maintenance, customer service and operating procedures in Sections B3, B3.7, B4 and B5 B8, B.8.1 and B.8.2. B7.2 Scenario Response “The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken.” Circuit has extensive experience operating a high volume of shuttles moving tens of thousands of people every month. We are also contracted by Brightline Trains and have a response team for any disruption to train service where we dispatch EV Vans to move train passengers between stations if the tracks are temporarily closed. In the event of a vehicle breakdown, first and foremost we ensure that all passengers and staff are safe and clear from vehicular traffic. If an emergency response is needed we would call 911. We would direct all passengers to a safe area out of the heat, direct sun or inclement weather to wait for another vehicle to arrive. The driver of th disabled vehicle would then communicate with their supervisor to dispatch another vehicle to pick up the passengers. Direct communication via phone, text or a company slack channel ensures a quick response. For a disabled vehicle we have technicians nearby to diagnose and often repair on site, otherwise for larger repairs we have an account with both a local tow company and AAA if a vehicle needs to be transported on a flatbed trailer. Circuit is prepared to handle service disruptions and emergencies and has detailed its emergency management, risk mitigation and operating procedures in Sections B8, B.81 and B.82. B8. Risk Mitigation B8.1 Emergency Management Plan The Emergency Action Plan is designed to provide Circuit with a management tool to facilitate a timely, effective, efficient, and coordinated emergency response to significant events affecting our locations and our employees. Emergency management consists of four continuous stages: Mitigation This stage includes activities designed to reduce or eliminate risks to persons or property or to lessen the actual or potential effects or consequences of an incident. Mitigation measures may be implemented prior to, during, or after an incident. Mitigation involves ongoing actions to reduce exposure to, probability of, or potential loss from hazards. Measures may include analysis of hazard related data to determine where it is City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 59 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 847 safe to relocate temporary facilities. Preparedness Preparedness is a continuous process. Preparedness involves efforts at all levels to identify threats, determine vulnerabilities, educate and train the employees and identify required resources. Preparedness is focused on establishing guidelines, plans, procedures, protocols, and standards for planning, training and exercises, personnel qualification and certification, equipment certification, and publication management. Response Response includes activities that address the short-term and direct effects of an incident. It includes immediate actions to save lives, protect property and the environment, and meet basic human needs. Response also includes the execution of emergency operations plans and of mitigation activities designed to limit the loss of life, personal injury, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; and continuing investigations into the nature and source of the threat. Recovery Recovery incorporates the development, coordination, and execution of service- and site-restoration plans; the reconstitution of operations and services; treatment of affected persons; additional measures for environmental and economic restoration; evaluation of the incident to identify lessons learned; post incident reporting; and development of initiatives to mitigate the effects of future incidents. B8.2 Risk Mitigation Plans Risks Risk Level: H, M L Offerors Mitigation Plan Safety of Riders H Rider safety is the most important thing at the Circuit. Circuit realizes that many factors go into this including drivers, cars and operations. All of Circuit's drivers go through both criminal and driving record background checks. This is required by the company's insurance provider. Beyond the background checks, each driver is vetted by management before being hired. Upon starting, the driver fills out and signs safety forms, goes through a training process and is further evaluated while driving and not. Additionally, management regularly monitors feedback from riders via app ratings, email feedback, etc. The drivers are also instructed on what to do and who to contact during any potential emergencies. Circuit also maintains the cars using the best practices established over the company's 11 year history of clean safety. The cars are City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 60 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 848 inspected daily, preventative maintenance is performed to make sure everything is up to the company's standards. Additionally, older cars are rotated out once they've reached a certain mileage or fall below the company's high standards. Additionally, the GEM cars 25 MPH maximum speed, along with calming traffic, also does a great job to reduce the risk of a serious accident. Operations is the foundation of safety. Starting with the training, drivers learn how to operate the cars, safely pick up passengers - or get help for unruly patrons that should not ride, make sure all passengers are using their seatbelts, and more. Also, the drivers are instructed when to halt service. In the event of bad weather or other factors that may lead to unsafe conditions, we halt the service. Management is also able to monitor driver behavior and locate driver whereabouts using Samsara bi-directional dash cameras and our proprietary backend dashboard. Additionally, each driver is equipped with a company phone, fire extinguishers, first aid kits, and other necessary equipment. Safety and Security of personal belongings of riders and drivers H While the drivers do not handle the personal belongings of the passengers, every driver is encouraged to look around the car to make sure no one has left anything behind. In the event that something is left behind, the driver (if the passenger used the app) is able to call the last rider. If the rider does not respond then management is alerted via our internal messaging platform, Slack and belongings are held until someone claims them. If the app is included, passenger history is available to management to contact passengers as needed. Management has set up areas in all of its locations where drivers can safely store belongings, keys, phones, etc. Heat, Rain, Flooding, weather challenges M Weather can be a common concern in South Florida and Circuit has extensive experience with these issues in Hollywood and across South Florida. Management and drivers are in close contact and will halt services in the event that inclement weather leads to unsafe driving conditions. Safety is always a top priority. In the event of severe weather, Circuit takes the cars off of the road and stores them in indoor parking garages. Should space not be available, the back panels, rooftops and any extensions are removed from the cars to secure the vehicles. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 61 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 849 During King tides, flooded areas are avoided. Drivers can contact riders requesting in those areas to notify them that the area is not passable. Circuit can quickly add important alerts to our app so when you open the Hollywood location a timely message pops up prior to requesting a ride. Maintaining a reliable, consistent schedule of service H Circuit uses its experience, data and marketing knowledge to stay ahead of factors that might impact the schedule of service. Understanding traffic patterns, bridget and toll timing and demand levels allows the management team to deploy the appropriate number of vehicles at any time. Additionally, contingency plans are in place and replacement vehicles are available in nearby Fort Lauderdale, should one of the shuttles be inoperable. Also additional drivers are available on call and in Fort Lauderdale should one of the drivers call out sick. Circuit always keeps backup drivers and backup cars available in order to maintain a consistent schedule of service. Maintaining qualified drivers H Circuit uses qualified, 21 , W2, paid hourly employees and vets them heavily before hiring. This, and maintaining a comfortable workplace is the key to retention. Driver retention is a factor that the company is proud of. There are happy teams in every market of service and retention rates remain high in Hollywood at 94%!. Additionally, Circuit uses Homebase - a scheduling software - to keep the team connected, manage shifts, etc. Lastly, if using the app, all of the drivers receive feedback from passengers allowing management to adjust and improve accordingly. Keeping vehicles operational H The key to keeping vehicles operational is regular service, proper charging/storage conditions and staying ahead of problems. With a fleet of 100 vehicles, Circuit has developed many systems to keep the vehicles operational. Additionally, Circuit has developed a close relationship with the vehicle manufacturer that lead to national fleet pricing, extended warranties and priority maintenance. Vandalism or theft of vehicles M Unfortunately, Circuit has dealt with vandalism in the past. Theft and vandalism are always concerns but the team does everything it can to prevent such instances - locking cars, storage facilities, cameras, routine spot-checks and more. In the event vandalism or theft takes place, Circuit will use its data and schedule to determine the exact time and place and who was working or was the last to work. From there, all incidents will be reported to local law enforcement and the company’s insurance providers. Vehicular accidents with H Fortunately, Circuit has a very strong safety record with few incidents to report. In the event that something happens with other City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 62 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 850 automobiles, cyclists, pedestrians while on route automobiles, cyclists or pedestrians, the first move is always to see if anyone needs medical attention. If so, medical help will be sought immediately. The drivers are also equipped with fire extinguishers, first-aid kits, etc. From there, local law enforcement will be called to the scene. After such events, Circuit’s management will contact insurance providers and all parties involved in the incident. Circuit can also use data from the app to determine when the accident took place and how to mitigate future issues. B9. Local Vendor Preference As detailed in numerous sections above, Circuit, since launching the Sun Shuttle in 2019, has continued to maintain a local office, multiple facilities for parking and charging the fleet work with local businesses, and has built an amazing local staff, consisting of 74% who are proud to call Hollywood home. We work with, provide service to, and promote many local Hollywood based businesses. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 63 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 851 B9.1 Local Hollywood Presence Lease for office space in Downtown Hollywood since July 2019 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 64 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 852 Current City of Hollywood Business Tax Receipt City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 65 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 853 Circuit has for years and continues to work with multiple local Hollywood vendors including: ●Circ Residences 1776 Polk Street ●Costa Hollywood Beach Resort 777 N. Ocean Dr. ●Golden Touch Auto Spa 1625 S Federal Hwy ●RAV Communications 1518 Garfield Street ●World Tire Inc. 1215 N Federal Hwy B10. Pricing Circuit offers a turnkey service with all-in pricing, which includes vehicles, staffing, insurance, technology, management, maintenance, data reports, marketing and grant writing support. Circuit understands the City’s desire to offer a low-fare service to residents, visitors, and commuters in Hollywood as defined by the RFP in reference to the three MTZ zone areas. As desired, we are proposing that the service continue to have a $2 per-trip rider fare. The only additional fees or costs not included in the price template would be any special services that take place outside of the regular service hours, such as events, in which case an hourly rate of $30/hr for GEM cars and $40/hr for EV Vans would apply for event services. Circuit is often willing to donate its services for local causes and City needs. Please note that pricing options are all flexible and Circuit hopes to work with the City to explore these options and/or a combination of these options to craft a solution that benefits the needs of the community. Pricing can be reduced via fare and advertising revenue generation and/or by adjusting service hours, types of vehicles and quantities of vehicles deployed during certain months of the year. B10.1 Fixed Pricing Rate Proposed Option As Detailed in Section B1.2,our proposed operating plan was structured using the details from the RFP. This option is broken into 3 different MTZ zones and is designed to operate 8 hours per day, 7 days per week, for a total of 56 weekly Hours.Our pricing is broken out in the Bid Form Format, provided with the RFP in Section C2 below and attached. It’s important to note that Circuit’s pricing is all-inclusive and structured as a turn-key operator. Our pricing includes setup, on demand rider and driver apps, monthly data reports, vehicles Electric Vans and GEM cars), maintenance, management, drivers, training, parking and charging. The pricing for our proposed option is available in BID Form Pricing, using the structure preferred by the City. This pricing is broken out by zone and City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 66 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 854 includes a discount for guaranteed advertising revenues. Circuit understands that the City would like to split advertising revenues as 50% of net revenues. Circuit is willing to guarantee the bulk of these revenues upfront and then will discount future months if 50% of the net advertising revenue is greater than the guaranteed portion. Knowing we have local businesses as sponsors and more that are willing to sponsor we’re confident that demand from advertisers will continue to grow. Base year pricing details showing full costs, discount from guaranteed ads, Monthly Fixed Cost, and the expected fares to be returned to the City via the fare program.With all of these options Circuit is willing to provide an additional GEM NEV ADA vehicle to be available on standby for additional ADA requests, at no additional cost to the City. Please Note: The view below is only to provide more information. The Monthly Fixed Costs for our proposed option 56 hours/week, 3 zones) is available in Bid Form Pricing, Section C2 below and attached to the response. MTZ-1 (Hollywood Beach Zone) Total Number of NEV Cars 1 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $19,986.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 1 $18,586.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $15,537.23 MTZ-2 (Historic Downtown Zone) Total Number of NEV Cars 1 NEV + 1 Standby ADA NEV at no charge 2 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $18,031.28 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 2 $16,631.28 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $13,582.12 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 67 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 855 MTZ-3 (Hillcrest/Washington Park) Total Number of NEV Cars 0 Total Number of EV Vans 2 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $23,598.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 3 $22,198.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $19,149.23 Circuit’s pricing will adjust with the hours needed and as more hours are added, the service becomes more cost effective. If the City would like to add additional hours for events, even pricing will be $30 per hour for GEM Vehicles and $40 per hour for Van Vehicles.Please reference Form 2 for Pricing. B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 Alternative Pricing Options are Detailed below and also available in Circuit Alternative Pricing Options Attachment and these options are further explained in Section B.1.2.2 above. Alternate Option A Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 3 Total EV Vans (3 Zones)4 TOTAL VEHICLES 7 Total Monthly Costs (3 Zones)$76,011 Monthly Discount for Ad Guarantee (pre total sales)-$4,620 Monthly FIxed Rate (3 Zones)$71,391 Annual Fixed Rated (3 Zones)$856,695 Monthly Expected Fares Returned -$12,921 Expected Monthly Total Cost to City (3 Zones)$58,470 Expected Annual Rate (3 Zones)$701,643 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 68 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 856 Alternate Option A is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. Alternate Option B Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$15,075 Expected Monthly Total Cost to City (3 Zones)$65,779 Expected Annual Rate (3 Zones)$789,342 Alternate Option B is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Alternate Option C Hours Per Week 79 Total NEV Cars (3 Zones) Peak Season 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 69 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 857 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$22,612 Expected Monthly Total Cost to City (3 Zones)$58,241 Expected Annual Rate (3 Zones)$698,895 Alternate Option C is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. B10.3 Unbanked Riders If selected for the contract Circuit looks forward to working with the City to create solutions to address unbanked riders and Circuit has various options available for the City to do so. 1. Circuit accepts street hails and does not charge riders for flagging the service down. 2. Circuit's app accepts prepaid cards, so a user can purchase a prepaid card using cash and use this prepaid card to credit the account. 3. Circuit can work with local businesses or government offices to "sell" promotional codes to riders to pre-load their account with funds for rides. This is also a feature that Circuit can offer businesses to be able to pre-pay for blocks of rides for their employees. 4. Circuit can work with the City to create a dial-in dispatcher system if needed. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 70 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 858 C. Completed Forms and Certifications C1. This Submittal Checklist Confirmation City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 71 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 859 C2. Bid Form Pricing) CONFIDENTIAL Bid Form Exhibit C is also available as an attachment EXHIBIT C CITY WIDE MICRO-TRANSIT SERVICES PRICING SHEET NOTE: Creative/optional pricing is encouraged and welcomed by the City and can be submitted for consideration in addition to the pricing below. The hourly rate for special events should NOT be included in the totals below. Base Year: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service:Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL BASE YEAR:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 1: City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 72 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 860 Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 1:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 2: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,051 $228,612 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,047 $204,565 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,753 $273,040 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 2:$58,851 $706,217 7 Vehicles City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 73 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 861 Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery for Year 2 would be: $15,925 for MTZ-1, $13,921 for MTZ-2, and $19,627 for MTZ-3. Expected annual net total of: $593,703 Option Year 3: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,527 $234,328 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,473 $209,678 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $23,322 $279,866 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 3:$60,322 $723,873 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $16,323 for MTZ-1, $14,269 for MTZ-2, and $20,118 for MTZ-3. Expected annual net total of: $608,546 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 74 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 862 C3. Vendor Reference Forms City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 75 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 863 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 76 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 864 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 77 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 865 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 78 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 866 C4. Hold Harmless and Indemnity Clause City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 79 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 867 C5. Non-Collusion Statement City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 80 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 868 C6. Sworn Statement…Public Entity Crimes City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 81 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 869 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 82 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 870 C7. Certifications Regarding Debarment City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 83 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 871 C8. Drug-Free Workplace Program Circuit confirms that it maintains a drug free workplace. Our team did not sign this document as one or more of the details set forth in this form may be slightly different than the policies that we have in place. Circuit is happy to discuss these policies with the City and as stated above we are comfortable enacting the FDOT policies as needed, if selected for this contract. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 84 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 872 C9. Solicitation, Giving, and Acceptance City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 85 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 873 C10. W 9 Request for Taxpayer Identification) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 86 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 874 C11. List of subcontractors Circuit will not use subcontractors on this project. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 87 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 875 C12. Certificate(s) of insurance City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 88 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 876 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 89 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 877 C13. Proof of State of Florida Sunbiz Registration City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 90 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 878 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 91 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 879 Appendix Appendix 1 Letters of Support Appendix 1.1 Rider Letter of Support: City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 92 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 880 Rider Letter Response Submissions: First name What most describes you?Additional Comments Louise Visitor Good service Jerry Visitor Kenya Resident Pete Visitor Doretha Resident Great service jeff Resident Veronica Resident Super friendly! Claudia Resident Kelsey Resident Kathleen Resident The drivers are always pleasant and helpful to our tourists Jim Resident Martina Visitor Wolfgang Resident Adriana Resident Amazing service BT Lou! Noah Other Pamela Visitor I used circuit in Pompano Beach and loved it! Dorothy Resident Circuit is wonderful, especially for senior citizens. Your drivers are all very nice. Thank you for this service. David Resident Linda Resident Wanda Resident She did a great job! Michael Visitor Michael Visitor City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 93 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 881 Wanda Resident Michael Visitor Elizabeth Visitor Alex our driver was fabulous!! Nicole Visitor This is such a great asset to the area. It made our trip easy and comfortable. Not only will I highly recommend this to my travel friends, I would be less apt to travel to the Hollywood/Lauderdale area without it. Kyle Visitor Shay Other Jason Resident Love Circuit, just another thing that makes Hollywood great! Erin Resident I don't have a car, so circuit is a critical part of my transportation paradigm. Michael Visitor Circuit is a great addition to the community! Drivers are always friendly and helpful! Connie Resident, Business Owner A pleasure to feel I’m in vacation in my own city! Alana Resident Joe Visitor Jerry Visitor Ralph M was a great very personable driver. We really enjoyed the ride. jason Visitor Steven was a great driver and very informative. Sandra Resident Perfect service! Sandy Visitor Laura Visitor Love the circuit! Corinne Visitor The drivers are ALWAYS so nice and helpful. Carolina Resident Keri Resident Patricia Resident David Resident City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 94 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 882 Zhanna Visitor Niki Visitor Lauren Resident Amazing service! Cant wait to ride again! Tim was fantastic Elizabeth Visitor Stephen was a great driver. Very informative and fun! Thank you! Susan Resident Great service mark Visitor great service well run - nice alternative to ride share Sul Visitor Love Stephen! Arielle Resident Circuit is a blessing for me. I dont have a car and im handicapped so im limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more circuit everywhere- Protect our Earth from car pollution and continue to offer low cost rides . Thank you Monika Visitor Latoya Resident Latoya Resident Heather Visitor Casual ride. Loved it Alex Resident Isabel Resident Love the convenience. Especially appreciated with out-of-town visitors. Lynn Resident Randy Visitor James Remmy Resident Great service and friendly drivers. Dominic Resident DEBBIE Visitor We are from Pennsylvania but visit Hollywood frequently and love using Circuit City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 95 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 883 Tatiana Resident I love it! Wish it was even more encompassing in the Lakes area! Michael Resident Beverly Resident I really enjoy the service its an asset to my life Beverly Resident I really enjoy the service its an asset to my life Susan Resident Circuit provides a vital service for the community! Tracy Visitor Gloria Resident Terri Resident I love the service! margarita Resident love CIRCUIT !!! Anna maria Visitor I love circuit .we dont have a car while were here very useful to us . Thank to all staff . By the way all drivers are very pleasant . Shanita Resident Tassana Resident I love the circuit it takes me to the beach and activities around the area I love it Dave Visitor Circuit is a wonderful service. I wish the hours were earlier in the morning. Linda Resident Excellent service. Friendly drivers. Tim & Yolanda are great salvina Other Rogelio Resident Is really Good and Nice for the city of Hollywood Rene Resident My family and I live circuit! NINA Visitor I look forward to the Circuit rides and the friendly service every time I visit. It's invaluable! Denise Resident Robin Resident Luz Resident I looove circuit transportation. I wish you ran a bit earlier. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 96 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 884 Kevin Resident Josefina Resident Claude Resident Matthew Resident Tony Resident Tony Resident Dan Hana Resident Leslie Visitor Nan Visitor This is a tremendous service in an area with a shortage of parking places! Used it many times. Bryan Resident, Business Owner John Visitor Dirk Visitor We stayed in Hallandale this January and used circuit many times. I would like to see more use of this technology and keep it as a form of transportation in Hollywood as well in other communities Donnette Resident Raul Resident Ivan Resident Princess Resident I would love this for Washington dc Elly Resident Mike Resident Love the circuit. I will be taking it tonight to the beach. Alan Resident, Business Owner Great Service Drivers are always Happy and have a Smile on there face Vehicle always clean Lynda Visitor Kristine Business Owner Circuit has been a great addition to the Hollywood area and reduces traffic. Isaac Resident Keep up the good work! City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 97 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 885 Steven Visitor This is a wonderful additional benefit to coming to visit Hollywood! Eric Resident Peter Resident Doug Business Owner Alex Business Owner It's great! Ian Business Owner Alana Resident City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 98 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 886 Appendix 1.2 Letters of Support: Appendix 1.2.1 Water Taxi City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 99 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 887 Appendix 1.2.2 Downtown Development Authority, WPB City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 100 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 888 Appendix 1.2.3 Cityfi City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 101 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 889 Appendix 1.2.4 Billy’s Stone Crab City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 102 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 890 Appendix 1.2.5 World Tire Inc. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 103 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 891 Appendix 1.2.6 Margaritaville City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 104 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 892 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 105 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 893 Appendix 1.2.8 Diplomat Beach Resort Valet Services) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 106 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 894 Appendix 2 Example of Data Report Appendix 2.1 February 2023 Hollywood Data Report Below showcases the most recent monthly report of the Hollywood Sun Shuttle. Additional highlights include a $4.53 net cost per rider Almost 90% lower than comparable micro-transit systems), 148,000 annual riders, 11,859 passengers in the short month of February 2023, and 41 passengers per revenue hour. Over the past 10 months of operation, the Hollywood Sun Shuttle Circuit has reduced greenhouse gas emissions by 242 metric tons CO2, saved over 27,231 gallons of gas, and reduced traffic congestion by 182,000 miles driven (by an average gasoline-powered vehicle). This GHG savings is the equivalent to the emissions reduced by 4,001 tree seedlings grown for 10 years (calculated using EPA GHG Equivalencies Calculator9). 9 https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 107 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 895 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 108 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 896 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 109 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 897 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 110 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 898 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 111 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 899 END OF REPORT City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 112 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 900 Appendix 3 Case Studies Appendix 3.1 Hollywood Case Study Hollywood Sun Shuttle 2023 Case Study- Page 1 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 113 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 901 Hollywood Sun Shuttle 2023 Case Study Page 2 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 114 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 902 Hollywood Sun Shuttle 2023 Case Study- Page 3 (last page) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 115 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 903 Appendix 3.2 Brightline Case Study Brightline Case Study- Page 1 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 116 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 904 Brightline Case Study- Page 2 Brightline Case Study- page 3 (last page) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 117 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 905 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 118 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 906 Appendix 3.3 San Diego Case Study San Diego Case Study- Page 1 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 119 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 907 San Diego Case Study- Page 2 San Diego Case Study- page 2 (last page) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 120 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 908 Appendix 4 Additional Past Project Experience Appendix 4.1 New Rochelle NY Type of Service On-demand micro-transit services Contract Term August 2019 present Nature of Services In 2019, Circuit started a pilot program with the City of New Rochelle’s Industrial Development Agency IDA . The goal was to promote the downtown area’s businesses and new developments and to provide a free connection to the Metro-North Railroad. The program was a fast success, prompting the City to issue an RFP that Circuit was fortunate to win in January 2020. The service and local team quickly ingrained itself in the community, including coordination and outreach with Veterans groups, senior living communities, and the Chamber of Commerce. During the pandemic, Circuit partnered with 511NYRideshare to provide trips to visiting nurses between hotels and the Montefiore Hospital. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicle in New Rochelle Appendix 4.2 Brightline Type of Service On-demand micro-transit services, fare-based program Contract Term August 2021 present Nature of Services In 2021, Circuit was selected to provide on-demand first/last mile services by Brightline Trains for their reopening under the new program Brightline+. Service focuses on providing rides to/from Brightline stations within a specified radius of the Fort Lauderdale, West Palm Beach, and Miami stations. Passengers can now book private or shared rides in EV’s to and from all stations during the purchase of their train tickets online or in app. The innovative door to door service has significantly increased the user experience, streamlined travel, replaced ICE trips with EV trips and created 65 jobs. Nature & Type of Vehicles: all-electric mixed fleet with Polaris GEM e6, Tesla Model Y, and electric passenger vans City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 121 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 909 Circuit GEM vehicles with Brightline branding at Brightline trains reopening and Brightline+ launch event Appendix 4.3. West Palm Beach, FL Type of Service On-demand micro-transit services Contract Term January 2013 present Nature of Services Circuit has operated on-demand services using electric vehicles in the area since 2013. We focused on riders within West Palm Beach and Palm Beach. This service has been provided over these years with funding support from brand sponsors as well as a small fare program. In 2021, Circuit won a contract with West Palm Beach DDA to offer expanded and fare-free services in West Palm Beach and Palm Beach. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in West Palm Beach with local business and safe street initiatives branding Appendix 4.4 Pompano Beach, FL Type of Service On-demand micro-transit services Contract Term 2021 present City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 122 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 910 Nature of Services In 2020, Circuit was selected for this project through competitive RFP and began operating in Spring 2021. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and then opened for third party advertising. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Pompano Beach with City officials at ribbon cutting, 2021 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 123 of 123 DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 911 City-Wide Micro-Transit Services 17 of 18 EXHIBIT D – Service Areas Micro-Transit Zones shown below may adjusted during the Contract Term based on demand/City needs at no cost to the City as long as there is no net change to the number of vehicles/hours of operation On-Demand Micro-Transit Zones Designated Drop-off/Pick up locations for the Fixed Route pilot test DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 912 City-Wide Micro-Transit Services 18 of 18 EXHIBIT E – Pricing Total Costs – All Zones Unit Costs DocuSign Envelope ID: A73E92FE-4553-4C12-85E7-6F731BFDB358DocuSign Envelope ID: C86825A3-7E8A-4F18-8CB1-9F7A4E6B8171DocuSign Envelope ID: E34F499C-9569-48EE-A135-C12D464571D1 913 ELECTRIC MOBILITY SOLUTIONS All Rights Reserved TFR Holdings Corp 2023 Prepared for: City of Boynton Beach/ Boynton Beach CRA 914 Fare Collection Advertising Sales CIRCUIT: A Turnkey, Electric & Shared Solution 2 We eliminate inefficiencies, align with user-behavior, and complement existing infrastructure. Management W2 Employee Drivers Insurance/PermitsOn-Demand App Ops & Reporting Parking/Charging 100% Electric Cars Grant WritingEmployee Management Administrative SupportTechnology Revenue Generation Fleet Infrastructure One Solution to Address Many Problems 915 A Big Impact for Everyone 3 ●6m rides, 0 gallons of gas used ●EV adoption ●Promoting mass transit ●Reducing congestion and GHG emissions ●Transportation is responsible for ⅓ of GHG emissions - EPA The Environment ●Job creation - W2, paid, trained employees ●Promoting local businesses ●Data for planning ●Low-cost options for cities ●$1 invested in Public Transportation results in a $5 return in economic activity - APTA Communities ●Little or no cost to ride ●Connections for commuters in disadvantaged neighborhoods ●ADA options available ●Access for unbanked users ●Shared rides, fewer SOVs Access & Mobility 916 National Operations 4 California ●Culver City ●Chula Vista ●Huntington Beach ●Inglewood ●Leimert Park ●Marina Del Rey ●Newport Beach ●Oceanside ●San Diego ●Santa Monica ●Venice New York ●Brentwood ●East Hampton ●Montauk ●New Rochelle ●Rockaways ●Southampton ●Williamsburg Texas ●Austin ●Dallas ●Houston ●West Dallas Washington ●Bellevue Massachusetts ●Boston ●Plymouth New Jersey ●Asbury Park ●Belmar Beach South Florida ●Aventura (brightline) ●Boca Raton ●Ft. Lauderdale ●Hollywood ●Lauderdale by the Sea ●Miami ●Palm Beach/West Palm Beach ●Pompano Beach ●West Palm Beach ●Wilton Manors Where to next? Washington, D.C. 917 Circuit South Florida City Programs 5 Market Highlights ●~15k riders/month ●30% Savings / 80% CPR Savings ●$2 Fare - more efficient system and significant portion of cost. ●2000+ riders/car/Month ●FDOT Grant 50% Funding ●$2.28 Cost Per Rider (all In) ●Lowest CPR of any known on-demand system in US ●WPBGo - DDA + City + Brightline + Ben + Hilton + Local Advertisers ●Average Ridership over 18k riders/ month 918 6 Riders Love It Free and fun experience creates demand More Riders = Lower Cost Per Rider 01 Safe, hygienic, professionally managed05 73% repeat riders02 Friendly, W2, local drivers 03 Multiple cars reduce wait times04 919 Flexible Technology & Reporting 920 Flexibility is Key 8 ADJUSTABLE SERVICE AREA Circuit’s technology allows for flexible areas of service which can be designed as requested, with the ability to change on the fly. ADJUSTABLE SERVICE HOURS Circuit has the ability to scale service hours based on demand, and determine the optimal number of cars needed. ●More hours decrease cost/car/service hour ●Fewer hours decrease total cost ●Hours adjustable by day, week, and time of year Original Updated 921 Real-Time Data 9 Adjusting fleets, drivers, and hotspots on-demand Real-time dashboard Heat mapping rider activity 922 Customization is Key 10 FREE vs. PAID RIDES Historically, Circuit operates as a fare-free service. There are times when a fare makes sense to provide an overall higher performance level as service popularity increases and rider demand grows. These are just a few of the considerations we take into account with our partners and levers we can pull to manage these fare base services: ●Balancing fares based on ridership ●Dynamic pricing based on location and hours ●Discount codes for free or discounted fares SERVICE AREA vs. FIXED STOP vs. SMART STOP Circuit’s rider app uses geofencing technology to design service areas in which riders can move within. However, it’s possible to set fixed stops throughout a service area. Riders must be at an exact location to request a ride (DRT). Geofenced Fixed Stop 923 11 Electric Vehicle Options ADA Options Available Lithium Batteries Aftermarket improvements include build-outs, interior iPads, Photobooths, etc. All-weather options available Vans Van 8-15 passengers 150+ Miles per charge ADA configurations Branding opportunities GEMs (GEM E6 - 2021 and Newer - Made in USA) 5 passengers 80+ Miles per charge ADA configurations Branding opportunities 11 Sedans (Tesla, Kia, Hyundai, etc.) 4 passengers 200+ Miles per charge Branding opportunities 924 An Enhanced Service Offering for Boynton Beach 925 13926 14 Recommended Boynton Beach Proposed Phase 1 ●On-demand GEMs can service this entie coverage area. ●Options to start with 3 or 4 GEMs to gather data on how the service is being used for a pilot phase 6-12 months. ●Adjustments and modifications can be made throughout the pilot to determine the right mix of vehicles and coverage areas. ●This starting point encourages other potential groups to participate in growing the service. 927 Boynton Beach Proposed Phase 2 15 Entire BBCRA Boundary Map ●Light green shaded ares North and South on US1 could not be serviced by GEMs. EV Vans with optional Wheelchair Accesibility available ●With this option Circuit recommends 2-3 GEMs for on-demand service in the dark shaded area and 1-2 on-demand EV Vans service the entire coverage area and the only designated vehicles to serve the furthest areas north or south alung US1 corridor. 928 Option 1 Option 2 Option 3 Notes Cars 1 1 1 *TBD # of Vehicles Type of Vehicle GEM NEV CAR TESLA or Similar Ford e-Transit Van / ADA Van Option 1: Downtown shuttle for 35 mph or less roads Option 2: Tesla Model Y or any EV sedan available/pricing varies Option 3: Up to 9-14 Passenger Capacity, WAV available. Move more # riders at one time Weekly Hours of Operation 60 60 60 *TBD but for reference - SUN-THURS: 12PM-8PM FRI-SAT: 12PM - 10PM Cost/Car/Month $9,508 $10,470 $12,351 *TBD depends on Hrs of Operation + vehicle type Annual Costs $114,104 $125,645 $148,216 *Est. Only based on these #s Fare Revenue ($12,342)($9,257)($9,257)$2 Fare at 4 Pass per vehicle hour Advertising ($13,500)($13,500)($13,500)Example of potential revenue share on fare program assuming… NET COSTS* $88,262 $102,888 $125,459 *Est. Only based on Ad sales in this market These options are adjustable and costs can be negotiated ●Costs include cars, drivers, app, insurance, maintenance, etc. ●ADA Options also available. Circuit optimizes shift and driver schedules and may rotate vehicles on and offline to charge Options and Turn-Key Service Costs 929 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 13. CRA Advisory Board A. Pending Assignments B. Reports on Pending Assignments Mr. Tack said that they do have a Board and will have a meeting, and any pending assignments that they would like to send their way is welcome. Chair Penserga said that he would like for them to explore senior affordable housing sites, which could be an assignment for them. Mr. Tack said that they will have a CRA 101 Meeting, how they operate, etc., and it will hopefully be done soon. He stated that they can gather the CRA properties and collaborate with them. Ms. Rossmell spoke about what the CRA Advisory Board can do and said that this is an appropriate request. Chair Penserga said that he prefers both the CRA Pnd City locations be looked at. Board Member Kelley mentioned that she recently heard that the properties at the Atrium, and two parcels for sale, could be looked at to see if they are viable to be purchased. She agrees with the project request that the Chair suggested. Board Member Hay agreed with this, and asked how many members there are. Mr. Tack said that there are 7 members. Board Member Hay asked about absences for the Board. Ms. Curfman said that three absences are permitted. Ms. Rossmell said that CRA staff can alert the City about any attendance issues. 14. Old Business A. Continued Discussion and Consideration of Piggy-Backing onto the City of Hollywood Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program - TABLED 10/10/2023 Motion: Vice Chair Turkin moved to remove the item from the table. Board Member Kelley seconded the motion. The motion passed unanimously. Mr. Tack spoke about the history of the item and staff recommendation. Jason Bagley, representative from Circuit, spoke about the following: Circuit- A turnkey, electric and shared solution; a big impact for everyone; national operations; Circuit South Florida City 930 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 programs; riders love it; flexibility is key; real time data; customization is key; electric vehicle options; mockup of branding; Boynton Beach Proposed Phase 1 recommendation; Boynton Beach proposed phase 2; and options and turnkey service costs. Chair Penserga said that he is a big proponent of this service, since there is limited parking. He mentioned that this is a win-win all around. Board Member Kelley inquired about discounts that could be available and asked Mr. Bagley to elaborate on the options for seniors and residents. Mr. Bagley said that if they wanted free rides for seniors, they could set it up with the birthdays, when the resident register in the app. He spoke about other ways to use the app to allow for discounts. Board Member Kelley spoke about promoting this with the different benefits, in order to encourage residents to use it. Mr. Bagley said that if there is enough parking at City Hall on weekends, they could allocate a certain number of cars back and forth, and then other vehicles for outside of the area. Chair Penserga asked how they could communicate discounts to local businesses. Mr. Bagley said that businesses could purchase ride shares and promote it. Board Member Kelley said that she would love to be able to get the feedback from the commercial properties to see if they would like to do this. Ms. Coppin said that it is a great idea, and they could send out a survey about it. Board Member Kelley asked about advertising and promoting local businesses, and the cost. Mr. Bagley said that it is up to the Board what they want to charge, and they can provide typical rates from other municipalities. He stated that the average cost could be anywhere from $200 a month, but wrapping a vehicle is $1,500-$2,000 a month and can be discounted if it is yearlong. Board Member Hay asked if they have technical issues, is there a contingency plan to minimize inconveniences. Mr. Bagley said that they have over 100 vehicles in service and they can bring in additional vehicles for large events. Board Member Hay asked about the community feedback and improving the rideshare program. Mr. Bagley spoke about the public partnership manager, including outreach before launching, helping communities learn about the app, and conducting surveys. Board Member Hay asked if all of the vehicles are electric and about the safety for riders. 931 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Mr. Bagley said yes, they are all electric. He spoke about the safety record and safety plan and noted that he can send to the Board. Board Member Cruz said that she did a little research, and comparing it to other companies, and that Circuit seems like the best company. She asked that the Board think about the hours of operation, and the option for 40 instead of 60 hours per week. She asked that we do a pilot program so that we can see when the riders need it the most. She stated that she would like to see this eventually move to the west side of the City. Mr. Bagley said that the hours could be whatever the Board wanted. He mentioned that there is a possibility of Palm Beach State College wanting to start the program as well. He spoke about fares at the City of West Palm Beach being added. Board Member Cruz requested that staff conduct research on the grant from FDOT to potentially take on 50% of the cost, so they are not cost burdened. She asked about the validity of the data when people can put any age or data in the app. Mr. Bagley said that something like this could be flagged, and the account could be cancelled. There was discussion regarding fares and discount options. Vice Chair Turkin said that he thinks it is a good idea to start with a fee, so that they can eliminate issues. He stated that he believes it should be started more south of Woolbright, because there is a high concern of parking in that area. Chair Penserga said that he supports going south of Woolbright. He asked what the rollout would look like and how often the plan is amended. Mr. Bagley spoke about the outreach and communication, and how often they would look at doing amendments. He said that there are marketing materials that they can send out to commercial properties to promote it. He mentioned coverage areas and being pushed out, if the need is seen. Board Member Cruz asked where they would be housed and charged. Mr. Bagley spoke about partnering with the City or other businesses, and electric charging could come from other sources. He mentioned that there are built in credits if they are using the City charging stations. Board Member Kelley said that the CRA parking lot might be an ideal spot. Mr. Tack spoke about the need for charging stations. Mr. Bagley said that they would prefer to have one charging station per vehicle. There was further discussion regarding the operation of hours; unknown data because the service is not available yet; and installing charging stations. Chair Penserga said that consensus is needed for parameters for the agreement and he will review the nine items. 932 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 On-demand vs fixed routes Chair Penserga said that on-demand route is being presented, but should there be events, fixed routes could be organized. Ms. Rossmell said that both are available in the agreement. There was consensus to do both. Boundaries There is consensus to start with phase two, to extend to 23rd. Discounts There is consensus on discount programs. Mr. Tack spoke about fixed routes and needing an ILA with the City about the route to the beach. He recommended an increased fair for the beach. Hours and Days There was discussion regarding hours and days. Mr. Bagley spoke about different vehicles that might be needed if they expand to Woolbright. There was discussion regarding different levels of fees for different vehicle needs. There was consensus to direct staff to work with Circuit to figure out the perimeter and get the data and adjust. Contract duration for the pilot program: There was consensus for 6 months, with option to renew for another 6 months. The Board also requested quarterly reports. Advertising There was consensus for Circuit to work with local businesses about advertising, and the scope for all businesses. Vehicle Makeup Mr. Bagley said that Gems can get to the beach, but not the best vehicle for the Woolbright trips. He suggested three Gems and a sedan. There was consensus. 933 Meeting Minutes CRA Board Meeting Boynton Beach, FL November 13, 2023 Quarterly Reports formal reports, and monthly reports Mr. Bagley said that they do regular monthly reports. Fee Structure and different options There was discussion about the following: Beach- $2 base line fee for all rides; prices by zones; additional fee for extra people; premium rates to the beach; staff looking at the numbers while working with Circuit; and Palm Tran rates. There was consensus to have some type of fee. Mr. Tack said that they will return with options and a negotiated contract. He stated that they will be as diligent as possible in bringing the contract back. B. Quarterly Progress Report from BB QOZ, LLC for the 115 N. Federal Highway Mixed- Use Project (aka The Pierce) Mr. Tack spoke about the history of the purchasing agreement. He said that the report stated that they received site plan approval. Kemissa Colin, Affiliated Development, provided an update and said that from the last update that was provided in September, there has been no updates. Mr. Tack said that there is still ongoing litigation, and they are not moving forward with the design until the litigation clears up. Ms. Colin spoke about the litigation. Board Member Hay asked if there is a limit as to how long this can be drawn out. Ms. Rossmell said that the Board has no control over the court and how long they draw this out, but they have made a contract amendment because of this. C. Status Update on Development Project with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue Mr. Tack provided an update on this item and spoke about the history of this project. Anthony Barber, applicant, stated that he is looking forward to the Circuit. He gave an update on the project and said that they are moving along steadily. He mentioned that the cost is significantly more, about half a million dollars more, and he spoke about the financing options that they have been looking at. He said that they are working with another design company, and that he mentioned speaking with someone that no longer works for the CRA for advice. He asked if they have to wait until they get financing, or not. Board Member Cruz said that it is a tough situation, and even our own projects have significantly increased. She stated that it is challenging to not see movement on the project. 934 Page 1 of 10 4875-9566-4284, v. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICES This Agreement for On-Demand Transportation Services (hereinafter “Agreement”) is made by and between CIRCUIT TRANSIT INC., (“Contractor”) a Florida corporation organized and existing under the laws of the State of Florida having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, FL 33301, including its Affiliates (collectively, the “Contractor” or “Company”) and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the “Client” or “CRA” ) a community redevelopment agency organized and existing under the laws of the State of Florida having its principal office 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, (hereinafter the “CRA”) (collectively the “Parties”). WHEREAS, the CRA is in need of on-demand transportation (“Services”); and WHEREAS, Circuit entered into an agreement with the City of Hollywood in response to Request to Proposal No. RFP-045-23-SK, effective July 1, 2023 to provide on-demand transportation services for a term of one (1) year, with the option to renew for three (3) one-year periods; and WHEREAS, the CRA desires to obtain the Services from Circuit on same the terms, conditions, and pricing provided under RFP-045-23-SK, subject to the terms and conditions of this Agreement and the City of Boynton Beach Procurement Policy; and WHEREAS, Circuit agrees to extend the terms, conditions, and pricing provided under RFP-045-23-SK to the CRA, subject to the terms and conditions of this Agreement; and WHEREAS, the Services are required for a proper municipal purpose and is in the interest of the public; and WHEREAS, the Services will further the Community Redevelopment Plan. NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Description of the Services. Contractor will perform its obligations as described in Exhibit A: Scope of Services, which is hereby incorporated as if fully set forth herein. 3) Term. The Contractor shall perform the Services for six (6) months (“Initial Term”), with option to renew for 6 months (“Renewal Term”). Services shall start within thirty (30) days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. A copy of the executed 935 Page 2 of 10 4875-9566-4284, v. 1 interlocal agreement shall be provided to Circuit. The service start date may be extended by mutual agreement of the Parties. 4) Compensation. The CRA shall pay the Contractor an amount not to exceed Four Hundred Thousand dollars ($400,000.00) (hereinafter, “Compensation”) for the performance of the Services for the Initial Term and Renewal Term of this agreement, which sum shall be paid in accordance with the Pricing Schedule attached as Exhibit B. The Compensation is all inclusive for the services provided and shall include the cost of the vehicles, vehicle wraps, including the art work installation and removal of the wraps, W-2 Drivers, management fees, driver training, insurance, vehicle maintenance, cell phones, hosting services for the mobile application and related usage fees, web fees, and basic marketing materials. Contractor shall be responsible for all costs related to the operation and maintaining the vehicles, including cost of installation of the vehicle charging equipment and the costs for electrical service required for vehicle charging. Notwithstanding the above, in the event that the CRA does not renew this Agreement after the Initial Term, the CRA shall reimburse Contractor the costs associated with modifying the existing electrical service to accommodate new charging equipment, upon receipt of proper invoice. The CRA shall not be responsible for the payment of any additional fees not otherwise stated herein, unless the parties enter into a written amendment to this Agreement which is approved by both parties. 5) Method of Payment of Compensation. Circuit shall submit a monthly detailed invoice to the CRA. Project Manager shall determine the format of the invoice and the information that must be provided. Payment of Compensation (or any part thereof) shall be made within 45 days of receipt of a proper invoice, in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. Any amounts not timely paid by CRA shall bear interest from 30 days after the due date at the rate of 1 perce nt per month on the unpaid balance. All Payments shall be in the form of a CRA check made payable to the Contractor, or as indicated above. No Payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Services. 6) Propriety. Contractor understands that at all times during its performance of Services, Contractor, Contractor’s employees and subcontractors shall conduct itself at all times with due regard to public conventions and morals, and shall refrain from making statements or presenting material that contains vulgar, obscene, profane, or otherwise objectionable language that, as determined in the sole discretion of the CRA, material and substantially interferes with the functions and reasonable business operations of the CRA. 7) Termination for Convenience. The CRA reserves the right to terminate this Agreement for any reason and without cause with sixty (60) days written notice during the Renewal Term only. In the event of termination, Contractor shall be entitled to payment for services rendered through the date of termination. 8) Termination for Cause; Default. The CRA reserves the right to terminate this Agreement, in part or in whole, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by 936 Page 3 of 10 4875-9566-4284, v. 1 specifying a reasonable time period within which the Contractor must cure any such failure to perform or default. If the Contractor fails to cure the default within the time specified, the CRA may then terminate the Agreement by providing written notice to the Contractor. Notwithstanding anything to the contrary in this Agreement, if the CRA determinates that termination is necessary to protect public health, safety or welfare, the CRA may terminate the Agreement upon providing such written notice that the CRA deems appropriate under the circumstances, including immediate termination. In the event of immediate termination, the Contractor shall be entitled to payment for seven (7) days of services plus payment for services rendered under this Agreement through the date of the notice of immediate termination. 9) Termination for Bankruptcy. The CRA shall have the right to terminate this Agreement by providing written notice to the Contractor in the event: i) Contractor enters into receivership or is subject of a voluntary or involuntary bankruptcy proceeding; or ii) a substantial part of the Contractor’s property becomes subject to nay levy, seizure, assignment, or sale for or by any creditor or government agency. 10) Waiver. The CRA shall not be responsible for any property or other damages or personal injury sustained by the Contractor from any cause whatsoever related to the Services whether such damage or injury occurs before, during, or after the actual performance of the Services. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 11) Indemnification. The Contractor 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 or other 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 or the faulty equipment of the Contractor or the performance of this Agreement by Contractor or Contractor’s employees, agents, partners, principals, or subcontractors. This paragraph shall not be construed to require Contractor to indemnify the CRA for 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. 12) Limitation of liability. To the extent permitted by law, the CRA’s liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent, grossly negligent, or willful misconduct or omission, shall be limited to the amount of Compensation, less amounts that have already been paid, or the direct out-of-pocket damages actually incurred, whichever is less. Neither Party shall not be liable to the other party for special, indirect, incidental or consequential damages. Each Party hereby disclaims such damages to the full extent such may be disclaimed, except in the case of fraud, gross negligence or willful misconduct of the responsible Party. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA , including those set forth in Section 768.28, Florida Statutes. 937 Page 4 of 10 4875-9566-4284, v. 1 13) No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity without prior, written permission from the CRA. 14) Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the start of the Services, and include for the following insurance amounts: Commercial General Liability: $1,000,000 per occurrence/$2 million in the aggregate for bodily injury, personal injury and property damage Automobile Liability: $1,000,000 combined single limit for bodily injury and property damage, including hired owned and non-owned auto coverages Workers Compensation In the amounts required under Florida Statutes Cyber Liability: $1,000,000 coverage Umbrella/Excess Liability insurance $5,000,000 coverage The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Services or this Agreement. Contractor shall not commence services under the terms of this agreement until a Certification of Insurance (“COI”) has been received by the CRA. The CRA is to be included as “Additional Insured” with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omissions of the Contractor in connection with providing Services pursuant to this Agreement. The Certificate must include the following as additional insured parties: Boynton Beach Community Redevelopment Agency 100 E Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 15) Tax Forms. The Contractor’s individual members, including the Contractor’s agents and employees, shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor’s compensation for the Services. The Contractor 938 Page 5 of 10 4875-9566-4284, v. 1 assumes all liability and responsibility for payment of the Contractor’s (and the Contractor’s individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 16) Funding. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the CRA. In the event funds to finance this Agreement become unavailable, the CRA may terminate this Agreement upon no less than twenty-four (24) hours’ notice to Contractor. The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Contractor for goods received or services rendered prior to the date of termination. 17) No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity, gender expression, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 18) Independent Contractor; No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that the Contractor is an independent contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Services; and that Contractor is an independent contractor and not an employee of the CRA for all purposes including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker’s Compensation Act, and the State Unemployment Insurance Law.. The Contractor will exercise its own judgment in matters of safety for itself, those affected by the Services, and attendees of the Event. 19) Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Services, and that such photographs and recordings may be (i) used for the purposes of promotion of the CRA, or undertakings by the CRA; (ii) transmitted live or by recording on local television and radio channels; and (iii) used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all copyrights under the Copyright Act of 1976, 17 U.S.C. 101, et seq., and all other rights in recorded, photographed, or transmitted versions of the Services. The CRA shall attribute the Services to the Contractor. 20) No Infringement. The Contractor represents that in performing the Services under this Agreement, the Contractor will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Services is an infringement on the property right, copyright, patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, 939 Page 6 of 10 4875-9566-4284, v. 1 damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA’s logos, or marks without the CRA’s prior written approval. 21) 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. 22) Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 23) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 24) Governing Law, Jurisdiction, and Venue. The terms and provisions 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 law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the parties expressly agree and submit. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CRA HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS CONTRACT. CONTRACTOR SHALL NOT BRING ANY COURT ACTION AGAINST CRA EITHER IN EQUITY OR IN LAW, AND CONTRACTOR EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE LITIGATION AGAINST CRA FOR ANY MATTER ARISING UNDER THE TERMS OF THIS CONTRACT, UNTIL AFTER THE PROJECT HAS BEEN COMPLETED AND ACCEPTED BY CRA. 25) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 26) Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of 940 Page 7 of 10 4875-9566-4284, v. 1 public enemy, acts of superior governmental authority, floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonably responsible and which are not within its control. Each party take all reasonable steps to prevent, reduce, mitigate, and remedy the effects of the Force Majeure event as soon as possible if within its control. The CRA shall not be obligated to pay Contractor Compensation under this Agreement to the extent that a Force Majeure prevents or delays Contract from performing Services. 27) Voluntary Waiver of Provisions. The failure of either Party to enforce any of its rights hereunder or at law will not be deemed a waiver or a continuing waiver or any of its rights or remedies against the other Party, unless such failure or waiver is expressly set forth and acknowledged in writing. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. The Contractor may waive any requirements of the CRA contained in this Agreement. 28) Contractor-owned records. Except as provided in Chapter 119, Florida Statutes, all records created and compiled by Contractor in completing the Services are owned by Contractor and include, but are not limited to, written reports, studies, drawings, blueprints, photographs, negatives of photographs, computer printouts, graphs, charts, plans, contract documents, specifications, all ridership data, information generated on the Contractor’s proprietary mobile applications and all other similarly recorded data. 29) Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Services described in this Agreement. b. Upon request from the CRA’s custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be 941 Page 8 of 10 4875-9566-4284, v. 1 provided to the CRA, upon request from the CRA’s custodian of public records, in a format that is compatible with the information technology systems of the CRA. The Contractor also understands that CRA may disclose any document in connection with performance of the Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Ave., 4th Floor, Boynton Beach, FL 33435; or TackT@bbfl.us. 30) Agent. If this Agreement is signed by the Contractor’s agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 31) Notice and Contact. The parties shall use the contact information below for coordinating delivery of the Services. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: Contact Person for the Contractor Circuit Transit Inc. Jason Mirras 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 With a copy to: Circuit Transit Inc. P.O. Box 2173 Amagansett, NY 11930 Attention : James Mirras Contact Person for the CRA (hereinafter “Program Coordinator”): Name: Timothy Tack Address: 100 E. Ocean Avenue. 4th Floor, Boynton Beach, FL 33435 942 Page 9 of 10 4875-9566-4284, v. 1 Email Address: TackT@bbfl.us. Telephone Number: (561) 600-9091 With a copy to: Kathryn Rossmell, Esq. Lewis, Longman, & Walker P.A. 360 S. Rosemary Avenue, Suite 1100 West Palm Beach, FL 33401 32) Attorneys’ Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, each party shall be responsible for its own attorneys’ fees and costs. 33) Compliance with Laws. In the performance of the Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including applicable ethics and procurement requirements. 34) Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement (“Effective Date”). Unless earlier terminated pursuant to this Agreement, this Agreement will automatically terminate after the performance of the Services and final Payment by the CRA. Nothing in this paragraph shall be construed so as to affect the CRA’s right to cancel or postpone the Services pursuant to this Agreement. 35) Modification. This Agreement will not be modified or amended except by the express written agreement of the Parties, signed by a duly authorized representative for each Party. Any other attempt to modify or amend this Agreement will be null and void and may not be relied upon by either Party. 36) Survival. The provisions of this Agreement regarding promotional rights, infringement, indemnity, waiver, limitation of liability, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 37) Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 38) Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement, the CRA may terminate the Agreement. 39) Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of 943 Page 10 of 10 4875-9566-4284, v. 1 services provided for herein is non-exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work. 40) E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Agreement. Notwithstanding any other provisions in this Agreement, if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the CRA shall terminate the Agreement. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor’s failure to comply with E-verify requirements referenced herein. 41) Conflict of Interest. Circuit represents that it has no interest and will not acquire any interest, direct or indirect, that would conflict with the performance of the services to be rendered under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By: __________________________________ Date: ___________________ Authorized Representative for Contractor Print Name: _______________________________________ Witness: __________________________________________ Date: ___________________ Witness Name: _____________________________________ By: __________________________________ Date: ___________________ Authorized Representative for CRA Print Name: _______________________________________ Witness: __________________________________________ Date: ___________________ Witness Name: _____________________________________ 944 4853-3349-4940, v. 3 EXHIBIT A: SCOPE OF SERVICES Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work. The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park. The Service to the Beach shall be subject to CRA’s execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones (Zone 1 and Zone 2) covering approximately 1.6 square miles of coverage area as illustrated in Exhibit A-1 (“Service Area”). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 945 4853-3349-4940, v. 3 Section 3: Marketing and Branding A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA. Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM on standby) and two (2) EV Sedansas part of this Service. The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders, unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit’s use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage, charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 946 4853-3349-4940, v. 3 i. At Circuit’s sole cost, Circuit shall maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non-operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit’s lack of diligence, the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver’s driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service (LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit’s principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA’ s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit’s Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit’s Representative has full right, power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty (30) days prior to the special event and may include a request the establishment of a 947 4853-3349-4940, v. 3 fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location, which will be agreed to by the parties in writing, prior to transportation. Section 7: Trip Sharing A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in GEM vehicles and four (4) parties in three E-Sedan under the following conditions: i. The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Department of Highway Safety and Motor Vehicles. Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty (60) hours each week (“Vehicle Hours”). The cost per vehicle shall be based on the hours of operation in accordance with the Pricing Schedule attached as Exhibit B. The Vehicle Hours shall occur within the following hours of operation: 948 4853-3349-4940, v. 3 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA’s annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request, Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports, the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement, Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 949 4853-3349-4940, v. 3 advertisement design, production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement, commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle “wraps” (collectively “Advertising”) must conform to the following criteria: i. Defamatory Advertising. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company. ii. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising. No Advertising shall displace false or misleading information, intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco, Firearms, and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes, laws, ordinances, rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services, as follows: 950 4853-3349-4940, v. 3 i. For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of a group, $2.00 for the initial rider and $1.00 for each additional rider within the group. B. Circuit shall credit the CRA’s monthly invoice for each Zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 951 The Circuit Service Area for City of Boynton Beach CRA that is active in the Ride Circuit app and on the Circuit website is as follows: Zone 1: Area shaded blue Zone 2: Area shaded green 4854-7888-5014, v. 2 952 Phase 1 Downtown/Federal Highway/ Beach Zone - Month Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Hours Per Week 60 60 60 60 60 60 60 60 60 60 60 60 Hours Per Month 261 261 261 261 261 261 261 261 261 261 261 261 # of GEMs 1 1 1 1 1 1 1 1 1 1 1 1 # of ADA GEMs 1 1 1 1 1 1 1 1 1 1 1 1 # of EV Vans 0 0 0 0 0 0 0 0 0 0 0 0 # of Sedans 2 2 2 2 2 2 2 2 2 2 2 2 GEM Vehicle Service Hours 261.0 261.0 261.0 261.0 261.0 261.0 261.0 261.0 261.0 261.0 261.0 261.0 ADA Standby GEM Service Hours (STANDBY)261.0 261.0 261.0 261.0 261.0 261.0 261.0 261.0 261.0 261.0 261.0 261.0 EV Van Service Hours 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Sedan Service Hours 522.0 522.0 522.0 522.0 522.0 522.0 522.0 522.0 522.0 522.0 522.0 522.0 $ / GEM Service Hour ($34.97) ($34.97) ($ 34.97) ($34.97) ($34.97) ($ 34.97) ($34.97) ($34.97) ($ 34.97) ($ 34.97) ($ 34.97) ($ 34.97) $ / ADA Standby GEM/Service Hour ($34.97) ($34.97) ($ 34.97) ($34.97) ($34.97) ($ 34.97) ($34.97) ($34.97) ($ 34.97) ($ 34.97) ($ 34.97) ($ 34.97) $ / EV Van Service Hour ($- .00) ($- .00) ($ - .00) ($- .00) ($- .00) ($ - .00) ($- .00) ($- .00) ($ - .00) ($ - .00) ($ - .00) ($ - .00) $ / Sedan Service Hour ($34.97) ($34.97) ($ 34.97) ($34.97) ($34.97) ($ 34.97) ($34.97) ($34.97) ($ 34.97) ($ 34.97) ($ 34.97) ($ 34.97) ($36,509) ($36,509) ($ 36,509) ($36,509) ($36,509) ($ 36,509) ($36,509) ($36,509) ($ 36,509) ($ 36,509) ($ 36,509) ($ 36,509) ($1,000) ($1,000) ($ 1,000) ($1,000) ($1,000) ($ 1,000) ($1,000) ($1,000) ($ 1,000) ($ 1,000) ($ 1,000) ($ 1,000) ($3,132) ($3,132) ($ 3,132) ($3,132) ($3,132) ($ 3,132) ($3,132) ($3,132) ($ 3,132) ($ 3,132) ($ 3,132) ($ 3,132) ($4,132) ($4,132) ($ 4,132) ($4,132) ($4,132) ($ 4,132) ($4,132) ($4,132) ($ 4,132) ($ 4,132) ($ 4,132) ($ 4,132) Total Costs Ad Revenue / Month Expected Fare Revenue / Month Expected Revenues Monthly Net Cost to CRA (E) ($32,377) ($32,377) ($ 32,377) ($32,377) ($32,377) ($ 32,377) ($32,377) ($32,377) ($ 32,377) ($ 32,377) ($ 32,377) ($ 32,377) GEMS VANS Sedans Hours of Operations Per week Vehicle cost / Hour of Operation Hours of Operations Per week Vehicle cost / Hour of Operation Hours of Operations Per week Vehicle cost / Hour of Operation 40-45 $41.61 40-45 $60.65 40-45 $46.23 46-50 $38.58 46-50 $55.43 46-50 $42.59 51-55 $36.59 51-55 $52.02 51-55 $40.22 56-60 $34.97 56-60 $49.22 56-60 $38.27 61-65 $33.61 61-65 $46.88 61-65 $36.63 66-70 $32.45 66-70 $44.89 66-70 $35.25 71-75 $31.46 71-75 $43.19 71-75 $34.06 76-80 $30.60 76-80 $41.71 76-80 $33.03 81-85 $29.84 81-85 $40.41 81-85 $32.12 86-90 $29.18 86-90 $39.26 86-90 $31.32 91-95 $28.58 91-95 $38.24 91-95 $30.61 96+$28.05 96+$37.32 96+$29.97 953 How often do you use Circuit services?With which gender do you most identify? What is your age?As it relates to the City of Boynton Beach, do you...If you are a Boynton Beach Resident, what zipcode do you reside in? When would you use Circuit? (select all that apply) How did you first hear about Circuit?Why do you normally use Circuit for these trips? (check all that apply) Which destinations would you use Circuit for in Boynton Beach? (Check all that apply)Would Circuit make you more likely to use local public transportation instead of driving?Do you think Circuit is a good addition to the communities you use it in?Do you think Circuit would be a good addition to the Boynton Beach community?Does Circuit help you save money on transportation?Do you own a personal vehicle?What’s most important to you about getting a ride? (rank) (Wait Time)What’s most important to you about getting a ride? (rank) (Price)What’s most important to you about getting a ride? (rank) (Experience (drivers, safety, cleanliness))What’s most important to you about getting a ride? (rank) (Environmental Impact)Would you be willing to pay more than the base fare ($1‐$2) for a ride in order to reduce your wait times?? If so, how much would you be willing to pay for a ride on Circuit if the wait time was 6 minutes or less? Do you have any other thoughts or suggestions you'd like to share?Never Female 25‐34I live in Boynton BeachI work in Boynton Beach 33426Morning (7am‐12pm)Afternoon (12pm‐5pm)Evening (5pm‐8pm)Late night (8pm‐11pm) BrightlineCircuit is cheaper than a taxi or TNC (Lyft, Uber, etc)So I don't have to look for parkingSo I don't have to use my carTo avoid drinking and drivingWalking isn't an option (weather, safety, physical limitations, etc)I've never used CircuitCity Hall/LibrarySunshine Square PlazaRiverwalk PlazaOne Boynton PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach Park Yes Yes Yes Yes Yes Most Important Important Less Important Least Important More than $42‐3 times a weekPrefer not to answerPrefer not to answerI live in Boynton Beach 33435 Afternoon (12pm‐5pm) Rode in another marketCircuit is eco‐friendly and is better for the environment than other optionsTo avoid drinking and drivingBoynton Harbor MarinaBeach Access at Ocean Front Beach Park Yes Yes Yes Yes Yes Most Important $0Never Female 45‐60I live in Boynton Beach 33435Morning (7am‐12pm)Afternoon (12pm‐5pm)Evening (5pm‐8pm)Late night (8pm‐11pm)Social Media (Facebook, Linked In, Instagram, Twitter/X)So I don't have to use my carCircuit is eco‐friendly and is better for the environment than other optionsSunshine Square PlazaOne Boynton PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach Park Yes Yes Yes Yes Yes Important Most Important Less Important Least Important $2Never Female 45‐60I live in Boynton Beach 33426 Late night (8pm‐11pm)I've never heard of Circuit I've never used Circuit Downtown Boynton Beach (Ocean Avenue/Federal Highway) Yes YesOther: I think we need more pockets of places people would want to go before we try to have a transportation Neutral Yes Most Important Important Less Important $0Never Female 61+I live in Boynton Beach 33436Other: Saw it last year at the Flamingo Park Holiday Home Tour I've never used CircuitOne Boynton PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway) Yes Yes Yes Neutral Yes Important Less Important Most Important Least Important $1Some of this would depend on the radius of the route. I would probably use it more often if it comes to my Never Female 61+I live in Boynton Beach 33436Morning (7am‐12pm)Late night (8pm‐11pm)I've never heard of CircuitTo avoid drinking and drivingI've never used CircuitCity Hall/LibraryRiverwalk PlazaOne Boynton PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach Park Yes Yes Yes Neutral Yes Most Important Important More than $4Never Female 35‐44 I live near Evening (5pm‐8pm) I've never heard of I've never used Circuit Beach Access at Ocean Front Beach ParkNeutral N/A No No Yes Most Important Important Less Important Least Important $1 Wish it would include destinations west Never Male 25‐34I live in Boynton Beach 33435Afternoon (12pm‐5pm)Evening (5pm‐8pm)Late night (8pm‐11pm)I've never heard of Circuit I've never used CircuitCity Hall/LibrarySunshine Square PlazaBeach Access at Ocean Front Beach ParkSara Sims Park Neutral N/A Yes Yes No Important Most Important Least Important Less Important $0Never Female 25‐34I live in Boynton BeachI work in Boynton Beach 33426Morning (7am‐12pm)Evening (5pm‐8pm)Late night (8pm‐11pm) Saw a news articleCircuit is cheaper than a taxi or TNC (Lyft, Uber, etc)So I don't have to look for parkingSo I don't have to use my carTo avoid drinking and drivingCity Hall/LibraryOne Boynton PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach Park Yes Neutral Yes Yes Yes Most Important Important Less Important Least Important $4Less than once a month Female 35‐44I live in Boynton Beach 33426Afternoon (12pm‐5pm)Evening (5pm‐8pm) Rode in another market So I don't have to look for parkingDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach Park Yes Yes Yes Neutral Yes Most Important Less Important Important Least Important $3Never Female 35‐44I live in Boynton Beach 33435Afternoon (12pm‐5pm)Evening (5pm‐8pm)Late night (8pm‐11pm)I've never heard of CircuitCircuit is cheaper than a taxi or TNC (Lyft, Uber, etc)To avoid drinking and driving Beach Access at Ocean Front Beach Park Yes Yes Yes Yes Yes Less Important Important Most Important Least Important $1Never Female 45‐60I live in Boynton BeachI work in Boynton Beach 33435Afternoon (12pm‐5pm)Evening (5pm‐8pm)I've never heard of Circuit I've never used CircuitCity Hall/LibraryOne Boynton PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach Park Yes N/A Yes Neutral Yes Important Most Important Less Important Least Important $1Would love to use bc parking is problematic w all the tourists. I can't even go to MY beach for which I pay taxes all year.Also would love to use for the concerts Never Male 35‐44I live in Boynton Beach 33434 Late night (8pm‐11pm)I've never heard of Circuit I've never used CircuitOne Boynton PlazaBoynton Harbor Marina Yes N/AOther: If there service is satisfactory and affordable yet effective Neutral Yes Less Important Most Important $1Never Female 35‐44I live near Boynton Beach and visit oftenI've never heard of Circuit I've never used CircuitCity Hall/LibraryRiverwalk PlazaOne Boynton PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach ParkSara Sims Park Yes Yes Yes Neutral Yes Least Important Most Important Important Less Important $1Never Female 45‐60 I live in Boynton 33437YesNever Female 45‐60I live in Boynton Beach 33436 Evening (5pm‐8pm)Social Media (Facebook, Linked In, Instagram, Twitter/X) To avoid drinking and drivingBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Other: BB Inlet Yes Yes Yes Yes Yes Less Important Most Important Important Least Important $0Once a month Female 45‐60I live in Boynton BeachI work in Boynton Beach 33436Morning (7am‐12pm)Afternoon (12pm‐5pm)Evening (5pm‐8pm)Late night (8pm‐11pm)Social Media (Facebook, Linked In, Instagram, Twitter/X)So I don't have to look for parkingSo I don't have to use my carCircuit is eco‐friendly and is better for the environment than other optionsWalking isn't an option (weather, safety, physical City Hall/LibraryBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach Park Yes Yes Yes Yes Yes Important Most Important Less Important Least Important $2Never Female 35‐44I live in Boynton Beach 33426 Evening (5pm‐8pm)I've never heard of Circuit I've never used CircuitCity Hall/LibraryDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach Park Yes Yes Yes Yes Yes Important Most Important Less Important Least Important $1Every day Male 18‐24I live in Boynton Beach 33436Morning (7am‐12pm)Late night (8pm‐11pm)A friend told me or word of mouthCircuit is cheaper than a taxi or TNC (Lyft, Uber, etc) Other Yes Yes Yes Yes No Most Important $3Less than once a month Female 35‐44I live in Boynton BeachI work in Boynton 33435Morning (7am‐12pm)Afternoon (12pm‐5pm)Evening (5pm‐8pm)A friend told me or word of mouthCircuit is cheaper than a taxi or TNC (Lyft, Uber, etc) City Hall/Library Yes Yes Yes Yes No Important $3Once a month Female 61+I live in Boynton Beach 33435Morning (7am‐12pm)Afternoon (12pm‐5pm)Evening (5pm‐8pm)Late night (8pm‐11pm)Other: used it when stayed in pompano beach flCircuit is cheaper than a taxi or TNC (Lyft, Uber, etc)So I don't have to look for parkingSo I don't have to use my carCircuit is eco‐friendly and is better for the environment than other optionsTo avoid drinking and drivingI like the driversCircuit is faster than other optionsCity Hall/LibrarySunshine Square PlazaRiverwalk PlazaOne Boynton PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach ParkSara Sims Park Yes Yes Yes Yes Yes Less Important Important Most Important Least Important $3Never Female 45‐60I live in Boynton Beach 33437 Evening (5pm‐8pm) Saw a news article So I don't have to look for parkingRiverwalk PlazaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach Park Yes Yes Yes Neutral Yes Important Most Important Less Important Least Important $0 954 How often do you use Circuit services?With which gender do you most identify? What is your age?As it relates to the City of Boynton Beach, do you...If you are a Boynton Beach Resident, what zipcode do you reside in? When would you use Circuit? (select all that apply) How did you first hear about Circuit?Why do you normally use Circuit for these trips? (check all that apply) Which destinations would you use Circuit for in Boynton Beach? (Check all that apply)Would Circuit make you more likely to use local public transportation instead of driving?Do you think Circuit is a good addition to the communities you use it in?Do you think Circuit would be a good addition to the Boynton Beach community?Does Circuit help you save money on transportation?Do you own a personal vehicle?What’s most important to you about getting a ride? (rank) (Wait Time)What’s most important to you about getting a ride? (rank) (Price)What’s most important to you about getting a ride? (rank) (Experience (drivers, safety, cleanliness))What’s most important to you about getting a ride? (rank) (Environmental Impact)Would you be willing to pay more than the base fare ($1‐$2) for a ride in order to reduce your wait times?? If so, how much would you be willing to pay for a ride on Circuit if the wait time was 6 minutes or less? Do you have any other thoughts or suggestions you'd like to share?Never Female 61+I live in Boynton Beach 33437Afternoon (12pm‐5pm)Evening (5pm‐8pm)I've never heard of Circuit I've never used CircuitCity Hall/LibrarySunshine Square PlazaRiverwalk PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach Park Yes Yes Yes Yes Yes Most Important Important Less Important Least Important $2 Please give details on how circuit works Never Female 45‐60 I live in Boynton 33437 Evening (5pm‐8pm) I've never heard of I've never used Circuit Other: Airport in WPB if available Less than once a month Male 61+I live in Boynton Beach 33435Morning (7am‐12pm)Afternoon (12pm‐5pm)Evening (5pm‐8pm)Late night (8pm‐11pm) Rode in another marketCircuit is cheaper than a taxi or TNC (Lyft, Uber, etc)So I don't have to look for parkingSo I don't have to use my carCircuit is eco‐friendly and is better for the environment than other optionsTo avoid drinking and drivingCity Hall/LibrarySunshine Square PlazaRiverwalk PlazaOne Boynton PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Sara Sims Park Yes Yes Yes Neutral Yes Important Most Important $1Female 61+I live in Boynton Beach 33435Morning (7am‐12pm)Afternoon (12pm‐5pm)Evening (5pm‐8pm)Late night (8pm‐11pm)From the City, Visitor Center, or Chamber websiteCity Hall/LibrarySunshine Square PlazaRiverwalk PlazaOne Boynton PlazaBoynton Harbor MarinaDowntown Boynton Beach (Ocean Avenue/Federal Highway)Beach Access at Ocean Front Beach ParkSara Sims ParkOther: Wherever I may need a ride to. Yes N/A Yes Neutral Yes Important Most Important Least Important Less Important $0I have not had an opportunity to use Circuit as I was not aware it is in Boynton Beach. I thought this survey was part of the city getting feedback on whether it would be viable & an interest to have in our city. Never Female 45‐60I live in Boynton BeachI work in Boynton Beach 33426 Late night (8pm‐11pm)I've never heard of CircuitI don't own a carI've never used CircuitCity Hall/LibraryRiverwalk PlazaBeach Access at Ocean Front Beach ParkOther: Shopping Neutral Neutral Other: Not sure, don't know enough Neutral No Important Most Important Less Important Least Important $4Never Female 45‐60I live in Boynton Beach 33437Evening (5pm‐8pm)Late night (8pm‐11pm)I've never heard of Circuit I've never used CircuitNo Neutral Other: Not sure Neutral Yes Important Least Important Most Important Less Important $0Less than once a month Female 45‐60I live near Boynton Beach and visit oftenI visit Boynton Morning (7am‐12pm)Afternoon (12pm‐5pm)Evening (5pm‐8pm)Social Media (Facebook, Linked In, Instagram, Twitter/X) I don't own a carCity Hall/LibrarySunshine Square PlazaOne Boynton PlazaDowntown Boynton Beach (Ocean Avenue/Federal Highway) Yes Yes Yes Yes No Most Important Important $1 955 Circuit Feedback Survey for Businesses Question 1 has 18 answers (Radio Buttons) “What industry is your business categorized within?” Retail 3 (16.7%) Food/Beverage 5 (27.8%) Professional Service 5 (27.8%) Medical 0 (0.0%) Recreation 1 (5.6%) Marine 1 (5.6%) Art 0 (0.0%) Other 3 (16.7%) Question 2 has 18 answers (Radio Buttons) “How long have you been in business?” Under 1 year 0 (0.0%) 1-3 years 2 (11.1%) 3-5 years 5 (27.8%) 5-10 years 5 (27.8%) 10-20 years 2 (11.1%) More than 20 years 4 (22.2%) Question 3 has 18 answers (Radio Buttons) “Have you heard of Circuit?” Yes 2 (11.1%) No 16 (88.9%) All Responses Question 1: What industry is your business categorized within?Question 2: How long have you been in business?Question 3: Have you heard of Circuit?Ques Feedback956 Question 4 has 13 answers (Checkboxes) “Please check any of the following marketing campaigns that you would be interested in.” Custom vehicle wrap 5 (27.8%) Digital marketing within app 8 (44.4%) Cross promotion via social media 11 (61.1%) Question 5 has 16 answers (Checkboxes) “How much would you be willing to contribute to a monthly advertising campaign for Circuit?” $0 6 (33.3%) Up to $100 8 (44.4%) $250 3 (16.7%) $500 1 (5.6%) $750 0 (0.0%) $1,000 0 (0.0%) $1,500 0 (0.0%) Question 6 has 18 answers (Checkboxes) “What age range best relates to your clientele or typical customer?” 18-24 5 (27.8%) 25-34 7 (38.9%) 35-44 13 (72.2%) 45-60 12 (66.7%) 61+ 5 (27.8%) Prefer not to answer or unsure 2 (11.1%)Feedback957 Question 7 has 17 answers (Radio Buttons) “Do you think that your customer base would be interested in utilizing the Circuit vehicles to be transported to and from your business?” Yes 8 (47.1%) No 9 (52.9%) Question 8 has 18 answers (Radio Buttons) “Do you think that any of your employees would be interested in utilizing the Circuit vehicles to be transported to and from work?” Yes 8 (44.4%) No 10 (55.6%) Question 9 has 18 answers (Checkboxes) “What are the typical hours that your employees travel to and from work?” 7:00 AM to 9:00 AM 7 (38.9%) 9:00 AM to 11:00 AM 6 (33.3%) 11:00 AM to 1:00 PM 5 (27.8%) 1:00 PM to 3:00 PM 2 (11.1%) 3:00 PM to 5:00 PM 4 (22.2%) 5:00 PM to 7:00 PM 10 (55.6%) 7:00 PM to 9:00 PM 1 (5.6%) 9:00 PM to 11:00 PM 3 (16.7%) 11:00 PM to 1:00 AM 3 (16.7%) Question 10 has 18 answers (Radio Buttons)Feedback958 “Would you be willing to offer a discount to customers that utilize the Circuit app to visit your business?” Yes 11 (61.1%) No 7 (38.9%) Question 11 has 18 answers (Radio Buttons) “Would you be interested in participating in a Boynton Beach Bucks promotion that is exclusive to Circuit riders? ” Yes 13 (72.2%) No 5 (27.8%) Question 12 has 18 answers (Radio Buttons) “Are you able to add a promo code to your POS?” Yes 6 (33.3%) No 12 (66.7%)Feedback959 •Attachment I - Draft RFP for Appraisal Services COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 NEW BUSINESS AGENDA ITEM 14.A SUBJECT: Discussion and Consideration of a Request for Proposals for Property Appraisal Services SUMMARY: As part of the BBCRA mission, commercial and residentially zoned properties are acquired to be used in the assemblage of larger redevelopment sites and for affordable housing initiatives. The BBCRA must obtain a property appraisal, from a state licensed appraiser, as part of its acquisition procedure. In order to make the process more efficient, BBCRA Staff would like to issue a Request for Proposals for Property Appraisal Services. BBCRA Staff and legal counsel have prepared a draft Request for Proposals (RFP) for Property Appraisal Services from qualified firms to perform residential and nonresidential appraisals for the acquisition and disposal of properties within the BBCRA boundaries for the implementation of the 2016 Boynton Beach Community Redevelopment Plan. BBCRA Staff is requesting the BBCRA Board to review and make recommendations/changes to the RFP for Property Appraisal Services and approve the issuance of the RFP. FISCAL IMPACT: TBD CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the issuance of the draft Request for Proposals for Property Appraisal Services. 2. Do not approve the issuance of the draft Request for Proposals for Property Appraisal Services. 3. Other direction as provided by the Board. ATTACHMENTS: Description 960 Page 1 of 19 4871-2926-7865, v. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR PROPERTY APPRAISAL SERVICES Issue Date: February 2, 2024 Submittal Deadline: March 5, 2024, no later than 2:00 p.m. The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing this Request for Proposals (RFP) for property appraisal services from qualified firms to perform residential and nonresidential appraisals for the acquisition and disposal of properties within the BBCRA boundaries for the implementation of the 2016 Boynton Beach Community Redevelopment Plan (City of Boynton Beach Ord. 16 -018), as it may be amended from time to time. The BBCRA is authorized pursuant to Florida Statutes, Chapter 163, Article III, The Community Redevelopment Act of 1969, as amended, to request proposals for property appraisal services, and to enter into agreements with contractors for such services. The BBCRA will accept sealed proposals at its office located in City Hall at 100 E. Ocean Avenue, 4th floor, Boynton Beach, FL 33435 ON OR BEFORE March 5, 2024, no later than 2:00 p.m. Eastern Standard Time (EST), as determined by the time stamp or clock at the BBCRA’s reception area on the 1st Floor Lobby. Responses to this RFP (“Proposals”) received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All Proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will not be accepted. The RFP documents, including all related attachments, must be obtained from the BBCRA office or website at www.boyntonbeachcra.com (Select RFPs/RFQs/ITBs from the Redevelopment top dropdown menu). 1. Background The City of Boynton Beach (City), with a population of eighty thousand (80,000), is the third largest city in Palm Beach County, Florida. It is located approximately forty-five (45) miles north of Miami and fifteen (15) miles south of West Palm Beach. This puts it in the heart of southeast Florida’s rapidly growing tri-county Miami- Dade/Broward/Palm Beach metropolitan area. The BBCRA District is 1,650 acres in size and mainly lies along the US1 corridor. Information, plans, annual report, programs and a d istrict map may be found on the BBCRA webpage: https://www.boyntonbeachcra.com The BBCRA was created in order to eliminate slum and blighted conditions, promote neighborhood revitalization, encourage redevelopment and help create affordable housing opportunities within the Community Redevelopment Area of the City of Boynton Beach. The acquisition of the commercial and residentially zoned properties is primarily for assemblage for larger redevelopment sites, while the acquisition of the residentially zoned properties is primarily to initiate affordable housing initiatives. Additional informatio n regarding The BBCRA’s objectives as it relates to the acquisition and disposal of properties within its boundaries 961 Page 2 of 19 4871-2926-7865, v. 1 can be found in the Community Redevelopment Plan at https://www.boyntonbeachcra.com/about- bbcra/plans-and-documents 2. Proposer Registration All entities interested in responding to this RFP must register with the BBCRA via email by providing their name, address, telephone number, and an email address to Theresa Utterback, BBCRA Development Services Manager, at UtterbackT@bbfl.us. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this RFP will be sent to registered proposers using the registration information provided. 3. Additional Information After the Proposals are received by the BBCRA, the BBCRA may make requests to proposers for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the Proposal or proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all proposers will be directed to all proposers. Following submission of a Proposal, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the Proposal and/or the proposer (including the proposer’s affiliates, officers, directors, partners and employees), as requested by the BBCRA. 4. Scope of Services a. The BBCRA is soliciting Proposals from qualified firms to provide summary form residential or narrative nonresidential market value appraisal reports in PDF files via e-mail within fourteen (14) calendar days of receiving the notice to proceed from BBCRA (the “Project”). The Project work product shall be in conformity with the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) as adopted by the Appraisal Standards Board of the Appraisal Foundation. PDF appraisal file s shall be emailed to utterbackt@bbfl.us. At least one (1) original signed copy of appraisal to be delivered to: Theresa Utterback, Dev. Services Manager, Boynton Beach CRA, 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435. b. Minimum qualifications: i. Current licensure by the State of Florida as a certified residential or general appraiser for a minimum of five (5) years. Must provide proof of licensure with submission. ii. Five (5) years documented experience in the Palm Beach County real estate market within a redevelopment area verified through a resume and reference. iii. Three (3) verifiable references from work performed in the last five (5) years. 5. Submittal Requirements a. Location and Deadline. Proposals must be received by the BBCRA at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 on or before March 5, 2024, no later than 2:00 p.m. Eastern Standard Time (the “Deadline”), as determined by the time stamp or clock at the BBCRA’s reception ar ea on the 1st Floor Lobby. Proposals received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted Proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivered in a sealed box or envelope. Faxed and emailed Proposals will not be accepted. In total, one (1) bound original Proposal document must be 962 Page 3 of 19 4871-2926-7865, v. 1 submitted with a title page listing the name of the RFP and the submitting proposer along with one (1) unbound but clipped copy of the complete Proposal and one (1) digital copy of the complete Proposal in PDF format on a labeled CD/DVD or thumb drive. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Request for Proposals for Property Appraisal Services Boynton Beach Community Redevelopment Agency City of Boynton Beach, Florida Issue Date: February 2, 2024 Submittal Deadline: March 5, 2024, no later than 2:00 p.m. (EST) c. Completeness. All Proposals must be complete upon submittal to the BBCRA. d. Signature. The Proposal, and any documents submitted with the Proposal that require a signature, must be signed by an individual authorized by proposer to legally bind and represent proposer. e. All responses must be submitted on the provided Price Quotation Response Form, Attachment “A”. Bid responses on vendor letterhead/quotation forms shall not be accepted. Responses must be typewritten or printed in ink, and must be signed in ink by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. f. All responses must indicate whether or not the Respondent is a Local Business via submittal of a Certification Statement pursuant to City of Boynton Beach Administrative Policy Manual, Policy No.: 10.14.01(D) (Chapter: 10, Section: 14, Subject: 01; Paragraph D. https://www.boynton- beach.org/364/Local-Business-Preference g. Failure to Meet Submittal Requirements. The failure to: meet the Deadline, submit a Proposal that complies with the form and number of copies requirements, or submit a complete Proposal, may result in the Proposal being rejected and returned at the sole discretion of the BBCRA. h. Proposal validity. Proposals shall remain valid and binding on proposers for ninety (90) days after the submittal date. i. Required Elements of Proposals Proposals must contain all of the following documents and information , and all requirements contained in this RFP, in order to be deemed complete. Proposals not deemed complete may be rejected. • Tab 1 - Cover Letter and Introduction • Tab 2 - Demonstrated Experience for Firm and Project Personnel by providing resumes for all potentially assigned staff documenting experience with the Palm Beach County Real Estate market within a redevelopment area for the last five (5) years. • Tab 3 - References. Provide three (3) verifiable references from the last five (5) years; and, 963 Page 4 of 19 4871-2926-7865, v. 1 • Tab 4 - Cost of Services – Describe the fee structure, including all fees and reimbursable expenses. Explain the placement guarantee the firm will provide to the BBCRA. • Tab 5 - Proof of proper licensing by the State of Florida for all potentially assigned staff. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. • Tab 6 - Proof of General, Professional, and Commercial Liability Insurances. The BBCRA reserves the right to ensure and require that the insurance coverages provided by the successful firms are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the agreement, the BBCRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so and the firms agree to comply with the BBCRA's decision. The BBCRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of a agreement and any extensions thereof. The BBCRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms’ behalf because of the insurer’s poor financial condition or due to the insurer’s failure to operate legally in the State of Florida. • Tab 7 - Provide a PowerPoint presentation of the Proposal, consisting of no more than ten (10) slides • Attachment “A” – Price Quotation Response Form • Attachment “B” – Addenda Acknowledgement • Attachment “C” – Public Entity Crimes Statement • Attachment “D” – Certification of Drug Free Workplace Program • Attachment “E” – Authorization for Release of Information • Attachment “F” – Certification of Non-Scrutinized Company • Attachment “G” – Proposer(s) Information • Attachment “H” – Acknowledgement Letter 6. RFP Proposal Evaluation and Selection Process The BBCRA staff shall review each Proposal and make a determination as to whether each Proposal meets the minimum submission requirements for review, including whether the Proposal is complete, and whether it fully complies with the terms and conditions outlined in this RFP . A proposer’s failure to provide a substantially complete RFP response submission may result in the submission not being evaluated. The BBCRA may request clarification of submitted information from any Proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. In addition to meeting the minimum requirements of this RFP, each Proposal will be evaluated based on the information provided and on the following criteria, which are listed below in order of importance. As noted 964 Page 5 of 19 4871-2926-7865, v. 1 below, adequate capability to successfully undertake the propos ed Project is a minimum standard which shall be met before any other criterion is considered . Criteria Provided in Information Demonstrated Experience for Firm and Project Personnel Tab 2 References Tab 3 Cost of Services Attachment “A” After the BBCRA staff reviews the proposals for completeness and evaluates the Proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the BBCRA Board at a public meeting. The Proposers will present their Proposals and their PowerPoint presentations before the BBCRA Board at their regular scheduled meetings in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. In the selection of the successful Proposer(s) (if any), the BBCRA Board will consider all proposals that meet the minimum submission requirements for review, the BBCRA staff review, the BBCRA Advisory Board recommendation if required, and/or any other relevant data. At the conclusion of the public presentation s, a Proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a Proposer regardless of their ranking, and can, at its sole discretion, opt to terminate the RFP process or continue the process to a subsequent meeting. Award Criteria: The BBCRA may take into account Local Business Preference (City of Boynton Beach Resolution No. R17-076), assuming all minimum qualification criteria are met by the Proposer and the submission includes all required attachments. The BBCRA reserves the right to make multiple awards for this RFP. The Proposer is expected to perform all work offered to them, unless they are unable to perform it for lack of resources or technical ability. The Proposer may be found in default of the Agreement if it declines more than 20% of the offered work, or if it establishes a pattern of accepting only the more desirable work and declining less desirable work as determined by the BBCRA. Up to five (5) firms can be selected through this RFP. The term of each agreement with each firm will be for three (3) years, with an option for up to one (1), one (1) year extension. Any resulting agreement shall be considered non- exclusive. The existence of a contractual relationship between a Proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected Proposer, and execution of an agreement by both parties. Therefore, upon selection of a successful Proposer, the BBCRA and the successful proposer will then enter into negotiations for an Agreement that will contain terms substantially similar to those contained in the successful proposal and this RFP. Any Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. If the BBCRA and the successful Proposer are not able to agree upon an Agreement satisfactory to both parties within sixty (60) days of the selection of the successful Proposer, Proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. The BBCRA may withdraw its offer of agreement, including a final offer, at any time prior to acceptance of such agreement. Upon termination of negotiations or withdrawal of offer of agreement, the BBCRA may move f orward as it deems appropriate, which may include entering into negotiations with another proposer, re-advertising the RFP, electing to terminate the RFP process, or any other action it deems to be in the best interest of the BBCRA. 965 Page 6 of 19 4871-2926-7865, v. 1 7. Cancellation/Termination Any response may be withdrawn prior to the date and time the proposals are due. An e -mail or letter withdrawing a Proposal must be sent by an authorized representative of the Respondent. All submittals will become a public record of the BBCRA upon receipt and are subject to public disclosure consistent with Chapter 119 of the Florida Statutes. Any response not withdrawn shall constitute an irrevocable offer, for a period of one hundred and twenty (120) calendar days. 8. Tentative Schedule The following tentative schedule is anticipated for actions related to this RFP. All dates, times, and locations are subject to change. All changes will be posted to the BBCRA’s website at www.boyntonbeachcra.com RFP Approval by BBCRA Board (subject to legal review): January 18, 2024 Issue Date of RFP: February 2, 2024 Question/Request for Clarification Deadline: February 23, 2024 Submittal Deadline: March 5, 2024 Presentation to BBCRA Board and Approval: April 9, 2024 CRAAB Review TBD (Note: Dates above subject to change – registered interested parties will be notified by email of changes, if any.) 9. Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this RFP must be directed to the person designated as the procurement officer for this RFP: Theresa Utterback, Development Services Manager Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9094 Email: UtterbackT@bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, and requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than February 23, 2024. All answers to questions, clarifications, and interpretations will be issued in the form of addenda, which become part of this RFP. The proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment “B”). It is the responsibility of all proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer, or to any assumptions made by proposer. Written responses to all written questions submitted shall be maintained by the BBCRA in the RFP file. 966 Page 7 of 19 4871-2926-7865, v. 1 c. Limitations on Communications; Cone of Silence; No Lobbying. Proposer or persons acting on proposer’s behalf may not contact, between the release of the solicitation and the end of the seventy- two (72) hour period following the BBCRA posting the notice of intended award (excluding Saturdays, Sundays, and state holidays), any employee, officer, or Board Member of the BBCRA concerning any aspect of this RFP, except in writing to the procurement officer or as provided in the RFP documents. Violation of this provision may be grounds for rejecting a Proposal. Further, during the same time period, proposer or persons acting on proposer’s behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this RFP. Communication prohibited by this RFP, or by any other state, federal, or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the Proposal or selection process. Any violation of this condition may result in rejection and/or disqualification of the proposer’s Proposal. For purposes of this section, persons acting on proposer’s behalf shall include, but not be limited to, the proposer’s employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the proposer. This “Cone of Silence/No Lobbying” is in effect from the date of publication of the RFP and shall terminate at 1) the time the BBCRA Board selects a proposer, rejects all Proposals, or otherwise takes action which ends the solicitation process; or 2) at the end of the seventy-two (72) hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, whichever is later. 10. Disclosure and Disclaimer Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this RFP at any time; b. Modify the schedule associated with this RFP; c. Issue addenda to this RFP; d. Request additional information, clarifications, or assurances from one or more proposers or prospective proposers; e. Reject any and all Proposals; f. Refrain from awarding an agreement as a result of this RFP; g. Verify the accuracy of any information provided; h. Accept Proposals that deviate from this RFP; i. Disqualify or reject Proposals that are incomplete, untimely, or unclear; j. Re-advertise this RFP and accept new Proposals; k. Obtain economic feasibility studies or third-party evaluations with regard to any part of any Proposal; l. Evaluate the Proposals through any process that complies with the BBCRA Procurement Policy, this RFP, and applicable Florida Statutes, 967 Page 8 of 19 4871-2926-7865, v. 1 m. Select one or more successful Proposals or proposers it deems will be in the best interests of the BBCRA, regardless of which Proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this RFP for all Proposals or for a specific Proposal; o. Waive any formalities associated with this RFP; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP. Any proposer who submits a Proposal in response to this RFP fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP, proposer or proposer’s Proposal may be disqualified. 11. Protests. The Bid Protest Policy is available upon request. Submittal of a Proposal in response to this RFP constitutes acceptance of this policy. 12. Non-Discrimination. The selected proposer, on behalf of itself, its successors and its assigns, agrees that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the RFP, the BBCRA, the Proposal, any agreement resulting from this RFP, or the Project. Respondents are hereby notified that pursuant to Section 287.05701, Florida Statutes, the BBCRA may not request documentation concerning or consider a vendor's social, polit ical, or ideological interests when determining if the respondent is a responsible respondent, and may not give preference to a respondent based on the respondent's social, political, or ideological interests. 13. Permits, Taxes, Licenses and Laws. The successful proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this RFP and carrying out the Project. 14. Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in response to this RFP to be of non-confidential and/or non-proprietary in nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. If a proposer believes any portion of a proposal is exempt from public records disclosure, the proposer must identify the portion of the proposal it believes it is exempt, state the reason for exemption, and request the BBCRA exempt it from public records disclosure. The BBCRA will exempt portions of a proposal from public records disclosure only to the extent permitted by law. 15. Public Records. The BBCRA is public agency subject to Chapter 119, Florida Statutes. The successful proposer shall comply with Florida’s Public Records Law. Specifically, the successful proposer shall: 968 Page 9 of 19 4871-2926-7865, v. 1 a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and, d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 E. Ocean Avenue, Boynton Beach, Florida 33435, TackT@bbfl.us. 16. Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals , or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in F.S. Sec. 287.017 for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this RFP, proposer must complete and attach Attachment “C” Public Entity Crimes Statement. 17. Drug Free Workplace Certification Preference shall be given to proposer(s) with drug free work programs, under the standards described in Section 287.087, Florida Statutes. Whenever two (2) or more proposals that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodit ies or contractual services, a proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. In order to receive such preference, the proposer shall complete and submit with its Proposal the attached certification, Attachment "D," Drug Free Workplace Certification. 18. E-Verify. In any agreement resulting from this RFP, t he Proposer will be required to warrant, for itself and its subcontractors, compliance with all federal immigration laws and regulations that relate to their employees. Proposer agrees and acknowledges that the BBCRA is a public employer that is subject to the E-Verify 969 Page 10 of 19 4871-2926-7865, v. 1 requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of F.S. Sec. 448.095 will apply to such an agreement. 19. Authorization for Release of Information Proposer consents to the BBCRA checking references and contacting prior stakeholders concerning past projects proposer has completed. Bidders must complete Attachment “E” Authorization for Release of Information. 20. Non-Scrutinized Entity By submitting a bid, bidder certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. Proposers must complete Attachment “F,” Certification of Non-Scrutinized Entity. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 970 Page 11 of 19 4871-2926-7865, v. 1 LIST OF ATTACHMENTS: A. PRICE QUOTATION RESPONSE FORM B. ADDENDA ACKNOWLEDGEMENT C. PUBLIC ENTITY CRIMES STATEMENT D. CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM E. AUTHORIZATION FOR RELEASE OF INFORMATION F. CERTIFICATION OF NON-SCRUTINIZED COMPANY G. PROPOSER(S) INFORMATION H. ACKNOWLEDGMENT LETTER 971 Page 12 of 19 4871-2926-7865, v. 1 ATTACHMENT “A” PRICE QUOTATION RESPONSE FORM Appraisal Fee Schedule for Each Structure/Property Type Listed: Structure/Property Type Amount ($) 1 Vacant Residential Property 2 Single-Family Detached Home 3 2-4 Unit Property 4 >5 Unit Property 5 Nonresidential Property (<10,000 square feet) 6 Nonresidential Property (>10,000 square feet) 7 Vacant Nonresidential Property By signing this response, I am certifying the above prices for services and that each are given on a per -home, unit, or property basis. Respondent Residential or General Appraiser? Authorizing Signatory Signature Address Telephone Email Address Date Local Business? If yes, include Certification Statement City of Boynton Beach Admin. Policy No.: 10.14.01(D) 972 Page 13 of 19 4871-2926-7865, v. 1 ATTACHMENT “B” ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals (RFP) for Property Appraisal Services By entering checking YES or NO in the space provided and indicating date received. No. 1 Yes No Date____________________ No. 2 Yes No Date ____________________ No. 3 Yes No Date ____________________ No. 4 Yes No Date ____________________ No. 5 Yes No Date ____________________ RFP INFORMATION WAS OBTAINED FROM: BBCRA Website Newspaper Ad City Hall Other, please specify: ___________ _______________________________________ Authorized Signature _______________________________________ Print Name _______________________________________ Title 973 Page 14 of 19 4871-2926-7865, v. 1 ATTACHMENT “C” PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. _______________________________ Proposer Name _______________________________ Authorized Signature _______________________________ Print Name _______________________________ Title ________________________________ Date 974 Page 15 of 19 4871-2926-7865, v. 1 ATTACHMENT “D” CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that __________________________________, the proposer responding to this RFP, maintains a drug- free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP, he/she will abide by the terms of the statement; and will notify the employer (proposer) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Proposer imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that proposer complies fully with the above requirements. Authorized Signature: _________________________________________ Date: _____________ Name & Title (typed): ____________________________________________________________ 975 Page 16 of 19 4871-2926-7865, v. 1 ATTACHMENT “E” AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned’s professional credit and personal character, or of the proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as “proposer” below. By: Print Name: _________________________ Title: _______________________________ Proposer (Business) Name (D/B/A if applicable): ______________________________________ Current Business Address: ________________________________________________________ ______________________________________________________________________________ Federal Tax ID#: ___________________________ State of Incorporation: _________________ STATE OF FLORIDA COUNTY OF _______________________________ THE FOREGOING INSTRUMENT was acknowledged before me this day of , 20___, by _____ who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: ______________ Commission No: (Seal) My Commission Expires: 976 Page 17 of 19 4871-2926-7865, v. 1 ATTACHMENT “F” CERTIFICATION OF NON-SCRUTINIZED COMPANY _____________________________, as proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this RFP, the BBCRA may disqualify the Pr oposal and/or terminate the agreement. _______________________________ Proposer Name By: ____________________________ Authorized Representative of Proposer Date: __________________________ STATE OF FLORIDA COUNTY OF _______________________________ THE FOREGOING INSTRUMENT was acknowledged before me this day of , 20___, by _____ who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: ______________ Commission No: (Seal) My Commission Expires: 977 Page 18 of 19 4871-2926-7865, v. 1 ATTACHMENT “G” PROPOSER(S) INFORMATION Name: ________________________________________________________________________ Street Address: _________________________________________________________________ Mailing Address (if different): ______________________________________________________ City, State, Zip: _________________________________________________________________ Telephone No.: _______________________ Fax No.: ___________________________________ Email Address of Contact Person: ___________________________________________________ Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organizat ion and management efforts. _________________________________________________________ ______________________________________________________________________________ Age of Organization – In continuous business since: _____________________________________ Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________ Federal Identification No.: ________________________________________________________ State of Incorporation & Registration No.: ____________________________________________ If not a corporation, explain your status: _____________________________________________ ______________________________________________________________________________ 978 Page 19 of 19 4871-2926-7865, v. 1 ATTACHMENT “H” ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE ***************************************************************************** Re: Boynton Beach Community Redevelopment Agency Request for Proposal/Request for Qualifications (RFP) dated _______________ Request for Proposals for Property Appraisal Services To Whom It May Concern: The undersigned has read and understands all the procedures and requirements of the Boynton Beach CRA (BBCRA) Request for Proposals for Property Appraisal Services. On behalf of proposer identified below and our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA’s disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP are met and all required documents are enclosed. We further certify that all information presented in this proposal, and all of the information furnished in support of the proposal, is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an Agreement may be penalized to the maximum extent allowed by law. Sincerely, _____________________________________________________________________ Name of Proposer _____________________________________________________________________ Print Name and Title _____________________________________________________________________ Authorized Signature ________________________________ Date 979 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 NEW BUSINESS AGENDA ITEM 14.B SUBJECT: Discussion and Consideration of Purchase of 1111 S. Federal Highway SUMMARY: CRA Staff actively pursues the purchase of properties within the BBCRA District in order to spur redevelopment opportunities in accordance with the 2016 Boynton Beach Community Redevelopment Plan. The property located at 1111 S. Federal Highway is located within the Downtown District of the BBCRA boundaries (Attachment I). 1111 S. Federal Highway is a vacant lot, approximately 15,246 square feet (0.35 acres) and zoned C3 Community Commercial (Attachment II). The future development would be a mixed- use development under the MU Medium Future Land Use Classification. The development potential would allow a mixed-use development with a maximum density of 40-50 units per acre and a maximum height of 65'-75'. The property is currently listed for sale at $895,000 (Attachment III). The broker has advised that the owner would accept $850,000.00 for the property. This is comparable to the square footage cost of recent CRA acquisitions (Attachment IV). An appraisal was performed on December 31, 2023, and appraised at $891,000.00 (Attachment V). This item is being brought before the Board for discussion on the potential purchase of the vacant lot. Due diligence would be performed as part of the purchasing process. FISCAL IMPACT: Purchase Price to be determined by the Board. FY 2023-2024 Budget, Project Fund, Line Item 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Downtown District CRA BOARD OPTIONS: 1. Approve the purchase of the vacant lot located at 1111 S. Federal Highway in the amount to be determined by the CRA Board and authorize the Board Chair to execute a Purchase and Sale Agreement subject to final legal review. 2. Do not approve the purchase of the vacant lot located at 1111 S. Federal Highway. 980 •Attachment I - Downtown District •Attachment II - Location Map 1111 S Fed Hwy •Attachment III - LoopNet Listing 1111 S Fed Hwy •Attachment IV - 1111 S Fed Property Comparisons •Attachment V - 1111 S Federal Hwy Appraisal 3. Alternative direction as provided by the CRA Board. ATTACHMENTS: Description 981 81 Downtown District Introduction Planning Challenges Planning Considerations The Vision Recommendations 982 82D.District PlansIntroduction The Downtown District has been included in several planning efforts including the Federal Highway Corridor Plan, the Downtown Vision and Master Plan, and the original CRA plan adopted in 1984. It has long been the desire of the City to reinvigorate the historic center of Boynton Beach. Some progress has been made toward this goal with the development of the Casa Costa, Marina Village condominiums, and the soon to be completed 500 Ocean mixed-use development. The CRA has invested in the redevelopment of the Boynton Harbor Marina to create a tourism destination, preserve a working waterfront and support the boating community. The Agency planned and constructed the Boynton Beach Promenade that extends from Federal Highway to the Intracoastal Waterway; the Promenade also connects to the City’s Mangrove Walk Park and the Marina. The Downtown District is bound to the north by N.E. 7th Avenue, to the south by S.E. 12th Avenue, to the east by Federal Highway and the Intracoastal Waterway, and to the west by the FEC Railway. The District connects via Federal Highway and S.E. 4th Street to the secondary development node at Woolbright and Federal Highway. Downtown Boynton Beach is easily accessed via I-95 and Boynton Beach Boulevard: the distance from I-95 to Federal Highway is less than one mile. The City’s beach at Oceanfront Park is only 1.7 miles from I-95 or, for residents of one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri-Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within ½ mile of the future station. N Ocean Ave Boynton Beach Blvd.SE 4th StFederal HwySE 12th Ave NE 6th Ave SE 8th AveFEC RailroadFigure 40: Downtown District Location Map 983 83 Planning Challenges Unlike Delray Beach or West Palm Beach, Boynton Beach historically has only had a very small downtown area. It extended from just east of Federal Highway to west of Federal Highway at Ocean Avenue. There have been very few commercial buildings that could be repurposed into restaurants and stores as Delray Beach has done. Consequently, the first CRA Plan adopted in 1984 concentrated on the downtown area (smaller than proposed in this plan) as a redevelopment priority. Some of the planning challenges are: • Lack of developable parcels – assemblage is required • Property owners have unrealistic expectations of the value of their property • Not pedestrian friendly • No shade trees • No public parking areas and little on-street parking • Lack of wayfinding signage • No design theme to create an identity • Limited space on Ocean Avenue to locate retail and restaurant uses Planning Considerations Several factors were considered in determining the land use designations for the Downtown District. First, the downtown will be the future site of the station for the planned Tri-Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a ½ mile radius around the station’s location. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is that the Downtown District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of I-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The existence of both of these transportation- oriented designations is a factor in considering where increased height and density will occur within the CRA district. The Downtown District’s location in the center of both the DTODD and the TCEA supports the highest density and height within this district. Figure 41: Example of District Planning Challenges 984 84D.District Plans985 85 Vision Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. Recommendations: Streetscape Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8’ wide clear sidewalk • Minimum 8’ wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco-trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. 986 86D.District PlansRecommendations: Land Use To attract new residents and businesses, the area must present a unified vision for the future. Therefore, it is recommended that the changes to the Future Land Use map be made using the new future land use/ zoning structure as shown: Table 5: Recommended Future Land Use (FLU) Classifications within the Downtown District Figure 42: Cultural District Example Projects * *Properties located within the TOD may recieve a 25% density bonus 987 87 HDR GC I REC MU-M MU-H N Ocean Ave Boynton Beach Blvd.SE 4th StSE 12th Ave SE 8th Ave SE 6th Ave Federal HwyNE 6th Ave FEC RailroadFigure 43: Recommended Land Use for the Downtown District 988 88D.District PlansRecommendations: Urban Design In order to promote an active and walkable built environment in the Downtown District, the following recommendations apply: • Active commercial uses shall be required on the street frontage of Ocean Ave. Automobile oriented uses, such as gas stations, car washes, and drive-thrus, are prohibited. • The build-to line shall accommodate a ten foot sidewalk, mature shade trees (at install), street lights and street furniture • Buildings fronting Federal Highway, Boynton Beach Boulevard and S.E. 4th Street shall have a 60-90% window to wall ratio on the first floor. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone • Buildings fronting Boynton Beach Boulevard or Federal Highway shall have a minimum height of 30’ • Buildings fronting Boynton Beach Boulevard and/or Federal Highway shall be a maximum of 45’ in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10’ deep. • Parking shall be located to the rear or side of the property. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd or Federal Highway. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. • Where mixed use development is proposed adjacent residential areas, the residential areas shall be protected through the residential compatibility standards and the use of landscape buffers and/ or walls as appropriate. Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 44: SE 4th St. Example Mixed Use Medium Project A 989 89 Figure 45: SE 4th St. Design Diagram 990 90D.District PlansFigure 46: Example of Mixed Use High Project in the Downtown District B 991 91 Figure 47: Downtown District Master Plan B N A Federal Hwy.Boynton Beach Blvd 992 92D.District Plans993 994 995 Street #Property Address Structure or Lot?Legal Date Acquired Purchase Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. Demolition Costs THE PIERCE ASSEMBLAGE Parking Lot part of Church Purchase-115 N. Fed. Hwy.0.3578 Structure demo'd w/ SWA grant and temporary parking placed on lot 0.9376 511 Commercial Retail Blvd. - 7720 sq ft Lot 10 & W 7'8" of Lot 11, Blk 6, Town of Boynton 0.1545 515 Commercial Retail Blvd. - 4101 sq ft Lot 11 less W 7'8" Blk 6 Town of Boynton 0.1134 529 Commercial Retail Blvd. - 5644 sq ft Lot 12, Blk 6 Town of Boynton 0.1431 508 E. Boynton Beach Blvd. Bradley Miller Commercial Retail Bldg. - 1925 sq ft Lots 6 & 7, Block 1, Original Town of Boynton October-21 $915,000.00 0.2863 12471.228 $73.37 NE 1st Stree & Avenue 4th Street Parking Lot Lots 8 & 9 July-01 $90,000.00 0.2863 12471.228 $7.22 USPS PURCHASE 209 N. Seacrest Blvd. Commercial Rental Property (City Water Dept. & E2L offices for Town square project) Lots 23, 24, 25, 26 and 27 and S 7' of Lot 22, Block 4, Boynton Heights October-20 $1,400,000.00 0.2885 12567.06 $111.40 217 N. Seacrest Blvd.USPS Facility Lots 9, 10, 11 & 12, Block 4, Boynton Heights Addition to Town of Boynton Beach February-23 $1,600,000.00 0.9065 39487.14 $40.52 401 Commercial Retail Bldg. - 2062 sq ft Lot 6, Less S 17.6 Ft SR 804/Arden Park Addition 0.1091 407 Vacant Lot W 46.85 ft of Lot 5/Less S17.6 ft SR 804/Arden Park Addition 0.1284 411 Vacant Lot -Commercial Retail Bldg. - 3334 sq ft - Structure demo'd Lt 4 & E 3.15 ft of Lot 5/Less S 17.6 Ft SR 804/Arden Park 0.1457 Lot 177 NW 2nd Street Vacant Lot S 25' of Lot 177, Block A, Boynton Hills $35,000.00 0.0574 2500.344 $14.00 2500.344 $14.00 N/A 219 W. Boynton Beach Blvd.Vacant Lot Lot 112 and E 25' of Lot 113, Block A, Boynton Hills 0.1725 7514.1 225 W. Boynton Beach Blvd.Vacant Lot W 25' of Lot 113 and all of Lots 114, 115, Block A, Boynton Hills 0.3183 13865.148 212 NW 3rd Court Vacant Lot Lots 118 & 119, Block A, Boynton Hills 0.2924 12736.944 222 NW 3rd Court Vacant Lot Lots 116 & 117, Block A, Boynton Hills 0.2732 11900.592 $76.61 MATT GRACEY PROPERTIES - W. BOYNTON BEACH BLVD. ASSEMBLAGE $2,185,000.00 $47.48 46016.784 $47.48 N/AMarch-23 $35,828.75 $45,804.00 52054.2 $57.63 E. BOYNTON BEACH BLVD. ASSEMBLAGE (ABC RENTAL PROPERTIES) 16692.192 $54.94E. Boynton Beach Blvd. ABC Rentals February-21 $917,000.00 16692.192 $54.94 $85,720.00 BOYNTON BEACH CRA PROPERTY PURCHASES Last 5 yrs. Price Per Sq. Ft. E. Ocean Avenue Oyer December-21 $3,600,000.00 17903.16 $201.08 115 $53.17N Federal Highway Church Lots 1, 2, 3, 4, 5, 6 and 7 Block 6, Original Town of Boynton May-18 $3,000,000.00 56427.624 99273.24 W. BOYNTON BEACH BLVD. ASSEMBLAGE (BOCA REGIONAL HOSPITAL) 996 433 W. Boynton Beach Blvd.Vacant Lot Lots 83-86 Ridgewood Hills June-23 $1,200,000.00 0.5672 24707.232 $48.57 24707.232 $48.57 N/A Street #Property Address Structure or Lot?Legal Date Acquired Asking Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. Demolition Costs 417, 445, 511, 520, 521, 522 N. Federal Highway Structures/Businesses $6,247,500.00 1.24 54014.4 $115.66 417, 445, 511, 520, 521, 522 N. Federal Highway Structures/Businesses Appraised Value 6/19/23 $5,100,000.00 1.24 54014.4 $94.42 Street #Property Address Structure or Lot/Appraisal Legal Notes Asking Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. 1111 S Federal Highway Lot Lots 12, 13 Parker Estates listing price $895,000.$850,000.00 0.35 15246 $55.75 703 S Federal Highway Lot asking price is appraised value $1,568,000.00 0.6392 27843.552 $56.31 Street #Property Address Structure or Lot/Appraisal Legal Date Acquired Sale Price Lot Size Acres Square Feet Price per Sq. Ft. 507-513 NE 2nd Street - Hen Duplexes 507 & 513 NE 2nd Street 3 Structures - Duplexes Appraisal Price $1,055,000.00 Lots 58, 60, 62, 64, 66, 68, 70, 72, C.W. Copp's Add N/A $3,000,000.00 0.6073 26453.988 $113.40 112-216 NE 1st Avenue & NE 1st Street - Fitzpatrick Apartments 112-216 NE 1st & 1st 6 Structures - Apartments Appraisal Price $1,809,000.00 Green Acres Condominium N/A $3,000,000.00 0.6497 28300.932 $106.00 PREVIOUS PROPERTY OFFERINGS TO BOYNTON BEACH CRA BOYNTON BEACH, LLC November 2023 CURRENT LISTINGS ON FEDERAL HIGHWAY SUBJECT PROPERTIES FOR BOYNTON BEACH CRA PURCHASE Hall Properties 997 A P P R A I S A L R E P O R T VACANT LAND 1111 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation, Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 December 31, 2023 998 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4th Street, Plantation, FL 33317-2204 954/583-2116 vanceval@att.net December 31, 2023 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue Boynton Beach, FL 33435 RE: Vacant Land, 0.355 acres, 1111 South Federal Highway, Boynton Beach, FL 33435 (Legal description is in the report.) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of December 31, 2023. The report sets forth our value conclusion, along with data and reasoning supporting our value opinion. This report was prepared for and our professional fee billed to the client and intended user, Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2020-2023). This report is for exclusive use of the client and intended user for possible acquisition of the appraised property. Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. EIGHT HUNDRED NINETY-ONE THOUSAND DOLLARS $891,000 (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WITH SEVENTY-TWO (72) NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 999 TABLE OF CONTENTS Page Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 Photographs of the Subject Property 5 1-3-5 Mile Location Map 10 1-3-5 Mile Demographic Statistics 11 Summary of Important Facts and Conclusions 13 DESCRIPTIONS, ANALYSES, & CONCLUSIONS 14 Identity of Client and Intended User 15 Intended Use 15 Identification of Real Estate Appraised 15 Ownership 15 Property Address 15 Legal Description 15 Real Estate Tax Analysis 16 Market Area Description 17 Land Use & Zoning 23 Site Description 23 Real Property Interest Appraised 25 Appraisal Purpose and Definition of Market Value 25 Effective Dates of the Appraisal and Report 26 Scope of the Work 26 Summary of Information Considered 27 Property History 28 Highest and Best Use 28 SALES COMPARISON APPROACH 31 Land Sales location map 32 Land Sales documentation 33 Land Sales Comparison & Adjustment Chart 47 Valuation by the Sales Comparison Approach 48 FINAL VALUE OPINION 52 Certification and Limiting Conditions 53 ADDENDA 55 Acquiring deed 56 Zoning map 58 Boynton Beach CRA district map & recommended use map 59 “C-3” zoning information 60 “MU” zoning information 62 USPAP Standards Rule 2-2a 64 Qualifications of the Appraisers 68 1000 INTRODUCTION 4 1001 LOOKING NW AT APPRAISED LAND FROM SOUTH FEDERAL HIGHWAY LOOKING WEST AT APPRAISED LAND FROM SOUTH FEDERAL HIGHWAY 5 1002 LOOKING NORTH ALONG SOUTH FEDERAL HIGHWAY LOOKING SOUTH ALONG SOUTH FEDERAL HIGHWAY 6 1003 LOOKING EAST AT APPRAISED LAND FROM SE 4TH STREET LOOKING NORTH ALONG SE 4TH STREET 7 1004 LOOKING NE AT APPPRAISED LAND FROM SE 4TH STREET NOTE: GUIDE WIRE ON WEST SIDE OF APPRAISED LAND 8 1005 AERIAL VIEW OF THE APPRAISED PROPERTY 1111 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 9 1006 1-3-5 MILE RADII FROM THE VALUED REAL PROPERTY 1111 S. FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 10 1007 Executive Summary 1111 S Federal Hwy, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii Latitude: 26.51820 Longitude: -80.05871 1 mile 3 miles 5 miles Population 2010 Population 12,811 64,353 166,843 2020 Population 15,027 74,998 186,882 2023 Population 15,523 77,520 190,039 2028 Population 17,184 79,337 191,757 2010-2020 Annual Rate 1.61%1.54%1.14% 2020-2023 Annual Rate 1.00%1.02%0.52% 2023-2028 Annual Rate 2.05%0.46%0.18% 2020 Male Population 47.8%47.7%47.6% 2020 Female Population 52.2%52.3%52.4% 2020 Median Age 51.2 45.1 47.1 2023 Male Population 48.2%48.1%47.7% 2023 Female Population 51.8%51.9%52.3% 2023 Median Age 52.8 46.3 48.4 In the identified area, the current year population is 190,039. In 2020, the Census count in the area was 186,882. The rate of change since 2020 was 0.52% annually. The five-year projection for the population in the area is 191,757 representing a change of 0.18% annually from 2023 to 2028. Currently, the population is 47.7% male and 52.3% female. Median Age The median age in this area is 48.4, compared to U.S. median age of 39.1. Race and Ethnicity 2023 White Alone 59.9%53.3%54.9% 2023 Black Alone 25.2%29.5%26.5% 2023 American Indian/Alaska Native Alone 0.2%0.3%0.4% 2023 Asian Alone 1.3%1.9%2.4% 2023 Pacific Islander Alone 0.0%0.0%0.0% 2023 Other Race 4.6%5.0%5.5% 2023 Two or More Races 8.8%9.9%10.3% 2023 Hispanic Origin (Any Race)13.8%15.4%16.7% Persons of Hispanic origin represent 16.7% of the population in the identified area compared to 19.4% of the U.S. population. Persons of Hispanic Origin may be of any race. The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 72.1 in the identified area, compared to 72.1 for the U.S. as a whole. Households 2023 Wealth Index 100 90 103 2010 Households 6,114 27,754 72,387 2020 Households 7,114 32,527 80,737 2023 Households 7,428 33,960 82,853 2028 Households 8,296 35,073 84,367 2010-2020 Annual Rate 1.53%1.60%1.10% 2020-2023 Annual Rate 1.34%1.34%0.80% 2023-2028 Annual Rate 2.23%0.65%0.36% 2023 Average Household Size 2.03 2.24 2.26 The household count in this area has changed from 80,737 in 2020 to 82,853 in the current year, a change of 0.80% annually. The five-year projection of households is 84,367, a change of 0.36% annually from the current year total. Average household size is currently 2.26, compared to 2.28 in the year 2020. The number of families in the current year is 46,792 in the specified area. Data Note: Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. The Gini index measures the extent to which the distribution of income or consumption among individuals or households within an economy deviates from a perfectly equal distribution. A Gini index of 0 represents perfect equality, while an index of 100 implies perfect inequality. Source: U.S. Census Bureau. Esri forecasts for 2023 and 2028. Esri converted Census 2010 into 2020 geography and Census 2020 data. December 14, 2023 ©2023 Esri Page 1 of 2 11 1008 Executive Summary 1111 S Federal Hwy, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii Latitude: 26.51820 Longitude: -80.05871 1 mile 3 miles 5 miles Mortgage Income 2023 Percent of Income for Mortgage 29.5%31.4%31.5% Median Household Income 2023 Median Household Income $61,432 $64,150 $67,111 2028 Median Household Income $71,962 $75,671 $79,302 2023-2028 Annual Rate 3.21%3.36%3.39% Average Household Income 2023 Average Household Income $99,829 $96,459 $101,572 2028 Average Household Income $118,527 $112,995 $119,047 2023-2028 Annual Rate 3.49%3.22%3.23% Per Capita Income 2023 Per Capita Income $46,471 $42,585 $44,336 2028 Per Capita Income $55,704 $50,311 $52,431 2023-2028 Annual Rate 3.69%3.39%3.41% GINI Index 2023 Gini Index 43.8 42.1 41.7 Households by Income Current median household income is $67,111 in the area, compared to $72,603 for all U.S. households. Median household income is projected to be $79,302 in five years, compared to $82,410 for all U.S. households Current average household income is $101,572 in this area, compared to $107,008 for all U.S. households. Average household income is projected to be $119,047 in five years, compared to $122,048 for all U.S. households Current per capita income is $44,336 in the area, compared to the U.S. per capita income of $41,310. The per capita income is projected to be $52,431 in five years, compared to $47,525 for all U.S. households Housing 2023 Housing Affordability Index 82 78 77 2010 Total Housing Units 9,273 36,083 89,938 2010 Owner Occupied Housing Units 3,917 17,843 51,004 2010 Renter Occupied Housing Units 2,196 9,905 21,381 2010 Vacant Housing Units 3,159 8,329 17,551 2020 Total Housing Units 9,811 39,376 96,341 2020 Owner Occupied Housing Units 4,204 18,831 52,586 2020 Renter Occupied Housing Units 2,910 13,696 28,151 2020 Vacant Housing Units 2,525 6,936 15,628 2023 Total Housing Units 10,080 40,641 98,194 2023 Owner Occupied Housing Units 4,463 19,180 53,911 2023 Renter Occupied Housing Units 2,965 14,780 28,942 2023 Vacant Housing Units 2,652 6,681 15,341 2028 Total Housing Units 10,687 41,530 99,541 2028 Owner Occupied Housing Units 4,609 19,667 54,794 2028 Renter Occupied Housing Units 3,687 15,406 29,572 2028 Vacant Housing Units 2,391 6,457 15,174 Socioeconomic Status Index 2023 Socioeconomic Status Index 47.5 45.1 47.3 Currently, 54.9% of the 98,194 housing units in the area are owner occupied; 29.5%, renter occupied; and 15.6% are vacant. Currently, in the U.S., 58.5% of the housing units in the area are owner occupied; 31.7% are renter occupied; and 9.8% are vacant. In 2020, there were 96,341 housing units in the area and 16.2% vacant housing units. The annual rate of change in housing units since 2020 is 0.59%. Median home value in the area is $351,565, compared to a median home value of $308,943 for the U.S. In five years, median value is projected to change by 1.41% annually to $376,987. Data Note: Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. The Gini index measures the extent to which the distribution of income or consumption among individuals or households within an economy deviates from a perfectly equal distribution. A Gini index of 0 represents perfect equality, while an index of 100 implies perfect inequality. Source: U.S. Census Bureau. Esri forecasts for 2023 and 2028. Esri converted Census 2010 into 2020 geography and Census 2020 data. December 14, 2023 ©2023 Esri Page 2 of 2 12 1009 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant lot 1111 South Federal Highway Boynton Beach, FL 33435 OWNERSHIP: 1111 S Federal Hwy Development LLC 1739 Cheshire Bridge Road NE Atlanta, GA 30324 4921 LAND AREA: Approximately 15,459 square feet or 0.355 of an acre. Size is from public records. No sketch of survey is available for review. BUILDING IMPROVEMENTS: No structural improvements on the lot ZONING: “C-3”, Community Commercial in the city of Boynton Beach LAND USE: “LRC”, Local Retail Commercial CRA DISTRICT: Downtown District APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant HIGHEST AND BEST USE: As vacant: For a stand-alone, small retail or office building or for future assemblage with adjacent property for a larger mixed use project of office, retail and residential uses VALUE BY THE SALES COMPARISON APPROACH: 15,459 square feet x $57.65 per square foot (rounded to) = $891,000 EIGHT HUNDRED NINETY-ONE THOUSAND DOLLARS VALUATION DATE: December 31, 2023 Exposure Time: 12 months prior to selling at the appraised value. Marketing Time: 12 months immediately following the effective date of appraisal during which time the subject property should sell at the appraised value. 13 1010 DESCRIPTIONS, ANALYSES, CONCLUSIONS 14 1011 APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2020 - 2023) 2-2(a)(i) State the identity of the client; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the identity of any other intended users by name or type; None 2-2(a)(iii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. 2-2(a)(iv) Contain information, documentation, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: 1111 S Federal Hwy Development LLC 1739 Cheshire Bridge Road NE Atlanta, GA 30324-4921 Property Address: 1111 South Federal Highway Boynton Beach, FL 33435 Legal Description: Lots 12 and 13, PARKER ESTATES, Plat Book 10, page 37, Palm Beach County, FL, less the east 15 feet for road. Complete legal description on the acquiring deed in the Addenda. Census Tract No. 61 15 1012 APPRAISAL REPORT (continued) Real Estate Tax: Parcel Control Number: 08 43 45 28 24 000 0120 Land Value: $494,752 Improvement Value: -0- Total Value: $494,752 Assessed Value: $494,752 Exemption Amount: - 0 - Taxable Value: $494,752 Ad Valorem Tax: $ 10,020 Non Ad Valorem Tax: $ - 0 - Total Tax: $ 10,020 Real estate tax for 2023 is not paid. There are no outstanding taxes for previous years. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. In Florida, the taxable (assessed) value for non- homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. The 10% per year increase cap accounts for the difference between the Total Value of the appraised property and the Assessed Value. The ownership of the appraised land changed in 2022, triggering a new property value by the county property appraiser. The taxable value increased along with the ad valorem tax. 16 1013 APPRAISAL REPORT Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern -central Palm Beach County. Population of the city is about 79,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Those few which were constructed in the early 1920s that are still in use have had repairs and replacements over the decades changing their historical significance. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. There are depots in downtown Miami, downtown Fort Lauderdale and downtown West Palm Beach. Boca Raton, Aventura, Port of Miami are added to the list. Rail service to Orlando is operating. In the future, there may be commuter rail service along the FEC tracks with a station in downtown Boynton Beach; however, no plans have been announced. 17 1014 APPRAISAL REPORT (continued) The subject market area includes the Boynton Beach CRA districts of the Boynton Beach Boulevard corridor and the Downtown CRA District to the east which has the following general boundaries of Florida East Coast (FEC) Railroad on the west, Federal Highway and the Intracoastal Waterway on the east, Northeast 7st Avenue to the north and Southeast 12 Avenue on the south. The market area fans out to the Federal Highway North and South CRA Districts, flanking the Downtown District. The geographic area is relatively small, with one district blending into the next. Boynton Beach Boulevard corridor (east/ west) and Federal Highway (north/south) are the most heavily traveled arteries in the city. Federal Highway is the main north-south artery through the Downtown District. It is also known as US Highway 1 and is the main north -south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Heavily trafficked Federal Highway is a catalyst to redevelopment of the market area, with over 2,300 residential dwelling units in five projects either built or planned. Road beautification projects enhanced the aesthetics of the market area. Most individual properties have shallow depths, inhibiting redevelopment of small parcels on their own. Hence, assemblages of adjacent properties and rezoning to mixed use are revitalizing the subject market area. Land Sales 2 and 5 are examples of such assemblages. Primary east-west artery is Boynton Beach Boulevard, with Ocean Avenue to the south as a secondary thoroughfare. Boynton Beach Boulevard is the principal east-west artery in city, having interchanges with Interstate 95 and Florida’s Turnpike. Boynton Beach Boulevard commences in the east at US Highway 1, just to the east of the FEC Railroad. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. Ocean Avenue, in the Cultural District of the CRA, is an upgraded streetscape of wide sidewalks covered with pavers, lighting, kinetic sculptures, and bollards. Ocean Avenue continues east of the Cultural District with a drawbridge over the Intracoastal Waterway, reaching Ocean Boulevard and the Atlantic Ocean. Ocean Avenue extends west through Boynton Beach, with an interruption at Interstate 95. 18 1015 APPRAISAL REPORT (continued) To the northwest of the Downtown District and the Federal Highway North District is the Heart of Boynton District where the CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of mixed use projects. The subject market area is eas ily accessible by main roads and Interstate 95. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2023 in the one-mile radius is $61,432, for three miles it is $64,150, and $67,111 for the five mile circle. Median household income for Palm Beach County is $68,900. In the one-mile circle, population is 15,523. In three miles, population increases to 77,520; at five miles, it is 190,039. However, about 40% of the three and five mile circles are over the Atlantic Ocean and waterways. Annual growth rate in the one-mile circle for the next five years is anticipated to be high at 2.05%, with new multi-family residential complexes being constructed in central Boynton Beach. Annual growth rates in the three and five mile circles are slower at 0.46% and 0.18%. 55% of the housing units are owner occupied, with 30% rented. This percentage of renters is high for Palm Beach County because there are numerous multi-family dwellings in this vicinity. Vacancy is reported to be 15%; however, this amount is elevated due to the undercount of the other two categories as some residents are seasonal and not counted. Median home value in the five-mile area is $351,565 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $308,943 in the United States. Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. Then, the economic collapse came in fall of 2008 along with th e crash in real estate prices. In 2009, there were very few sales of any type of real estate. By 2010, it appeared that the worst was over. Cash buyers started making purchases. From 2013 to 2020, sales activity and prices recuperated. In 2021, prices took a grand upswing due in part to scarcity of developable land, especially in the eastern part of the county, and part to rising prices in general. 19 1016 APPRAISAL REPORT (continued) The life cycle stage of the market area is revitalization, a period of renewal, modernization, and increasing demand. The catalyst of the revitalization was 500 Ocean fronting Federal Highway, consisting of 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Several other mixed-use projects are planned along Federal Highway such as Ocean One at 114 N Federal Highway which was finally approved for 371 apartments, 25,588 square feet of retail, and 450 parking spaces. Davis Camalier sold the site to Hyperion Group for $78.98 per square foot in December, 2021. Another Federal Highway project is comprised of thirteen parcels beginning at the northeast corner of North Federal Highway and SE 2 Avenue, then extending east. All of the existing improvements were demolished and removed to make way for Broadstone at Boynton Beach, a mixed use project with 274 dwelling unit and 13,110 square feet of retail space. Land unit sale price equates to $83.18 per square foot in May, 2022 for the initial transaction. With the project underway, there was a second sale to another developer. Land Sale 5 at 515 South Federal Highway will be another mixed use project. Its sale unit price was $52.70 per square foot in January, 2022. Details of the transaction are on the sale sheet in this report. The Villages at East Ocean Avenue, an assemblage of eighteen parcels over two decades, will be a mixed use project stretching from Boynton Beach Boulevard on the north to SE 1 Avenue on the south. The project was approved for 371 dwelling units, 15,757 square feet of commercial space, plaza, 644-space parking garage, et cetera. The buyer will update the design and proceed as approved. Land unit sale price was approximately $54.12 per square foot in May, 2022. Boynton Beach Community Redevelopment Agency (CRA) accepted the proposal from Affiliated Development from five submissions to build a mixed-use project at 115 North Federal Highway. The CRA had purchased the property when improved with a church and subsequently demolished it. The size of the land offered by the CRA was 2.28 acres, including parking lots and the recent purchase of 508 East Boynton Beach Boulevard. Land purchase by Affiliated Development has not been finalized. The proposed project will be called the Pierce, for the legendary Barefoot Mailman, Charlie Pierce. Project size will be 236 apartments, 16,800 square feet of restaurant, retail and office, and 600 space parking garage. 150 of the apartments would be for workforce housing units. 20 1017 APPRAISAL REPORT (continued) Boynton Beach CRA purchased the property at 511-529 East Ocean Avenue where Hurricane Alley Raw Bar & Restaurant is located. Purchase price was $3,600,000. This property consists of three buildings with a total size of approximately 17,201 square feet on a site of 17,903 square feet. It is in the block to the south of 115 North Federal Highway and will become part of the Pierce project. The convenience store at 101 North Federal Highway, adjacent to the west of 529 East Ocean Avenue, was purchased by a related entity to Affiliated Development, providing Federal Highway frontage for the two southern blocks that the Pierce will cover. Purchase price for this improved property was $2,000,000 or $184.10 per square foot of building including land. Town Square, a major redevelopment project to the west of Federal Highway, covers three blocks from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which were demolished and removed. For several years, the north and south sections of the project have sat vacant. The middle section was improved with a new City Hall, library, park, museum, amphitheatre and fire station. The former school was preserved. In April, 2023, the north and south sections were sold to Boynton Beach Town Center for a price of $44 million or approximately $126 per square foot of land. The master plan for the parcels include: o 900 residential rental units o 24,000 square feet of retail space o Parking garage for 2,000 vehicles, with 500 of these spaces for city use In addition to the transfer of the ownership of the land, other agreements and considerations were made such as a 100 year parking lease agreement with the City. The Town Square project is the catalyst for other pending mixed-use projects to move forward. Boynton Beach Community Redevelopment Agency (BB CRA) activity in the Boynton Beach Boulevard District includes the purchase of 209 N Seacrest Boulevard which is a two-story commercial building that was leased to the city and used for the Boynton Beach Utility Customer Service facility and the Police substation. The purchase price was $1,400,000, closed in October, 2020. 21 1018 APPRAISAL REPORT (continued) The adjacent property to the north at 217 N Seacrest Boulevard is leased to the United States Postal Service, with a one-story building and large parking lot for postal vehicles. The north side of the property fronts Boynton Beach Boulevard. BB CRA purchased the property for $1,600,000 or $40.52 per square foot of land in February, 2023. Purchases of these two properties are examples of the BB CRA pursuing assemblages to amass land which can be redeveloped into larger mixed use facilities as planned for the Boynton Beach Boulevard corridor. BB CRA acquired property at 401-411 East Boynton Beach Boulevard in February, 2021 for $917,000 or $54.94 per square foot of land including buildings. Subsequent to the purchase, BB CRA had the improvements demolished and removed. Plans are to construct a small retail center including a space for the United States Postal Service to move due to the sale of the building it occupied at 217 N Seacrest Boulevard. The search continues for a developer for the project. Land Sales 2 and 3 are negotiated purchases by the BB CRA. Both properties are vacant sites fronting the north side of West Boynton Beach Boulevard. The seller of Sale 2 assembled four parcels to form a site of 46,017 square feet. Purchase price equates to $47.48 per square foot; closed in March, 2023. Sale 3 is a vacant tract containing 24,707 square feet. Sale unit price was $48.57 in June, 2023. These sales are made by choice of the property owners; they are not under the threat of condemnation. Conclusion The town’s redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Boynton Beach Community Redevelopment Agency is instrumental in the renaissance of the city. The transformation of the area is in progress. Development of real estate takes time and the right market conditions which have been positive. Progress and completion of projects convey confidence that revitalization will continue to occur. Price trend for real estate in the subject market area will rise as the demand for new commercial space and mixed-use projects progresses. 22 1019 APPRAISAL REPORT (continued) Current Land Use: Local Retail Commercial (LRC) BB CRA Land Use: Proposed: Mixed Use, medium intensity, 50 dwelling units per acre with a possible 20% bonus for being in the Transit Oriented Development District, maximum height 150 feet. Mixed Use, medium intensity, requires one acre of land and 150 feet of frontage. CRA District: Downtown District Zoning: “C -3”, Community Commercial District in the city of Boynton Beach. The intent of this district is to implement the local retail commercial future land use map classification of the Comprehensive Plan. Uses allowed in the district are intended to provide a wide range of goods and services located along major thoroughfares. The C-3 district allows 11 dwelling units per acre, adhering to the R-3 regulations. Minimum lot area is 15,000 square feet. Minimum lot frontage is 75 feet. Copy of the zoning code is in the Addenda. The size of the appraised land is 15,459 square feet and a minimum width of 120 feet, meeting the minimum standard in the C-3 District. Platting: The appraised land is platted. Site Description: The shape of the site is quadrangle. Approximate dimensions and size are from public records. North boundary SE 10th Avenue: 140 feet East boundary on S Federal Highway: 127 feet South boundary adjacent property: 109 feet West boundary on SE 4 Street: 120 feet Total: 15,459 square feet or 0.0355of an acre 23 1020 APPRAISAL REPORT (continued) Utilities: All utilities are available to the site. Access: The site is accessible via South Federal Highway, a north-south principal arterial with streetlights, sidewalks, storm drains and a raised, landscaped median. Federal Highway consists of two northbound lanes and two southbound lanes. SE 10 Avenue is a two-laned local road. SE 4 Street is a secondary north-south road with divided lanes, street parallel parking, sidewalks and streetlights. Easements: A photo of the land in the beginning of the report shows a guide wire anchored in the ground connected to the electrical poles. Typically, the owner of privately held land grants an easement to Florida Power and Light to permit the guide wire to be placed on the land. If such an easement was granted, it would most probably have been years ago. A review of the readily available recorded document on the property did not include a granting of an easement. A title search should reveal such an easement, prepared if the BB CRA chooses to purchase the site. An easement may reduce the size usable size of the site. Encroachments: There is no sketch of survey to review to note if there are encroachments. Improvement Description: There are no structural improvements on the site. Environmental Assessment: No assessment was available for review. 24 1021 APPRAISAL REPORT 2-2(a) (v) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 2-2(a)(vi) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of December 31, 2023. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories as follows. 1. the relationship, knowledge, and motivation of the parties (i.e., seller and buyer); 2. the terms of sale (e.g., cash, cash equivalent, or other terms); and 3. the conditions of sale (e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions as follows. 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 25 1022 APPRAISAL REPORT * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated December, 2010. Florida Court Definition: “Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts.” [Source: Fla. Power & Light Co., v. Jennings, 518 So.2d 895 (Fla. 1987)] 2-2(a)(vii) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: December 31, 2023 B) Date of the Report: December 31, 2023 2-2(a)(viii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraisers visited the property. An investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including multiple listing service, Palm Beach County Property Appraiser’s records, the public records, and data from the appraisers’ plant. 2-2(a)(ix) Summarize the extent of any significant real property appraisal assistance; The two signatory appraisers are the only people involved in the appraisal process. 26 1023 APPRAISAL REPORT 2-2(a)(x)(1) Summarize the appraisal methods and techniques employed; (2) State the reasons for excluding any of the valuation approaches; (3) Summarize the results of analyzing the subject sales, options and listings; (4) State the value opinion and conclusion (5) Summarize the information analyzed and the reasoning that supports the analyses, opinions, and conclusions For Sales Comparison Approach, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. The information analyzed and the appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. Cost Approach is not used because no permanent structures were considered in the valuation. The Income Approach is not employed in this appraisal because most sites like the subject are purchased and not leased. Exclusion of these approaches to value still produces a creditable report. The value opinion and conclusion is stated at the end of the Sales Comparison Approach – Land Valuation. SR 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; The land under appraisement is listed for sale for $895,000 or $57.90 per square foot. The date of the listing was September 25, 2023. 27 1024 APPRAISAL REPORT b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. The current owner purchased the property on December 12, 2022 for $625,000 or $40.43 per square foot. A copy of the deed is in the Addenda. Based on a review of comparable land sales close to that date, the sale unit price is low. 2-2(a)(x i) State the use of the real estate existing as of the effective date and use of the real estate reflected in the appraisal; The use of the real estate on the date of valuation is vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. APPRAISAL REPORT 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant The land appraised is a platted parcel containing 15,459 square feet. It is located at a double, minor corner of South Federal Highway and SE 10th Avenue, and SE 10th Avenue and SE 4th Street. The parcel is level and filled to street grade. All utilities are available to the site. No soil or subsoil tests were available for review to ascertain if the appraised land is capable of supporting buildings. However, surrounding properties have been improved with one or two-story building for over 100 years. Physical constraint to develop the site is its size which governs the size and number of the potential improvements that can be placed on it. 28 1025 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting and deed restriction, none of which came to light during the property investigation. Land use designation is Local Retail Commercial. Zoning is “C-3”, Community Commercial District. Minimum lot size is 15,000 square feet; minimum lot frontage is 75 feet. The appraised site meets these standards and could be put to one of the permitted uses in the “C-3” district. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. As mentioned, assemblages of smaller parcels into larger sites for mixed use development are taking place in the subject market area and in other CRA districts. Once a large site is assembled, the development process can commence with possible zoning and/or land use change to permit a mixed use project such as 500 Ocean. For mixed use, medium intensity, one acre of land is required. The only possibility of assemblage is with the property to the south that is currently improved with a gas sales station. Size of the adjacent property is 0.4718 of an acre. Together, the two properties are 0.83 of an acre, less than the required one acre for mixed use. Hence, an assemblage of the subject with another property for a larger use may be far into the future. Currently, the appraised site is of sufficient size to be improved with a use permitted in the “C-3” district. It has a corner location with 127 feet of frontage on Federal Highway, the main north-south route in the city; depth is 140 feet. Financially feasible use of the land concerned is to improve it with a retail facility to cater to the everyday needs of the existing residents and those who will live and work in the projects being constructed in the market area. The most probable buyer is a local developer who wants to be a part of the revitalization. Time for development is now with little competition from similar, smaller new properties. 29 1026 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Maximally Productive as Vacant In summary, the Highest and Best Use of the land in question is to be developed with a small multi-bay retail center which use is physically possible, probably legally permissible, financially feasible and maximally productive. Future highest and best use, if assemblage with adjacent properties could be accomplished to form a one-acre site, is development of a medium intensity mixed use project with residential units on the upper floors and commercial use on the ground level. 2-2(a) (xiii) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a) (xiv) Include a signed certification in accordance with Standards Rule 2-1 See signed certification in report. 30 1027 SALES COMPARISON APPROACH LAND VALUATION 31 1028 32 1029 33 1030 LAND SALE 1 1320 S. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 34 1031 LAND SALES SALE NO. 2 LEGAL DESCRIPTION Le ngthy description, see deed RECORDED OR Book 34211, page 344 Palm Beach County, FL GRANTOR MG Delray Holdings LLC, et al GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE March 29, 2023 LOCATION 219 & 225 W Boynton Beach Boulevard 212 & 222 NW 3 Court Boynton Beach, FL ZONING “C-2”, Commercial “R-1-A”, single family residential LAND USE “LRC ”, Local Retail Commercial SALE PRICE $2,185,000 LAND SIZE 46,017 square feet or 1.06 acres UNIT OF COMPARISON $47.48 per square foot of land PARCEL CONTROL NOS. 08 43 45 21 07 001 1180 08 43 45 21 07 001 1160 08 43 45 21 07 001 1120 08 43 45 21 07 001 1131 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Office of closing attorney Kenneth Dodge COMMENTS Four parcels assembled by the grantor sold to the CRA in a negotiated transaction. 35 1032 36 1033 37 1034 LAND SALE 2 219 W. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 38 1035 LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lot 129, less the south 10 feet, RIDGEWOOD HILLS, Plat Book 23, page 250 and Lots 83 & 84, less the south 10 feet, RIDGEWOOD, Plat Book 13, page 7, Palm Beach County, FL RECORDED OR Book 34373, page 722 Palm Beach County, FL GRANTOR Boynton East LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE June 12, 2023 LOCATION 433 W Boynton Beach Boulevard Boynton Beach, FL ZONING “C-2”, Commercial LAND USE “LRC ”, Local Retail Commercial SALE PRICE $1,200,000 LAND SIZE 24,707 square feet or 0.5672 of an acre UNIT OF COMPARISON $48.57 per square foot of land PARCEL CONTROL NOS. 08 43 45 21 15 000 0830 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Office of closing attorney Kenneth Dodge COMMENTS Vacant parcel sold to the CRA in a negotiated transaction. 39 1036 LAND SALE 3 433 W. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 40 1037 LAND SALES SALE NO. 4 Villages at East Ocean Avenue RECORDED seven deeds GRANTOR East Ocean Avenue LLC, et al GRANTEE BB North LLC and BB South LLC DATE OF SALE May 3, 2022 LOCATION Assemblage of parcels from Boynton Beach Blvd on the north to SE 1 Avenue on the south, and from FEC Railroad on the east to NE/ SE 3 Street on the west, Boynton Beach, FL ZONING “C-3”, Commercial, “MU-C”, Mixed Use Core “MU-2”, Mixed Use medium density LAND USE “MU-H”, Mixed Use-High, “MU-Medium” SALE PRICE $11,995,936 LAND SIZE 221,646 square feet or 5.1 acres UNITS OF COMPARISON $54.12 per square foot of land PARCEL CONTROL NOS. 08 43 45 28 03 002 0070 08 43 45 28 03 002 0080 08 43 45 28 03 005 0040 08 43 45 28 03 005 0071 08 43 45 28 03 005 0100 08 43 45 28 03 008 0030 08 43 45 28 03 008 0050 08 43 45 28 03 008 0060 08 43 45 28 03 008 0071 08 43 45 28 03 008 0072 08 43 45 28 03 008 0081 08 43 45 28 03 011 0040 08 43 45 28 03 002 0020 08 43 45 28 03 002 0110 (Continued) 41 1038 LAND SALES (Continued) 08 43 45 28 02 002 0030 08 43 45 28 03 002 0050 08 43 45 28 03 005 0020 08 43 45 28 03 005 0080 CONDITIONS OF SALE Financing provided by Synovus Bank in the amount of $6,737,500. Arm’s length transaction. CONFIRMED Office of grantor Arthur D’Almeida, P. A. COMMENTS Grantor assembled the 18 parcels over two decades. Site plan approval took two years from 2015-2017, then the grantor did not move ahead on the project. In 2017, city of Boynton Beach approved a mixed use project called the Villages at East Ocean Avenue with 371 apartments and 15,757 square feet of commercial space. Grantee plans to make minor changes to update the design. Density will be 73 units per acre. Old improvements will be demolished and removed, having no contributory value to the property. 42 1039 LAND SALE 4, PHOTO 1 VILLAGES AT EAST OCEAN AVENUE, BOYNTON BEACH, FLORIDA LAND SALE 4, PHOTO 2 VILLAGES AT EAST OCEAN AVENUE 2 OF 4 PHOTOS OF VILLAGES AT EAST OCEAN AVENUE 43 1040 LAND SALE 4, PHOTO 3 VILLAGES AT EAST OCEAN AVENUE LAND SALE 4, PHOTO 4 VILLAGES AT EAST OCEAN AVENUE PHOTOS 3 & 4 OF LAND SALE 3 44 1041 LAND SALES SALE NO. 5 LEGAL DESCRIPTION Le ngthy description on deeds in appraisers’ file RECORDED OR Book 33271, page 1173 Palm Beach County, FL OR Book 33279, page 1242 Palm Beach County, FL OR Book 33271, page 1248 Palm Beach County, FL GRANTOR Boynton Beach Group LLC Ocean Hudson LLC Exsorro One Inc. GRANTEE 515 South Federal LLC DATE OF SALE January 28, 2022 LOCATION 515 South Federal Highway + parcels to the north Boynton Beach, FL ZONING “C-3”, Commercial LAND USE “LRC ”, Lo cal Retail Commercial SALE PRICE $8,200,000 LAND SIZE 155,587 square feet or 3.57 acres UNIT OF COMPARISON $54.60 per square foot of land PARCEL CONTROL NOS. 08 43 45 28 07 001 0170 08 43 45 28 07 001 0130 08 43 45 28 07 001 0180 08 43 45 28 07 001 0190 08 43 45 28 07 001 0202 08 43 45 28 07 001 0201 08 43 45 28 07 001 0220 08 43 45 28 07 001 0101 08 43 45 28 07 001 0140 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Office of closing attorney Kenneth Kaleel COMMENTS Assemblage of nine parcels for future mixed use project. 45 1042 LAND SALE 5 515 South Federal Highway Boynton Beach, FL LAND SALE 5 515 South Federal Highway Boynton Beach, FL 46 1043 LAND SALE COMPARISON & ADJUSTMENT CHART Transactional Adjustments Property Adjustments LAND SALE PRICE SALE LAND SIZE LAND Condition Adjusted Price Market Conditions Adjusted Price Location Stage of Final Final Price per SALE PRICE/ SF DATE Sq.Ft. & Ac.ZONING of sale for Sale Conditions 5%/Year for Market Conditions Adjustment Development Adjusted Price Square Foot 1 1320 S. Federal Highway $1,600,000 4/20/2023 22,686 "MU"($160,000)$1,440,000 $48,240 $1,488,240 $0.00 ($148,824)$1,339,416 $59.04 Boynton Beach, FL $70.53 0.52 Mixed Use/Low Density Superior -10%Inferior + 3.35%Equal Superior - 10% 2 219 & 225 W.Boynton Beach Blvd.$2,185,000 3/29/2023 46,017 "C-2" Commercial $0 $2,185,000 $81,938 $2,266,938 $453,388 $0 $2,720,325 $59.12 212 & 222 NW 3 Court $47.48 1.06 "R-1-A" Single Family Res.Equal Inferior + 3.75%Inferior + 20%Equal Boynton Beach, FL 3 433 W. Boynton Beach Blvd.$1,200,000 6/12/2023 24,707 "C-2" Commercial $0 $1,200,000 $30,000 $1,230,000 $246,000 $0 $1,476,000 $59.74 Boynton Beach, FL $48.57 0.57 Equal Inferior + 2.50%Inferior + 20%Equal 4 B. Bch. Blvd,: On North, to SE 1st Ave $11,955,936.00 5/3/2022 221,646 "C-3", "MU-C", & "MU-2"$0 $11,955,936 $998,321 $12,954,257 $0.00 ($1,295,426)$11,658,831 $52.60 on South; & FEC On E, to NE 3 Street on $53.94 5.09 Commercial & Mixed Use Equal Inferior + 8.35%Equal Superior - 10% The West; Boynton Beach, Florida 5 515 S. Fed. Hwy. + parcels to N.$8,200,000 01/28/2022 155,587 "C-3"$0 $8,200,000 $787,200 $8,987,200 $0 $0 $8,987,200 $57.76 Boynton Beach, Florida $52.70 3.57 Commercial Equal Inferior + 9.60%Equal Equal SUBJECT VALUE VALUE per SQ.FT. 1111 S Federal Highway $891,000 12/31/2023 15,459 "C-3"--------------------------------------$57.65 Boynton Beach, FL 0.35 Commercial 47 1044 SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered the most reliable is the Sales Comparison Approach. In this method, sales of similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. The steps of Sales Comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with the most reliable sources, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis. 4) Compare and adjust the sales to the subject using significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a value opinion by this approach. Land size of the subject is 15,459 square feet; zoning is “C-3”, Community Commercial District in the city of Boynton Beach, FL. Highest and best use for the appraised property is to improve it with a small, multi-bay retail center. Future use, if possible is to assemble it with adjacent property for a larger mixed-use project. Fee simple interest of the market value of the land is developed in this Sales Comparison Approach. A search was made to find recent sales of properties in the immediate subject market area with the price attributable to the land; existing improvements have no contributory value toward the highest and best use of the properties. A property-by-property search was conducted along Boynton Beach Boulevard and US Highway 1. Of the sales reviewed, the five that are more similar to the subject are included in this appraisal. Details of the transactions are on the sale sheets and chart. The unit of comparison used by buyers and sellers of this type of property is the Sale Price per Square Foot of Land. The range of unit prices of the sales is from $47.48 to $70.53 per square foot, before adjustment. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate states that there are several basic elements of comparison that may be considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. Adjustments for transactional elements are made, then, attention is focused on the second group, property elements. This second group of property elements consists of location, physical characteristics and use. (Continued) 48 1045 SALES COMPARISON APPROACH (Continued) Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. The interest valued for the subject property is fee simple. The sales were all conveyances of fee simple interests without leases or easements which were significant enough to affect the price. No adjustment is necessary for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. Sales 1, 2, 3 and 5 were cash transactions. Since third party financing is readily available, Sales 4 took advantage of this condition and gave a mortgage to a financial institution. Loan to price ratio is 56%. Reportedly, there was no inducement to accept the financing. No adjustment is made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. Grantors and grantees of Sales 1, 4 and 5 were private parties. Grantors of Sales 2 and 3 sold the properties to Boynton Beach Community Redevelopment Agency (BB CRA) in negotiated transactions. There was no pending government action that would have compelled the grantors to sell. Grantors of Sales 2, 4 and 5 assembled multiple lots to form larger sites that would be attractive to buyers who want to quickly move ahead on projects and not take years to accumulate sufficient land for them. Conditions of sale for the transfers of Sales 2, 3, 4 and 5 were typical for a market in the life stage of revitalization, with no adjustments necessary. (Continued) 49 1046 SALES COMPARISON APPROACH (Continued) Reportedly, the grantee of Land Sale 1was involved in a 1031 Exchange and had to purchase the property in the time frame of the exchange. The unit price paid for the land exceeds the typical market price range. This condition of Sale of No. 1 makes its price superior to the other transactions. Hence, Sale 1 is adjusted downward 10% for this aspect of this element of comparison. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Three of the sales occurred in 2023, and two in 2022. Some properties have had a significant increase in price during the past few years. Such increases are characteristic of the market due in part to scarcity of properties for sale and lack of land for more building. The high percentage of increase may not be representative of the price trend going forward. For buyers wanting to finance transactions, the rise in interest rates is negatively affecting the prices they can pay. Volume of sales has dropped significantly in 2023 due to the increased interest rates and buyers’ unwillingness to pay higher prices. The inflation rate in 2021 was 4.7%; in 2022, it was 8.0%. The rate began in 2023 at 6.4%, moving down to 3.3%, currently. A decrease in the inflation rate will take time to move through the financial channels and become part of the matrix that affects real estate prices. Despite the dearth of 2023 sales and slowing inflation, the change in market conditions is still positive at a moderate 5% annually. Each of the sales is adjusted upward 5% annually for market conditions to the effective date of appraisal. The amounts of the adjustments are shown on the chart. Adjustments for transactional elements of comparison were considered; now, property elements of comparison are addressed. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, average daily traffic flow, etc. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. The appraised site and the sale properties are in the Boynton Beach Community Redevelopment Area (BB CRA) fronting the main roads in the market. Each of the properties borders either Boynton Beach Boulevard or Federal Highway, affording access and visibility to potential drive-by customers. (Continued) 50 1047 SALES COMPARISON APPROACH (Continued) Zoning district for the subject is “C-3”, Community Commercial, with a minimum size of 15,000 square feet. Sale 5 and part of 4 are also zoned “C-3.” Sales 2 and 3 are zoned “C-2,” Neighborhood Commercial, a less intense district than “C-3.” Zoning for Sale 1 and the other part of Sale 4 are already “MU” mixed use. The subject and the sales are platted. BB CRA recommended development potential for the appraised land and Land Sales 1, 4 and 5 is 50 dwelling units per acre. These sites line Federal Highway and East Boynton Beach Boulevard. For Sales 2 and 3, it is 20 dwelling units per acre, fronting West Boynton Beach Boulevard. Pairing the adjusted unit sale prices thus far of the two groups of sales, the difference is approximately 20% for location. Sales 2 and 3 on West Boynton Beach Boulevard are adjusted upward 20% for inferior location to the other sites on Federal Highway and East Boynton Beach Boulevard. The adjustment amount is shown on the chart. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, depth, topography, view, access, functional utility, degree of readiness for development, et cetera. There does not appear to be a direct relationship between land size and price per square foot. Each sale parcel meets the size standard in its current zoning district for independent development. Sales 1, 2 and 3, like the subject, are vacant parcels. Sales 4 and 5 have old improvements on them that will be demolished and removed to improve the sites to their highest and best uses. The stage of development for Sales 1 and 4 is superior to the subject and the other sales. Sale 1 was sold with a city approved plan for a project of a three-story office building. No. 4 was sold with a city approved plan for Villages of East Ocean Avenue with 371 apartments and 15,757 square feet of commercial space. The grantee plans to make minor changes to update it to meet current tastes. Reaching this point in the development process takes time and funds to accomplish. Sales 1 and 4 are each adjusted downward 10% for stage of development. The adjustment amounts are shown on the chart. Use For properties to be comparable, they should have similar uses. Highest and best use for the subject as a stand-alone property is for a small commercial project, as would be the cases for Sales 1, 2, 3 and 4. If these sites were assembled with adjacent properties, there is the possibility of future mixed use projects with retail and/or office on the ground floor and residential on the upper floors. Examples of assemblages for this use are Sale 4 and 5. The elements of comparison of use and location are closely aligned. An adjustment for the latter is already made, with no additional adjustment called for use. (Continued) 51 1048 SALES COMPARISON APPROACH (Continued) FINAL VALUE OPINION Following is a summary of the adjusted square foot unit sale prices for the five sales. Sale No. Adjusted Sale Price/ SF 1 $59.04 2 $59.12 3 $59.74 4 $52.60 5 $57.76 The range of adjusted unit prices is from $52.60 to $59.74 per square foot of land. With quantitative adjustments having already been made for differences which affect price, equal weight is placed on each of the adjusted unit prices. Considering the foregoing discussion, the unit value for the subject is $57.65 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for sites along the main roads of central city Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property, as of December 31, 2023 is: $57.65/sq.ft. of land x 15,459 square feet of land = $891,000 EIGHT HUNDRED NINETY-ONE THOUSAND DOLLARS 52 1049 CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475, Part II F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on December 18, 2023. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this certification. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the continuing education program for Designated Members of the Appraisal Institute. Continuing education programs are also completed for the American Society of Appraisers and the State of Florida. December 31, 2023 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 December 31, 2023 Claudia Vance, MAI Florida State-Certified General Real Estate Appraiser No. RZ-173 53 1050 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report, subject to the limiting conditions hereafter cited, are correct to the best of the writers' knowledge. 1. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters, nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple, unless excepted. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers’ names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land, improvements, etc., the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report - unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub-soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions, and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser No. RZ 85 December 31, 2023 Claudia Vance, MAI State-Certified General Real Estate Appraiser No. RZ 173 December 31, 2023 54 1051 ADDENDA 55 1052 56 1053 57 1054 APPRAISED LAND ZONING: C-3, COMMERCIAL LAND USE: LRC, LOCAL RETAIL COMMERCIAL 58 1055 Subject CRA Plan Recommended Land Use Subject CRA Districts 59 1056 C. C-3 Community Commercial District. 1. General. a. Purpose and Intent. The purpose of the C-3 zoning district is to implement the local retail commercial (LRC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located along major thoroughfares. The C-3 district allows a maximum density of eleven (11) dwelling units per acre; however, all residential developments must adhere to the R-3 district building and site regulation in accordance with Section 2.F. above. b. Prerequisite Location Standard. In reaching recommendations and decisions as to zoning land to C-3, the advisory board and City Commission shall apply the following location standards, in addition, to the standards applicable to the rezoning of land generally: (1) Centrally and accommodating multiple neighborhoods; and (2) Abutting to at least one (1) major thoroughfare. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-16). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-3 District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 20 feet1 Rear: 20 feet2 Abutting: Residential district(s) 30 feet Interior side: 0 feet1,3 Abutting: Residential district(s) 30 feet1 Corner side: 20 feet1 Abutting: Residential district(s) 30 feet1 Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.504 60 1057 Maximum structure height: 45 feet5 1 Reduced setbacks will be applied to property located within the Urban Commercial District Overlay Zone, Section 8.C. below. 2 Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half (1/2) the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 3 Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one (1) side. 4 A floor area ratio (FAR) up to 0.50 may be considered for local retail commercial uses allowed within the C-3 district (see "Use Matrix" – Chapter 3, Article IV, Section 3.D.), pursuant to the local retail commercial future land use classification of the Comprehensive Plan. 5 Not to exceed four (4) stories. 4. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.F. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. 61 1058 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-4 MU-H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)1 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre)14, 16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build-to-line (ft.)11 All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setback, Minimum (ft.)11 Rear abutting: Residential single-family 257/07, 8 257 257 257 257 Intracoastal waterway 257 257 257 257 257 Side abutting Residential single-family 257/07, 8 257 257 257 257 Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 1% 2% 1. May be reduced if frontage extends from right-of-way to right -of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 62 1059 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU-L or resid ential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right -of-way of at least forty (40) feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required “Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts if 16 ft. See Section 5.C.2. below for additional relief provisions from build-to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU-1 - eleven (11), MU-2 - twenty (20), MU-3 - thirty (30), MU-4 - thirty-five (35) and MU-H - forty (40) dwellings per acre (except that minimum density for the MU-H district applies to projects located within the entire station area). 15. Projects within the transit core shall have a minimum FAR as follows: MU-L3 - one and three-quarters (1.75), MU-4 (2.0) and MU-H - two (2.0) (except that minimum FAR for the MU-H district applies to projects to be located within the entire station area). 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 14-009, passed 7-1- 14; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 16-023, passed 1-3-17) 63 1060 SUMMARY OF 2020-2023 USPAP (Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form, format, or style of real property appraisal reports. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report m ust: (a) clearly and accurately set forth the appraisal in a manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS RULE 2-2 Each written real property appraisal report m ust be prepared under one of the following options and prominently state which option is used: Appraisal Report or Restricted Appraisal Report. An appraiser may use any other label in addition to, but not in place of, the labels set forth in this Standards Rule for the type of report produced. The use of additional labels such as analysis, consultation, evaluation, study, or valuation does not exempt an appraiser from adherence to USPAP. The report content and level of information requirements in this Standards Rule are minimal for each type of report. An appraiser must supplement a report form, when necessary, to insure that any intended user of the appraisal is not misled and that the report complies with the applicable content requirements. (a) The content of an appraisal report must be appropriate for the intended use or the appraisal and, at a minimum: (i) state the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client’s request but is retained in the appraiser’s workfile; (ii) state the identity of any other intended users by name or type; (iii) state the intended use of the appraisal; (iv) contain information, documents, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (v) state the real property interest appraised; (vi) state the type and definition of value and cite the source of the definition; (vii) state the effective date of the appraisal and the date of the report; (viii) summarize the scope of work used to develop the appraisal; (ix) summarize the extent of any significant real property appraisal assistance; 64 1061 SUMMARY OF 2020–2021 USPAP (Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting (x) provide sufficient information to indicate that the appraiser complied with the requirements of STANDARD 1 by: (1) summarizing the appraisal methods and techniques employed; (2) stating the reasons for excluding the sales comparison, cost, or income approach(es) if any have not been developed; (3) summarizing the results of analyzing the subject sales, options, and listings in accordance with Standards Rule 1-5; (4) stating the value opinion(s) and conclusions(s); and (5) summarizing the information analyzed and the reasoning that supports the analyses opinions, and conclusions, including reconciliation of the data and approaches; (xi) state the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal; (xii) when an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; (xiii) clearly and conspicuously: • state all extraordinary assumptions and hypothetical conditions, and • state that their use might have affected the assignment results, and (xiv) include a signed certification in accordance with Standards Rule 2-1. STANDARDS RULE 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. 65 1062 475.611 Florida Statutes: Definitions.- (1) As used in this part, the term: (a) “Appraisal” or “Appraisal Services” means the services provided by certified and licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assi gnment" denotes an engagement for which a person is employed or retained to act, or coul d be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, val ue, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assi gnment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and incl udes specialized marketi ng, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retai ned to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or "foundation" me ans the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communicati on, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opini on, or conclusion relating to the nature, quality, val ue, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysi s, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be wri tten. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financi al Institutions Exami nation Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who i s a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of 95.11(4)(a). (g) "Board" means the Fl orida Real Estate Appraisal Board established under thi s section. (h) “Certified General Appraiser” means a person who is certified by the department as qualified to issue appraisal reports for any type of real property (i) "Certified Residential Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four resi dential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulati on. (j) "Department" means the Department of Busi ness and Professi onal Regulati on. 66 1063 2020 FLORIDA STATUTES 475.628 Professional standards for appraisers registered, licensed, or certified under this part.— (1) The board shall adopt rules establishing standards of professional practice which meet or exceed nationally recognized standards of appraisal practice, including standards adopted by the Appraisal Standards Board of the Appraisal Foundation. Each appraiser registered, licensed, or certified under this part must comply with the rules. Statements on appraisal standards which may be issued for the purpose of clarification, interpretation, explanation, or elaboration through the Appraisal Foundation are binding on any appraiser registered, licensed, or certified under this part, upon adoption by rule of the board. (2) The board may adopt rules establishing standards of professional practice other than standards adopted by the Appraisal Standards Board of the Appraisal Foundation for nonfederally related transactions. The board shall require that when performing an appraisal or appraisal service for any purpose other than a federally related transaction, an appraiser must comply with the Ethics and Competency Rules of the standards adopted by the Appraisal Standards Board of the Appraisal Foundation, and other requirements as determined by rule of the board. An assignment completed using alternate standards does not satisfy the experience requirements under s. 475.617 unless the assignment complies with the standards adopted by the Appraisal Standards Board of the Appraisal Foundation. History.—ss. 9, 11, ch. 91-89; s. 4, ch. 91-429; s. 35, ch. 98-250; s. 22, ch. 2012-61; s. 9, ch. 2017-30. Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS Chapter 475 REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS View Entire Chapter 67 1064 Page 1 of 3 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser · Real Estate Analyst · Reviewer · Expert Witness Vance Real Estate Service · 7481 NW 4 Street · Plantation · Florida · 33317 Office: 954·583·2116; Cell: 954·610·2423; Email: vanceval@comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 45 years. Designated appraisers perform the appraisal work, no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers, we perform most other real property functions. We also do “Valuations for Financial Reporting.” PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ DEGREES/ LICENSES & CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS (RE-Urban) #003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER #RZ-85 (Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO. BK. 91050 REGISTERED VETERAN-OWNED SMALL BUSINESS (CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE (Minority Business Enterprise - MBE) FLORIDA “D.E.P.” APPROVED APPRAISER B) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1. U.S. Court of Appeals, Eleventh Circuit 2. U.S. District Court, Southern District of South Florida 3. U.S. District Court, New Jersey 4. U.S. Bankruptcy Court, Southern District of Florida 5. U.S. Bankruptcy Court, District of New Jersey 6. U.S. Bankruptcy Court, Western (Pittsburgh) Division of Pennsylvania 7. Florida Circuit Courts: Broward, Dade, Palm Beach, Lee, Collier, Martin, and Okeechobee Counties 8. Appraiser on landmark eminent domain cases: TESSLER, NESS TRAILER PARK, PATEL, SIMPSON v. FILLICHIO, RUBANO, PALM BEACH COUNTY (FL) vs. COVE CLUB INVESTORS, LTD. C) EXPERIENCE Over thirty-five (35) years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS & NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS, etc. 68 1065 Page 2 of 3 D) PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH, COLLIER, OKEECHOBEE; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U.S. TREASURY DEPARTMENT (General Counsel, I.R.S.); U.S. MARSHAL'S SERVICE – U.S. ATTORNEY’S OFFICE CENTRAL DIVISION – U.S. Dept. of Justice; VETERANS ADMINISTRATION E) EDUCATIONAL BACKGROUND - (Partial List) ACADEMIC: BACHELOR OF ARTS - Earlham College, Richmond, Indiana (1954) MBA (Nova University) - Real Estate Management & Development (National Dean's List 1991) Professional: Qualifying courses for the SRA and SREA designations from the Society of Real Estate Appraisers Qualifying courses for the MAI designation from the Appraisal Institute F) APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach (Certificate No. 275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars - Board of Realtors, ASA, SREA, and AI (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G) PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D. MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006- 2008) AWARD - Appraisal Institute “NATIONAL PRESIDENTS AWARD” 2008 AWARD - Appraisal Institute “LIFETIME ACHIEVEMENT AWARD” 2011 For “high ethical standards, contributions to the Appraisal Institute, Community and Appraisal Profession for at least 20 years.” CHAIR - REGION X - All of Florida - Appraisal Institute (2008) VICE-CHAIR - REGION X - All of Florida - Appraisal Institute (2007) THIRD DIRECTOR - REGION X - All of Florida - Appraisal Institute (2006) FINANCE OFFICER - REGION X – All of Florida – Appraisal Institute (2006) PRESIDENT - BROWARD COUNTY, SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY, AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA. STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF AI CHAIR - FLA. STATE LEGISLATION & REGULATION SUBCOMMITTEE OF AI G) PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE, FT. LAUDERDALE CHAPTER AI CHAIR - CANDIDATES GUIDANCE COMMITTEE, FT .LAUDERDALE CHAPTER AI CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF AI VICE CHAIR & MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF AI (15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF AI MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF AI DIRECTOR - REGION X (Florida ) Appraisal Institute MEMBER - REGION X (FLORIDA) ETHICS AND COUNSELING PANEL 69 1066 Page 3 of 3 DIRECTOR - BROWARD COUNTY, FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF AI SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT, Broward County, FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H) PROFESSIONAL PUBLICATIONS & PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div. of the Dept. of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in "The Legislation, Regulation and Appraisal of Real Property Rights in Florida September 7, 1996. Presentation on “Gramm-Leach -Bliley” Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24, 2001. Presented 3-hour Florida CEU-credit seminar on “Appraisers and the Gramm-Leach-Bliley Act” before the South Florida Chapter of the Appraisal Institute on July 27, 2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain, “Valuation and Damage Issues” February 2, 2006, Fort Lauderdale, Florida I) CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL / PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP ("BYBLOS") MEMBER CIRCLE OF FRIENDS – NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE / BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF’S ASSOCIATION MEMBER NATIONAL & FT. LAUDERDALE COUNCILS U.S. NAVY LEAGUE U.S. ARMY VETERAN WWII (RA 17212681) - HONORABLE DISCHARGE 1949 70 1067 Claudia Vance, MAI Appraiser · Real Estate Analyst · Reviewer Vance Real Estate Service · 7481 NW 4 Street · Plantation · FL · 33317 Office: 954·583·2116 Cell: 954·647·7148 Email: vanceval@att.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 40 years. Designated appraisers perform the appraisal work, no trainees. Our appraisals are used for financial/ mortgage loan purposes from large mixed use complexes to small owner - occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B. Vance, Jr., MAI, SRA, ASA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, deficiency judgments, marriage dissolution, and estates. Our firm values most types of real property interests, timely, professionally, and at competitive costs. PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ LICENSES MAI Designation - APPRAISAL INSTITUTE No. 9451 State-Certified General Real Estate Appraiser No. RZ-173 Florida State Licensed Real Estate Broker No. BK 0161305 VOSB Veteran-Owned Small Business (CCR/Duns 826494957) B) WORK HISTORY 1983 - Current Vice President - Vance Real Estate Service 1981 – 1983 President - The Appraisal Company, Fort Lauderdale, Florida C) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S. Bankruptcy Court, Southern District of Florida Florida Circuit Court: Broward County D) PROFESSIONAL DEVELOPMENT PROGRAM REGISTRIES Valuation of Sustainable Buildings: Commercial Valuation of Sustainable Buildings: Residential E) EXPERIENCE: 40+years appraising and analyzing real property interests in South Florida. F) APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 Partial list of real property types valued: High value residences, Condominiums/ Co -operatives, Office, Industrial, Multi-family, Restaurants/ bars, Auto dealerships, City Centers, Hotels/ motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use, Nursing homes, Gas sales stations, Marinas, Mobile home parks, Shopping centers, Country clubs/ golf courses, Financial institutions, Bowling centers, Vacant land, Agricultural properties, Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations, Estate planning, Marriage dissolution, Land use studies, Damage/ Contamination studies 71 1068 G) PARTIAL LIST OF CLIENTS – PRIVATE: Individuals, Corporations, Attorneys, Accountants, Habitat for Humanity, Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank; American National Bank; Landmark Bank; City National Bank; Evermore Bank National Bank SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, North Lauderdale, Davie, Pembroke Pines, Hallandale Beach, Lauderhill, Southwest Ranches, Miramar, Boca Raton, Boynton Beach, West Palm Beach, Delray Beach FLORIDA COUNTIES and AGENCIES: Broward, Palm Beach, Broward County Board of County Commissioners, School Board of Broward County, Broward County Housing Authority, Fort Lauderdale Community Redevelopment Agency, Boynton Beach Community Redevelopment Agency STATE OF FLORIDA Department of Transportation (FDOT), Department of Environmental Protection U.S. Department of Veterans Affairs, U.S. Department of Treasury (IRS), U.S Marshall’s Service, U.S. Attorney H) EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree – University of New Orleans, New Orleans, LA – Major: English Professional: Qualifying courses for the MAI designation I) PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006 – 2009 President of the South Florida Chapter of the Appraisal Institute - 2003 First Vice-President of the South Florida Chapter of the Appraisal Institute -2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute -2001 Secretary of the South Florida Chapter of the Appraisal Institute -2000 Treasurer of the South Florida Chapter of the Appraisal Institute - 1999 Chair of the Education Committee of the S. Florida Chapter of the Appraisal Institute - 1995, 1996, 1997, 1998, 2007- 2018 Director of the South Florida Chapter of the Appraisal Institute 1996 - 1998 Member of Region X (Florida) Ethics and Counseling Panel –AI Newsletter Editor of the South Florida Chapter of the Appraisal Institute – 2020-current Graduate of the Florida REALTORS Institute (GRI) J) CIVIC INVOLVEMENT Member of the Navy League of the United States – Fort Lauderdale Council Lifetime Honorary Member- Florida Sheriff’s Association Member of Zeta Tau Alpha Alumnae Fraternity 72 1069 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 NEW BUSINESS AGENDA ITEM 14.C SUBJECT: Discussion and Consideration of Purchase of 703 S. Federal Highway SUMMARY: CRA Staff actively pursues the purchase of properties within the BBCRA District in order to spur redevelopment opportunities in accordance with the 2016 Boynton Beach Community Redevelopment Plan. The property located at 703 S. Federal Highway is located within the Downtown District of the BBCRA boundaries (Attachment I). 703 S. Federal Highway is a vacant lot, approximately 27,843.552 square feet (0.6392 acres) and zoned C3 Community Commercial (Attachment II). The future development would be a mixed-use development under the MU Medium Future Land Use Classification. The development potential would allow a mixed-use development with a maximum density of 40- 50 units per acre and a maximum height of 65'-75'. The owner is interested in selling the property to the CRA for the appraised value of $1,568,000.00 (Attachment III & IV). This is comparable to the square footage cost of recent CRA acquisitions (Attachment V). This item is being brought before the Board for discussion on the potential purchase of the vacant lot. Due diligence would be performed as part of the purchasing process. FISCAL IMPACT: Purchase Price to be determined by the Board. FY 2023-2024 Budget, Project Fund, Line Item 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Downtown District CRA BOARD OPTIONS: 1. Approve the purchase of the vacant lot located at 703 S. Federal Highway in the amount to be determined by the CRA Board and authorize the Board Chair to execute a Purchase and Sale Agreement subject to final legal review. 2. Do not approve the purchase of the vacant lot located at 703 S. Federal Highway. 1070 •Attachment I - Downtown District •Attachment II - Location Map •Attachment III - Sale Price Offer 703 S Federal Highway •Attachment IV - Appraisal 703 S Federal Hwy •Attachment V - Property Comparables 3. Alternative direction as provided by the CRA Board. ATTACHMENTS: Description 1071 81 Downtown District Introduction Planning Challenges Planning Considerations The Vision Recommendations 1072 82D.District PlansIntroduction The Downtown District has been included in several planning efforts including the Federal Highway Corridor Plan, the Downtown Vision and Master Plan, and the original CRA plan adopted in 1984. It has long been the desire of the City to reinvigorate the historic center of Boynton Beach. Some progress has been made toward this goal with the development of the Casa Costa, Marina Village condominiums, and the soon to be completed 500 Ocean mixed-use development. The CRA has invested in the redevelopment of the Boynton Harbor Marina to create a tourism destination, preserve a working waterfront and support the boating community. The Agency planned and constructed the Boynton Beach Promenade that extends from Federal Highway to the Intracoastal Waterway; the Promenade also connects to the City’s Mangrove Walk Park and the Marina. The Downtown District is bound to the north by N.E. 7th Avenue, to the south by S.E. 12th Avenue, to the east by Federal Highway and the Intracoastal Waterway, and to the west by the FEC Railway. The District connects via Federal Highway and S.E. 4th Street to the secondary development node at Woolbright and Federal Highway. Downtown Boynton Beach is easily accessed via I-95 and Boynton Beach Boulevard: the distance from I-95 to Federal Highway is less than one mile. The City’s beach at Oceanfront Park is only 1.7 miles from I-95 or, for residents of one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri-Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within ½ mile of the future station. N Ocean Ave Boynton Beach Blvd.SE 4th StFederal HwySE 12th Ave NE 6th Ave SE 8th AveFEC RailroadFigure 40: Downtown District Location Map 1073 83 Planning Challenges Unlike Delray Beach or West Palm Beach, Boynton Beach historically has only had a very small downtown area. It extended from just east of Federal Highway to west of Federal Highway at Ocean Avenue. There have been very few commercial buildings that could be repurposed into restaurants and stores as Delray Beach has done. Consequently, the first CRA Plan adopted in 1984 concentrated on the downtown area (smaller than proposed in this plan) as a redevelopment priority. Some of the planning challenges are: • Lack of developable parcels – assemblage is required • Property owners have unrealistic expectations of the value of their property • Not pedestrian friendly • No shade trees • No public parking areas and little on-street parking • Lack of wayfinding signage • No design theme to create an identity • Limited space on Ocean Avenue to locate retail and restaurant uses Planning Considerations Several factors were considered in determining the land use designations for the Downtown District. First, the downtown will be the future site of the station for the planned Tri-Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a ½ mile radius around the station’s location. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is that the Downtown District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of I-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The existence of both of these transportation- oriented designations is a factor in considering where increased height and density will occur within the CRA district. The Downtown District’s location in the center of both the DTODD and the TCEA supports the highest density and height within this district. Figure 41: Example of District Planning Challenges 1074 84D.District Plans1075 85 Vision Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. Recommendations: Streetscape Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8’ wide clear sidewalk • Minimum 8’ wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco-trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. 1076 86D.District PlansRecommendations: Land Use To attract new residents and businesses, the area must present a unified vision for the future. Therefore, it is recommended that the changes to the Future Land Use map be made using the new future land use/ zoning structure as shown: Table 5: Recommended Future Land Use (FLU) Classifications within the Downtown District Figure 42: Cultural District Example Projects * *Properties located within the TOD may recieve a 25% density bonus 1077 87 HDR GC I REC MU-M MU-H N Ocean Ave Boynton Beach Blvd.SE 4th StSE 12th Ave SE 8th Ave SE 6th Ave Federal HwyNE 6th Ave FEC RailroadFigure 43: Recommended Land Use for the Downtown District 1078 88D.District PlansRecommendations: Urban Design In order to promote an active and walkable built environment in the Downtown District, the following recommendations apply: • Active commercial uses shall be required on the street frontage of Ocean Ave. Automobile oriented uses, such as gas stations, car washes, and drive-thrus, are prohibited. • The build-to line shall accommodate a ten foot sidewalk, mature shade trees (at install), street lights and street furniture • Buildings fronting Federal Highway, Boynton Beach Boulevard and S.E. 4th Street shall have a 60-90% window to wall ratio on the first floor. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone • Buildings fronting Boynton Beach Boulevard or Federal Highway shall have a minimum height of 30’ • Buildings fronting Boynton Beach Boulevard and/or Federal Highway shall be a maximum of 45’ in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10’ deep. • Parking shall be located to the rear or side of the property. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd or Federal Highway. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. • Where mixed use development is proposed adjacent residential areas, the residential areas shall be protected through the residential compatibility standards and the use of landscape buffers and/ or walls as appropriate. Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 44: SE 4th St. Example Mixed Use Medium Project A 1079 89 Figure 45: SE 4th St. Design Diagram 1080 90D.District PlansFigure 46: Example of Mixed Use High Project in the Downtown District B 1081 91 Figure 47: Downtown District Master Plan B N A Federal Hwy.Boynton Beach Blvd 1082 92D.District Plans1083 1084 1 Utterback, Theresa From:Utterback, Theresa Sent:Thursday, December 14, 2023 12:46 PM To:Mary Cc:P. E. Timothy T. Tack (TackT@bbfl.us); Curfman, Vicki Subject:RE: The sale to the CRA of 703 S. Federal Highway, Boynton Beach, FL 33435 Follow Up Flag:Follow up Flag Status:Flagged Good Afternoon Mary, I am in receipt of your email below and we will place this on the January 18, 2024 CRA Board agenda. As soon as the agenda and is published I will let you know. The CRA Board prefers that attendance to the meeting be in person. In the meantime, if you have any other questions or concerns please feel free to call me. HAPPY HOLIDAYS! Theresa From: Mary <marylou316@aol.com> Sent: Thursday, December 14, 2023 12:26 PM To: Utterback, Theresa <UtterbackT@bbfl.us> Subject: RE: The sale to the CRA of 703 S. Federal Highway, Boynton Beach, FL 33435 Theresa, Thank you for your help. I will consider selling my property to the CRA for the CRA's stated appraised value of $1,568,000. Of course, this is contingent on the terms of a CRA contract. Please confirm the date of the January, 2024, ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. ZjQcmQRYFpfptBannerEnd Theresa, Thank you for your help. I will consider selling my property to the CRA for the CRA's stated appraised value of $1,568,000. Of course, this is contingent on the terms of a CRA contract. Please confirm the date of the January, 2024, CRA board meeting when this will be discussed. Thank you! And, Happy Holidays! Mary Law, 625 S. Federal Highway, Boynton Beach, FL 33435 (561) 699-1252 1085 A P P R A I S A L R E P O R T VACANT LAND 703 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation, Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 December 1, 2023 1086 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4th Street, Plantation, FL 33317-2204 954/583-2116 vanceval@att.net December 1, 2023 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue Boynton Beach, FL 33435 RE: Vacant Land, 0.64 acres, 703 South Federal Highway, Boynton Beach, FL 33435 (Legal description is in the report.) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of December 1, 2023. The report sets forth our value conclusion, along with data and reasoning supporting our value opinion. This report was prepared for and our professional fee billed to the client and intended user, Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2020-2023). This report is for exclusive use of the client and intended user for possible acquisition of the appraised property. Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. ONE MILLION FIVE HUNDRED SIXTY-EIGHT THOUSAND DOLLARS $1,568,000 (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WITH SIXTY-FOUR (64) NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 1087 TABLE OF CONTENTS Page Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 Photographs of the Subject Property 5 1-3-5 Mile Location Map 9 1-3-5 Mile Demographic Statistics 10 Summary of Important Facts and Conclusions 12 DESCRIPTIONS, ANALYSES, & CONCLUSIONS 13 Identity of Client and Intended User 14 Intended Use 14 Identification of Real Estate Appraised 14 Ownership 14 Property Address 14 Legal Description 14 Real Estate Tax Analysis 15 Market Area Description 16 Land Use & Zoning 22 Site Description 22 Real Property Interest Appraised 23 Appraisal Purpose and Definition of Market Value 24 Effective Dates of the Appraisal and Report 25 Scope of the Work 25 Summary of Information Considered 35 Property History 26 Highest and Best Use 27 SALES COMPARISON APPROACH 29 Land Sales location map 30 Land Sales documentation 31 Land Sales Comparison & Adjustment Chart 43 Valuation by the Sales Comparison Approach 44 FINAL VALUE OPINION 48 Certification and Limiting Conditions 49 ADDENDA 51 “C-3” zoning information 52 “MU” zoning information 54 USPAP Standards Rule 2-2a 56 Qualifications of the Appraisers 60 1088 INTRODUCTION 4 1089 LOOKING SOUTH ON SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA LOOKING SOUTHWEST AT THE APPRAISED LAND 703 S. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 5 1090 LOOKING WEST ON SE 6TH AVENUE BOYNTON BEACH, FLORIDA LOOKING EAST AT APPRAISED LAND 703 S. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 6 1091 LOOKING SOUTH ON SE 4TH STREET BOYNTON BEACH, FLORIDA 7 1092 AERIAL VIEW OF APPRAISED PROPERTY 703 S. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 33435 8 1093 1-3-5 MILE RADII FROM THE APPRAISED PROPERTY BOYNTON BEACH, FLORIDA 33435 9 1094 Executive Summary 703 S Federal Hwy, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii Latitude: 26.52162 Longitude: -80.05863 1 mile 3 miles 5 miles Population 2010 Population 12,147 67,541 168,838 2020 Population 14,406 78,492 189,165 2023 Population 15,006 81,033 192,780 2028 Population 16,907 82,839 194,465 2010-2020 Annual Rate 1.72%1.51%1.14% 2020-2023 Annual Rate 1.26%0.99%0.58% 2023-2028 Annual Rate 2.41%0.44%0.17% 2020 Male Population 48.3%47.6%47.6% 2020 Female Population 51.7%52.4%52.4% 2020 Median Age 48.8 44.3 47.2 2023 Male Population 48.4%48.0%47.7% 2023 Female Population 51.6%52.0%52.3% 2023 Median Age 49.8 45.2 48.5 In the identified area, the current year population is 192,780. In 2020, the Census count in the area was 189,165. The rate of change since 2020 was 0.58% annually. The five-year projection for the population in the area is 194,465 representing a change of 0.17% annually from 2023 to 2028. Currently, the population is 47.7% male and 52.3% female. Median Age The median age in this area is 48.5, compared to U.S. median age of 39.1. Race and Ethnicity 2023 White Alone 54.5%52.4%55.5% 2023 Black Alone 30.9%29.6%25.4% 2023 American Indian/Alaska Native Alone 0.2%0.4%0.4% 2023 Asian Alone 1.2%1.9%2.4% 2023 Pacific Islander Alone 0.0%0.0%0.0% 2023 Other Race 4.7%5.5%5.7% 2023 Two or More Races 8.6%10.3%10.5% 2023 Hispanic Origin (Any Race)13.7%16.5%17.3% Persons of Hispanic origin represent 17.3% of the population in the identified area compared to 19.4% of the U.S. population. Persons of Hispanic Origin may be of any race. The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 72.4 in the identified area, compared to 72.1 for the U.S. as a whole. Households 2023 Wealth Index 94 86 103 2010 Households 5,522 28,981 73,735 2020 Households 6,552 33,798 82,102 2023 Households 6,922 35,236 84,367 2028 Households 7,912 36,348 85,848 2010-2020 Annual Rate 1.73%1.55%1.08% 2020-2023 Annual Rate 1.70%1.29%0.84% 2023-2028 Annual Rate 2.71%0.62%0.35% 2023 Average Household Size 2.11 2.26 2.25 The household count in this area has changed from 82,102 in 2020 to 84,367 in the current year, a change of 0.84% annually. The five-year projection of households is 85,848, a change of 0.35% annually from the current year total. Average household size is currently 2.25, compared to 2.27 in the year 2020. The number of families in the current year is 47,302 in the specified area. Data Note: Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. The Gini index measures the extent to which the distribution of income or consumption among individuals or households within an economy deviates from a perfectly equal distribution. A Gini index of 0 represents perfect equality, while an index of 100 implies perfect inequality. Source: U.S. Census Bureau. Esri forecasts for 2023 and 2028. Esri converted Census 2010 into 2020 geography and Census 2020 data. November 17, 2023 ©2023 Esri Page 1 of 2 10 1095 Executive Summary 703 S Federal Hwy, Boynton Beach, Florida, 33435 Prepared by Esri Rings: 1, 3, 5 mile radii Latitude: 26.52162 Longitude: -80.05863 1 mile 3 miles 5 miles Mortgage Income 2023 Percent of Income for Mortgage 33.4%30.5%31.6% Median Household Income 2023 Median Household Income $61,238 $63,214 $66,925 2028 Median Household Income $71,406 $74,589 $79,148 2023-2028 Annual Rate 3.12%3.36%3.41% Average Household Income 2023 Average Household Income $98,616 $94,514 $101,742 2028 Average Household Income $116,170 $110,848 $119,271 2023-2028 Annual Rate 3.33%3.24%3.23% Per Capita Income 2023 Per Capita Income $44,111 $41,451 $44,548 2028 Per Capita Income $52,748 $49,025 $52,679 2023-2028 Annual Rate 3.64%3.41%3.41% GINI Index 2023 Gini Index 43.6 42.0 41.9 Households by Income Current median household income is $66,925 in the area, compared to $72,603 for all U.S. households. Median household income is projected to be $79,148 in five years, compared to $82,410 for all U.S. households Current average household income is $101,742 in this area, compared to $107,008 for all U.S. households. Average household income is projected to be $119,271 in five years, compared to $122,048 for all U.S. households Current per capita income is $44,548 in the area, compared to the U.S. per capita income of $41,310. The per capita income is projected to be $52,679 in five years, compared to $47,525 for all U.S. households Housing 2023 Housing Affordability Index 72 80 77 2010 Total Housing Units 8,079 37,303 92,178 2010 Owner Occupied Housing Units 3,387 18,508 51,791 2010 Renter Occupied Housing Units 2,135 10,472 21,936 2010 Vacant Housing Units 2,557 8,322 18,443 2020 Total Housing Units 8,761 40,502 98,766 2020 Owner Occupied Housing Units 3,695 19,382 53,610 2020 Renter Occupied Housing Units 2,857 14,416 28,492 2020 Vacant Housing Units 2,138 6,853 16,742 2023 Total Housing Units 9,105 41,758 100,689 2023 Owner Occupied Housing Units 3,886 19,523 54,792 2023 Renter Occupied Housing Units 3,036 15,713 29,575 2023 Vacant Housing Units 2,183 6,522 16,322 2028 Total Housing Units 9,760 42,639 101,979 2028 Owner Occupied Housing Units 4,051 20,021 55,657 2028 Renter Occupied Housing Units 3,861 16,327 30,191 2028 Vacant Housing Units 1,848 6,291 16,131 Socioeconomic Status Index 2023 Socioeconomic Status Index 45.9 44.6 47.3 Currently, 54.4% of the 100,689 housing units in the area are owner occupied; 29.4%, renter occupied; and 16.2% are vacant. Currently, in the U.S., 58.5% of the housing units in the area are owner occupied; 31.7% are renter occupied; and 9.8% are vacant. In 2020, there were 98,766 housing units in the area and 17.0% vacant housing units. The annual rate of change in housing units since 2020 is 0.60%. Median home value in the area is $351,464, compared to a median home value of $308,943 for the U.S. In five years, median value is projected to change by 1.40% annually to $376,840. Data Note: Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. The Gini index measures the extent to which the distribution of income or consumption among individuals or households within an economy deviates from a perfectly equal distribution. A Gini index of 0 represents perfect equality, while an index of 100 implies perfect inequality. Source: U.S. Census Bureau. Esri forecasts for 2023 and 2028. Esri converted Census 2010 into 2020 geography and Census 2020 data. November 17, 2023 ©2023 Esri Page 2 of 2 11 1096 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant lot 703 South Federal Highway Boynton Beach, FL 33435 OWNERSHIP: Lucy Land LLC 625 South Federal Highway Boynton Beach, FL 33435 4925 LAND AREA: Approximately 27,844 square feet or 0.64 of an acre. Size is from public records. No sketch of survey is available for review. BUILDING IMPROVEMENTS: No structural improvements on the lot ZONING: “C-3”, Community Commercial in the city of Boynton Beach LAND USE: “LRC”, Local Retail Commercial CRA DISTRICT: Federal Highway South District APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant HIGHEST AND BEST USE: As vacant: For a stand-alone, small retail or office building or for future assemblage with adjacent property for a larger mixed use project of office, retail and residential uses VALUE BY THE SALES COMPARISON APPROACH: 27,844 square feet x $56.32 per square foot (rounded to) = $1,568,000 ONE MILLION FIVE HUNDRED SIXTY-EIGHT THOUSAND DOLLARS VALUATION DATE: December 1, 2023 Exposure Time: 12 months prior to selling at the appraised value. Marketing Time: 12 months immediately following the effective date of appraisal during which time the subject property should sell at the appraised value. 12 1097 DESCRIPTIONS, ANALYSES, CONCLUSIONS 13 1098 APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2020 - 2023) 2-2(a)(i) State the identity of the client; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the identity of any other intended users by name or type; None 2-2(a)(iii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. 2-2(a)(iv) Contain information, documentation, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: Lucy Land LLC 625 South Federal Highway Boynton Beach, FL 33435 Property Address: 703 South Federal Highway Boynton Beach, FL 33435 Legal Description: Township 45 South, Range 43 East, Section 28, Palm Beach County, FL: Beginning at the NE corner of the NE ¼ quarter of the SE ¼ quarter of said Section 28, south 80 feet, westerly 410.2 feet, north 80 feet, easterly 410.2 feet to the point of beginning, less right-of-way for US 1 14 1099 APPRAISAL REPORT (continued) Census Tract No. 61 Real Estate Tax: Parcel Control Number: 08 43 45 28 00 000 5010 Land Value: $526.252 Improvement Value: 2,491 Total Value: $528,743 Assessed Value: $384,251 Exemption Amount: - 0 - Taxable Value: $384,251 Ad Valorem Tax: $ 8,715 Non Ad Valorem Tax: $ - 0 - Total Tax: $ 8,715 Real estate tax for 2023 was paid, with no outstanding tax for previous years. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. In Florida, the taxable (assessed) value for non- homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. The 10% per year increase cap accounts for the difference between the Total Value of the appraised property and the Assessed Value. 15 1100 APPRAISAL REPORT Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern -central Palm Beach County. Population of the city is about 79,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Those few which were constructed in the early 1920s that are still in use have had repairs and replacements over the decades changing their historical significance. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. There are depots in downtown Miami, downtown Fort Lauderdale and downtown West Palm Beach. Boca Raton, Aventura, Port of Miami are added to the list. Rail service to Orlando is operating. In the future, there may be commuter rail service along the FEC tracks with a station in downtown Boynton Beach; however, no plans have been announced. 16 1101 APPRAISAL REPORT (continued) The subject market area includes the Boynton Beach CRA districts of Boynton Beach, delineate by the Boynton Beach Boulevard corridor. To the east is the Downtown CRA District with the following general boundaries of Florida East Coast (FEC) Railroad on the west, Federal Highway and the Intracoastal Waterway on the east, Northeast 7st Avenue to the north and Southeast 12 Avenue on the south. The market area fans out to the Federal Highway North and South CRA Districts, flanking the Downtown District. The geographic area is relatively small, with one district blending into the next. Boynton Beach Boulevard corridor (east/ west) and Federal Highway (north/south) are the most heavily traveled arteries in the city. Federal Highway is the main north-south artery through the Downtown District. It is also known as US Highway 1 and is the main north -south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Heavily trafficked Federal Highway is a catalyst to redevelopment of the market area, with over 2,300 residential dwelling units in five projects either built or planned. Road beautification projects enhanced the aesthetics of the market area. Most individual properties have shallow depths, inhibiting redevelopment of small parcels on their own. Hence, assemblages of adjacent properties and rezoning to mixed use are revitaliz ing the subject market area. Land Sales 2 and 5 are examples of such assemblages. Primary east-west artery is Boynton Beach Boulevard, with Ocean Avenue to the south as a secondary thoroughfare. Boynton Beach Boulevard is the principal east-west artery in city, having interchanges with Interstate 95 and Florida’s Turnpike. Boynton Beach Boulevard commences in the east at US Highway 1, just to the east of the FEC Railroad. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. Ocean Avenue, in the Cultural District of the CRA, is an upgraded streetscape of wide sidewalks covered with pavers, lighting, kinetic sculptures, and bollards. Ocean Avenue continues east of the Cultural District with a drawbridge over the Intracoastal Waterway, reaching Ocean Boulevard and the Atlantic Ocean. Ocean Avenue extends west through Boynton Beach, with an interruption at Interstate 95. 17 1102 APPRAISAL REPORT (continued) To the northwest of the Downtown District and the Federal Highway North District is the Heart of Boynton District where the CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of mixed use projects. The subject market area is easily accessible by main roads and Interstate 95. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2023 in the one-mile radius is $61,238, for three miles it is $63,214, and $66,925 for the five mile circle. Median household income for Palm Beach County is $68,900. In the one-mile circle, population is 15,006. In three miles, population increases to 81,033; at five miles, it is 192,780. However, about 40% of the three and five mile circles are over the Atlantic Ocean and waterways. Annual growth rate in the one-mile circle for the next five years is anticipated to be high at 2.41%, with new multi-family residential complexes being constructed in central Boynton Beach. Annual growth rates in the three and five mile circles are slower at 0.44% and 0.17%. 54% of the housing units are owner occupied, with 29% rented. This percentage of renters is high for Palm Beach County because there are numerous multi-family dwellings in this vicinity. Vacancy is reported to be 17%; however, this amount is elevated due to the undercount of the other two categories as some residents are seasonal and not counted. Median home value in the five-mile area is $351,464 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $308,943 in the United States. Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. Then, the economic collapse came in fall of 2008 along with the crash in real estate prices. In 2009, there were very few sales of any type of real estate. By 2010, it appeared that the worst was over. Cash buyers started making purchases. From 2013 to 2020, sales activity and prices recuperated. In 2021, prices took a grand upswing due in part to scarcity of developable land, especially in the eastern part of the county, and part to rising prices in general. 18 1103 APPRAISAL REPORT (continued) The life cycle stage of the market area is revitalization, a period of renewal, modernization, and increasing demand. The catalyst of the revitalization was 500 Ocean fronting Federal Highway, consisting of 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Several other mixed-use projects are planned along Federal Highway such as Ocean One at 114 N Federal Highway which was finally approved for 371 apartments, 25,588 square feet of retail, and 450 parking spaces. Davis Camalier sold the site to Hyperion Group for $78.98 per square foot in December, 2021. Another Federal Highway project is comprised of thirteen parcels beginning at the northeast corner of North Federal Highway and SE 2 Avenue, then extending east. All of the existing improvements were demolished and removed to make way for Broadstone at Boynton Beach, a mixed use project with 274 dwelling unit and 13,110 square feet of retail space. Land unit sale price equates to $83.18 per square foot in May, 2022. Land Sale 5 at 515 South Federal Highway will be another mixed use project. Its sale unit price was $52.70 per square foot in January, 2022. Details of the transaction are on the sale sheet in this report. The Villages at East Ocean Avenue, an assemblage of eighteen parcels over two decades, will be a mixed use project stretching from Boynton Beach Boulevard on the north to SE 1 Avenue on the south. The project was approved for 371 dwelling units, 15,757 square feet of commercial space, plaza, 644-space parking garage, et cetera. The buyer will update the design and proceed as approved. Land unit sale price was approximately $54.12 per square foot in May, 2022. Boynton Beach Community Redevelopment Agency (CRA) accepted the proposal from Affiliated Development from five submissions to build a mixed-use project at 115 North Federal Highway. The CRA had purchased the property when improved with a church and subsequently demolished it. The size of the land offered by the CRA was 2.28 acres, including parking lots and the recent purchase of 508 East Boynton Beach Boulevard. Land purchase by Affiliated Development has not been finalized. The proposed project will be called the Pierce, for the legendary Barefoot Mailman, Charlie Pierce. Project size will be 236 apartments, 16,800 square feet of restaurant, retail and office, and 600 space parking garage. 150 of the apartments would be for workforce housing units. 19 1104 APPRAISAL REPORT (continued) Boynton Beach CRA purchased the property at 511-529 East Ocean Avenue where Hurricane Alley Raw Bar & Restaurant is located. Purchase price was $3,600,000. This property consists of three buildings with a total size of approximately 17,201 square feet on a site of 17,903 square feet. It is in the block to the south of 115 North Federal Highway and will become part of the Pierce project. The convenience store at 101 North Federal Highway, adjacent to the west of 529 East Ocean Avenue, was purchased by a related entity to Affiliated Development, providing Federal Highway frontage for the two southern blocks that the Pierce will cover. Purchase price for this improved property was $2,000,000 or $184.10 per square foot of building including land. Town Square, a major redevelopment project to the west of Federal Highway, covers three blocks from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which were demolished and removed. For several years, the north and south sections of the project have sat vacant. The middle section was improved with a new City Hall, library, park, museum, amphitheatre and fire station. The former school was preserved. In April, 2023, the north and south sections were sold to Boynton Beach Town Center for a price of $44 million or approx imately $126 per square foot of land. The master plan for the parcels include: o 900 residential rental units o 24,000 square feet of retail space o Parking garage for 2,000 vehicles, with 500 of these spaces for city use In addition to the transfer of the ownership of the land, other agreements and considerations were made such as a 100 year parking lease agreement with the City. The Town Square project is the catalyst for other pending mixed-use projects to move forward. Boynton Beach Community Redevelopment Agency (BB CRA) activity in the Boynton Beach Boulevard District includes the purchase of 209 N Seacrest Boulevard which is a two-story commercial building that was leased to the city and used for the Boynton Beach Utility Customer Service facility and the Police substation. The purchase price was $1,400,000, closed in October, 2020. 20 1105 APPRAISAL REPORT (continued) The adjacent property to the north at 217 N Seacrest Boulevard is leased to the United States Postal Service, with a one-story building and large parking lot for postal vehicles. The north side of the property fronts Boynton Beach Boulevard. BB CRA purchased the property for $1,600,000 or $40.52 per square foot of land in February, 2023. Purchases of these two properties are examples of the BB CRA pursuing assemblages to amass land which can be redeveloped into larger mixed use facilities as planned for the Boynton Beach Boulevard corridor. BB CRA acquired Land Sale 1 at 401-411 East Boynton Beach Boulevard in February, 2021 for $917,000 or $54.94 per square foot of land including buildings. Subsequent to the purchase, BB CRA had the improvements demolished and removed. Plans are to construct a small retail center including a space for the United States Postal Service due to the sale of the building it occupied at 217 N Seacrest Boulevard. The search continues for a developer for the project. Land Sales 2 and 3 are negotiated purchases by the BB CRA. Both properties are vacant sites fronting the north side of West Boynton Beach Boulevard. The seller of Sale 2 assembled four parcels to form a site of 46,017 square feet. Purchase price equates to $47.48 per square foot; closed in March, 2023. Sale 3 is a vacant tract containing 24,707 square feet. Sale unit price was $48.57 in June, 2023. These sales are made by choice of the property owners; they are not under the threat of condemnation. Conclusion The town’s redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Boynton Beach Community Redevelopment Agency is instrumental in the renaissance of the city. The transformation of the area is in progress. Development of real estate takes time and the right market conditions which have been positive. Progress and completion of projects convey confidence that revitalization will continue to occur. Price trend for real estate in the subject market area will rise as the demand for new commercial space and mixed-use projects progresses. 21 1106 APPRAISAL REPORT (continued) Current Land Use: Local Retail Commercial (LRC) BB CRA Land Use: Proposed: Mixed Use, medium intensity, 50 dwelling units per acre with a possible 20% bonus for being in the Transit Oriented Development District, maximum height 150 feet. Mixed Use, medium intensity, requires one acre of land and 150 feet of frontage. CRA District: Federal Highway South District Zoning: “C -3”, Community Commercial District in the city of Boynton Beach. The intent of this district is to implement the local retail commercial future land use map classification of the Comprehensive Plan. Uses allowed in the district are intended to provide a wide range of goods and services located along major thoroughfares. The C-3 district allows 11 dwelling units per acre, adhering to the R-3 regulations. Minimum lot area is 15,000 square feet. Minimum lot frontage is 75 feet. Copy of the zoning code is in the Addenda. The size of the appraised land is 27,844 square feet and a minimum width of 80 feet, meeting the minimum standard in the C -3 District. Platting: The appraised land is not platted which will most probably be a requirement to improved it with a building structure. Site Description: The shape of the site is rectangular. Approximate dimensions and size are from public records. North boundary SE 6 Avenue: 410.2 feet East boundary on S Federal Highway: 80.0 feet South boundary adjacent property: 410.2 feet West boundary on SE 4 Street: 80.0 feet Total: 27,844 square feet or 0.64 of an acre 22 1107 APPRAISAL REPORT (continued) Utilities: All utilities are available to the site. Access: The site is accessible via South Federal Highway, a north-south principal arterial with streetlights, sidewalks, storm drains and a raised, landscaped median. Federal Highway consists of two northbound lanes and two southbound lanes. SE 6 Avenue is a two-laned local road. SE 4 Street is a secondary north-south road with divided lanes, street parallel parking, sidewalks and streetlights. Easements: If they exist, utility easements would be most probably be around the perimeter of the lot. Encroachments: There is no sketch of survey to review to note if there are encroachments. Improvement Description: There are no structural improvements on the site. Chain link fenced area is on the east end of the parcel. Environmental Assessment: No assessment was available for review. 2-2(a) (v) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 23 1108 APPRAISAL REPORT 2-2(a)(vi) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of December 1, 2023. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories as follows. 1. the relationship, knowledge, and motivation of the parties (i.e., seller and buyer); 2. the terms of sale (e.g., cash, cash equivalent, or other terms); and 3. the conditio ns of sale (e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions as follows. 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated December, 2010. Florida Court Definition: “Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts.” [Source: Fla. Power & Light Co., v. Jennings, 518 So.2d 895 (Fla. 1987)] 24 1109 APPRAISAL REPORT 2-2(a)(vii) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: December 1, 2023 B) Date of the Report: December 1, 2023 2-2(a)(viii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraisers visited the property. An investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including multiple listing service, Palm Beach County Property Appraiser’s records, the public records, and data from the appraisers’ plant. 2-2(a)(ix) Summarize the extent of any significant real property appraisal assistance; The two signatory appraisers are the only people involved in the appraisal process. 2-2(a)(x)(1) Summarize the appraisal methods and techniques employed; (2) State the reasons for excluding any of the valuation approaches; (3) Summarize the results of analyzing the subject sales, options and listings; (4) State the value opinion and conclusion (5) Summarize the information analyzed and the reasoning that supports the analyses, opinions, and conclusions 25 1110 APPRAISAL REPORT For Sales Comparison Approach, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. The information analyzed and the appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. Cost Approach is not used because no permanent structures were considered in the valuation. The Income Approach is not employed in this appraisal because most sites like the subject are purchased and not leased. Exclusion of these approaches to value still produces a creditable report. The value opinion and conclusion is stated at the end of the Sales Comparison Approach – Land Valuation. SR 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; There are no agreements of sale, options or listings of the subject property as of the effective date of the appraisal. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There has been no warranty deeds recorded for the property in the past three years. The property has been in the owner’s or an affiliate’s possession since 1982. 2-2(a)(xi) State the use of the real estate existing as of the effective date and use of the real estate reflected in the appraisal; The use of the real estate on the date of valuation is vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 26 1111 APPRAISAL REPORT 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant The land appraised is an unplatted parcel of land containing 27,844 square feet. The size may change after platting. It is located at a minor corner of South Federal Highway and SE 6 Avenue. The parcel is level and filled to street grade. All utilities are available to the site. No soil or subsoil tests were available for review to ascertain if the appraised land is capable of supporting buildings. However, surrounding properties have been improved with one or two-story building for over 100 years. Physical constraint to develop the site is its size which governs the size and number of the potential improvements that can be placed on it. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting and deed restriction, none of which came to light during the property investigation. Land use designation is Local Retail Commercial. Zoning is “C-3”, Community Commercial District. Minimum lot size is 15,000 square feet; minimum lot frontage is 75 feet. The appraised site meets these standards and could be put to one of the permitted uses in the “C-3” district. As noted, platting is most probably necessary for improvement of the tract. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. 27 1112 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT As mentioned, assemblages of smaller parcels into larger sites for mixed use development are taking place in the subject market area and in other CRA districts. Once a large site is assembled, the development process can commence with possible zoning and/or land use change to permit a mixed use project such as 500 Ocean. For mixed use, medium intensity, one acre of land is required. The only possibility of assemblage is with the property to the south that is currently improved with a two-story building. Hence, an assemblage may be far into the future. Currently, the appraised site is of sufficient size to be improved with a use permitted in the “C-3” district. It has a corner location with 80 feet of frontage on Federal Highway, the main north-south route in the city. Depth spans the entire block for 410 feet. Financially feasible use of the land concerned is to improve it with a multi-bay retail facility to cater to the everyday needs of the existing residents and those who will live and work in the projects being constructed in the market area. The most probable buyer is a local developer who wants to be a part of the revitalization. Time for development is now with little competition from similar, smaller new properties. Maximally Productive as Vacant In summary, the Highest and Best Use of the land in question is to be developed with a small multi-bay retail center which use is physically possible, probably legally permissible, financially feasible and maximally productive. Future highest and best use, if assemblage with adjacent property could be accomplished, is development of a medium intensity mixed use project with residential units on the upper floors and commercial use on the ground level. 2-2(a) (xiii) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a) (xiv) Include a signed certification in accordance with Standards Rule 2-1 See signed certification in report. 28 1113 SALES COMPARISON APPROACH LAND VALUATION 29 1114 30 1115 31 1116 LAND SALE 1 1320 S. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 32 1117 LAND SALES SALE NO. 2 LEGAL DESCRIPTION Le ngthy description, see deed RECORDED OR Book 34211, page 344 Palm Beach County, FL GRANTOR MG Delray Holdings LLC, et al GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE March 29, 2023 LOCATION 219 & 225 W Boynton Beach Boulevard 212 & 222 NW 3 Court Boynton Beach, FL ZONING “C-2”, Commercial “R-1-A”, single family residential LAND USE “LRC ”, Local Retail Commercial SALE PRICE $2,185,000 LAND SIZE 46,017 square feet or 1.06 acres UNIT OF COMPARISON $47.48 per square foot of land PARCEL CONTROL NOS. 08 43 45 21 07 001 1180 08 43 45 21 07 001 1160 08 43 45 21 07 001 1120 08 43 45 21 07 001 1131 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Office of closing attorney Kenneth Dodge COMMENTS Four parcels assembled by the grantor sold to the CRA in a negotiated transaction. 33 1118 34 1119 35 1120 LAND SALE 2 219 W. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 36 1121 LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lot 129, less the south 10 feet, RIDGEWOOD HILLS, Plat Book 23, page 250 and Lots 83 & 84, less the south 10 feet, RIDGEWOOD, Plat Book 13, page 7, Palm Beach County, FL RECORDED OR Book 34373, page 722 Palm Beach County, FL GRANTOR Boynton East LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE June 12, 2023 LOCATION 433 W Boynton Beach Boulevard Boynton Beach, FL ZONING “C-2”, Commercial LAND USE “LRC ”, Local Retail Commercial SALE PRICE $1,200,000 LAND SIZE 24,707 square feet or 0.5672 of an acre UNIT OF COMPARISON $48.57 per square foot of land PARCEL CONTROL NOS. 08 43 45 21 15 000 0830 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Office of closing attorney Kenneth Dodge COMMENTS Vacant parcel sold to the CRA in a negotiated transaction. 37 1122 LAND SALE 3 433 W. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 38 1123 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lots 12 & 13, Parker Estate, Plat Book 10, Page37 of the Public Records of Palm Beach County, Florida, and less the E. 15 feet for road GRANTOR Indiantown Land Holdings, LLC GRANTEE 1111 South Federal Highway Development, LLC DATE OF SALE December 13, 2022 LOCATION 1111 South Federal Highway, Boynton Beach, Florida ZONING “C-3”, Community Commercial LAND USE “LRC” Local Retail Commercial SALE PRICE $625,000 LAND SIZE 15,460 square feet UNITS OF COMPARISON $40.43 per square foot FOLIO NUMBER 08-43-45-28-24-000-0120 CONDITIONS OF SALE Arm’s length cash transaction. CONFIRMED Office of First International Title, West Palm Beach, Florida COMMENTS There were no plans recorded for a future use. 39 1124 LAND SALE 4 1111 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 40 1125 LAND SALES SALE NO. 5 LEGAL DESCRIPTION Le ngthy description on deeds in appraisers’ file RECORDED OR Book 33271, page 1173 Palm Beach County, FL OR Book 33279, page 1242 Palm Beach County, FL OR Book 33271, page 1248 Palm Beach County, FL GRANTOR Boynton Beach Group LLC Ocean Hudson LLC Exsorro One Inc. GRANTEE 515 South Federal LLC DATE OF SALE January 28, 2022 LOCATION 515 South Federal Highway + parcels to the north Boynton Beach, FL ZONING “C-3”, Commercial LAND USE “LRC ”, Lo cal Retail Commercial SALE PRICE $8,200,000 LAND SIZE 155,587 square feet or 3.57 acres UNIT OF COMPARISON $54.60 per square foot of land PARCEL CONTROL NOS. 08 43 45 28 07 001 0170 08 43 45 28 07 001 0130 08 43 45 28 07 001 0180 08 43 45 28 07 001 0190 08 43 45 28 07 001 0202 08 43 45 28 07 001 0201 08 43 45 28 07 001 0220 08 43 45 28 07 001 0101 08 43 45 28 07 001 0140 CONDITIONS OF SALE Cash sale. Arm’s length transaction. CONFIRMED Office of closing attorney Kenneth Kaleel COMMENTS Assemblage of nine parcels for future mixed use project. 41 1126 LAND SALE 5 515 South Federal Highway Boynton Beach, FL LAND SALE 5 515 South Federal Highway Boynton Beach, FL 42 1127 LAND SALE COMPARISON & ADJUSTMENT CHART Transactional Adjustments Property Adjustments LAND SALE PRICE SALE LAND SIZE LAND Condition Adjusted Price Market Conditions Adjusted Price Location Stage of Final Final Price per SALE PRICE/ SF DATE Sq.Ft. & Ac.ZONING of sale for Sale Conditions 7%/Year for Market Conditions Adjustment Development Adjusted Price Square Foot 1 1320 S. Federal Highway $1,600,000 4/20/2023 22,686 "MU"-$160,000 $1,440,000 $67,680 $1,507,680 $0.00 -$150,768 $1,356,912 $59.81 Boynton Beach, FL $70.53 0.52 Mixed Use/Low Density Superior -10%Inferior + 4.70%Equal Superior - 10% 2 219 & 225 W.Boynton Beach Blvd.$2,185,000 3/29/2023 46,017 "C-2" Commercial $0 $2,185,000 $126,949 $2,311,949 $462,390 $0 $2,774,338 $60.29 212 & 222 NW 3 Court $47.48 1.06 "R-1-A" Single Family Res.Equal Inferior + 5.81%Inferior + 20%Equal Boynton Beach, FL 3 433 W. Boynton Beach Blvd.$1,200,000 6/12/2023 24,707 "C-2" Commercial $0 $1,200,000 $14,280 $1,214,280 $242,856 $0 $1,457,136 $58.98 Boynton Beach, FL $48.57 0.57 Equal Inferior + 1.19%Inferior + 20%Equal 4 1111 S. Federal Highway $625,000 12/13/2022 15,460 "C-3"$0 $625,000 $54,688 $679,688 $0 $0 $679,688 $43.96 Boynton Beach, Florida $40.43 0.35 "LRC" Local Retail Commercial Equal Inferior + 8.75%Equal Equal 5 515 S. Fed. Hwy. + parcels to N.$8,200,000 01/28/2022 155,587 "C-3"$0 $8,200,000 $906,920 $9,106,920 $0 $0 $9,106,920 $58.53 Boynton Beach, Florida $52.70 3.57 Commercial Equal Inferior + 11.06%Equal Equal SUBJECT VALUE VALUE per SQ.FT. 703 S. Federal Highway $1,568,000 12/01/2023 27,844 "C-3"--------------------------------------$56.32 Boynton Beach, FL 0.64 Commercial 43 1128 SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered the most reliable is the Sales Comparison Approach. In this method, sales of similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. The steps of Sales Comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with the most reliable sources, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis. 4) Compare and adjust the sales to the subject using significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a value opinion by this approach. Land size of the subject is 27,844 square feet; zoning is “C-3”, Community Commercial District in the city of Boynton Beach, FL. Highest and best use for the appraised property is to improve the land with a small, multi-bay retail center or, if possible, assemble it with adjacent property for a larger mixed-use project. Fee simple interest of the market value of the land is developed in this Sales Comparison Approach. A search was made to find recent sales of properties in the immediate subject market area with the price attributable to the land; existing improvements have no contributory value toward the highest and best use of the properties. A property-by-property search was conducted along Boynton Beach Boulevard and US Highway 1. Of the sales reviewed, the five that are more similar to the subject are included in this appraisal. Details of the transactions are on the sale sheets and chart. The unit of comparison used by buyers and sellers of this type of property is the Sale Price per Square Foot of Land. The range of unit prices of the sales is from $40.43 to $70.53 per square foot, before adjustment. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate states that there are several basic elements of comparison that may be considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. Adjustments for transactional elements are made, then, attention is focused on the second group, property elements. This second group of property elements consists of location, physical characteristics and use. (Continued) 44 1129 SALES COMPARISON APPROACH (Continued) Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. The interest valued for the subject property is fee simple. The sales were all conveyances of fee simple interests without leases or easements which were significant enough to affect the price. No adjustment is necessary for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. Although third party financing is readily available, all of the transactions were in cash, the most common form of purchase for smaller parcels of vacant land. No adjustment is required for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. Grantors and grantees of Sales 1, 4 and 5 were private parties. Grantors of Sales 2 and 3 sold the properties to Boynton Beach Community Redevelopment Agency (BB CRA) in negotiated transactions. There was no pending government action that would have compelled the grantors to sell. Grantors of Sales 2 and 5 assembled multiple lots to form larger sites that would be attractive to buyers who want to quickly move ahead on projects and not take years to accumulate sufficient land for them. Conditions of sale for the transfers of Sales 2, 3, 4 and 5 were typical for a market in the life stage of revitalization, with no adjustments necessary. (Continued) 45 1130 SALES COMPARISON APPROACH (Continued) Reportedly, the grantee of Land Sale 1was involved in a 1031 Exchange and had to purchase the property in the time frame of the exchange. The unit price paid for the land exceeds the typical market price range. This condition of Sale of No. 1 makes its price superior to the other transactions. Hence, Sale 1 is adjusted downward 10% for this aspect of this element of comparison. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Three of the sales occurred in 2023, and two in 2022. Some properties have had a significant increase in price during the past few years. Such increases are characteristic of the market due in part to scarcity of properties for sale and lack of land for more building. The high percentage of increase may not be representative of the price trend going forward. For buyers wanting to finance transactions, the rise in interest rates is negatively affecting the prices they can pay. Volume of sales has dropped significantly in 2023 due to the increased interest rates and buyers’ unwillingness to pay higher prices. The inflation rate in 2021 was 4.7%; in 2022, it was 8.0%. The rate began in 2023 at 6.4%, moving down to 3.3%, currently. A decrease in the inflation rate will take time to move through the financial channels and become part of the matrix that affects real estate prices. Despite the dearth of 2023 sales and slowing inflation, the change in market conditions is still positive at a moderate 7% annually. Each of the sales is adjusted upward 7% annually for market conditions to the effective date of appraisal. The amounts of the adjustments are shown on the chart. Adjustments for transactional elements of comparison were considered; now, property elements of comparison are addressed. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, average daily traffic flow, etc. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. The appraised site and the sale properties are in the Boynton Beach Community Redevelopment Area (BB CRA) fronting the main roads in the market. Each of the properties borders either Boynton Beach Boulevard or Federal Highway, affording access and visibility to potential drive-by customers. (Continued) 46 1131 SALES COMPARISON APPROACH (Continued) Zoning district for the subject is “C-3”, Community Commercial, with a minimum size of 15,000 square feet. Sales 4 and 5 are also zoned “C-3.” Sales 2 and 3 are zoned “C-2,” Neighborhood Commercial, a less intense district than “C-3.” Zoning for Sale 1 is already “MU” mixed use. The sales are platted; the subject is not. Platting will most probably be required prior to constructing a building on the land. Not being platted puts the appraised parcel at the beginning of the development process. This factor is considered in the final valuation of the land concerned. BB CRA recommended development potential for the appraised land and Land Sales 1, 4 and 5 is 50 dwelling units per acre. These sites line Federal Highway. For Sales 2 and 3, it is 20 dwelling units per acre, fronting Boynton Beach Boulevard. Pairing the adjusted unit sale prices thus far of the two groups of sales, the difference is approximately 20% for location. Sales 2 and 3 on Boynton Beach Boulevard are adjusted upward 20% for inferior location to the other sites on Federal Highway. The adjustment amount is shown on the chart. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, depth, topography, view, access, functional utility, degree of readiness for development, et cetera. There does not appear to be a direct relationship between land size and price per square foot. Each sale parcel meets the size standard in its current zoning district for independent development. Sales 1, 2 and 3, like the subject, are vacant parcels. Sales 4 and 5 have old improvements on them that will be demolished and removed to improve the sites to their highest and best uses. The stage of development for Sale 1 is superior to the subject and the other sales. It was sold with a city approved plan for a project of a three-story office building. Reaching this point in the development process takes time and funds to accomplish. Sale 1 is adjusted downward 10% for stage of development. The adjustment amount is shown on the chart. Use For properties to be comparable, they should have similar uses. Highest and best use for the subject as a stand-alone property is for a small commercial project, as would be the cases for Sales 1, 2, 3 and 4. If these sites were assembled with adjacent properties, there is the possibility of future mixed use projects with retail and/or office on the ground floor and residential on the upper floors. Example of an assemblage for this use is Sale 5. The elements of comparison of use and location are closely aligned. An adjustment for the latter is already made, with no additional adjustment called for use. (Continued) 47 1132 SALES COMPARISON APPROACH (Continued) FINAL VALUE OPINION Following is a summary of the adjusted square foot unit sale prices for the five sales. Sale No. Adjusted Sale Price/ SF 1 $59.81 2 $60.29 3 $58.98 4 $43.96 5 $58.53 The range of adjusted unit prices is from $43.96 to $60.29 per square foot of land. With quantitative adjustments having already been made for differences which affect price, equal weight is placed on each of the adjusted unit prices. Considering the foregoing discussion, the unit value for the subject is $56.32 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for sites along the main roads of central city Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property, as of December 1, 2023 is: $56.32/sq.ft. of land x 27,844 square feet of land = $1,568,000 ONE MILLION FIVE HUNDRED SIXTY-EIGHT THOUSAND DOLLARS 48 1133 CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475, Part II F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on November 10, 2023. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this certification. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the continuing education program for Designated Members of the Appraisal Institute. Continuing education programs are also completed for the American Society of Appraisers and the State of Florida. December 1, 2023 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 December 1 , 2023 Claudia Vance, MAI Florida State-Certified General Real Estate Appraiser No. RZ-173 49 1134 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report, subject to the limiting conditions hereafter cited, are correct to the best of the writers' knowledge. 1. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters, nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple, unless excepted. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers’ names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land, improvements, etc., the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report - unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub-soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions, and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser No. RZ 85 December 1, 2023 Claudia Vance, MAI State-Certified General Real Estate Appraiser No. RZ 173 December 1, 2023 50 1135 ADDENDA 51 1136 C. C-3 Community Commercial District. 1. General. a. Purpose and Intent. The purpose of the C-3 zoning district is to implement the local retail commercial (LRC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located along major thoroughfares. The C-3 district allows a maximum density of eleven (11) dwelling units per acre; however, all residential developments must adhere to the R-3 district building and site regulation in accordance with Section 2.F. above. b. Prerequisite Location Standard. In reaching recommendations and decisions as to zoning land to C-3, the advisory board and City Commission shall apply the following location standards, in addition, to the standards applicable to the rezoning of land generally: (1) Centrally and accommodating multiple neighborhoods; and (2) Abutting to at least one (1) major thoroughfare. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-16). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-3 District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 20 feet1 Rear: 20 feet2 Abutting: Residential district(s) 30 feet Interior side: 0 feet1,3 Abutting: Residential district(s) 30 feet1 Corner side: 20 feet1 Abutting: Residential district(s) 30 feet1 Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.504 52 1137 Maximum structure height: 45 feet5 1 Reduced setbacks will be applied to property located within the Urban Commercial District Overlay Zone, Section 8.C. below. 2 Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half (1/2) the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 3 Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one (1) side. 4 A floor area ratio (FAR) up to 0.50 may be considered for local retail commercial uses allowed within the C-3 district (see "Use Matrix" – Chapter 3, Article IV, Section 3.D.), pursuant to the local retail commercial future land use classification of the Comprehensive Plan. 5 Not to exceed four (4) stories. 4. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.F. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. 53 1138 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-4 MU-H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)1 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre)14, 16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build-to-line (ft.)11 All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setback, Minimum (ft.)11 Rear abutting: Residential single-family 257/07, 8 257 257 257 257 Intracoastal waterway 257 257 257 257 257 Side abutting Residential single-family 257/07, 8 257 257 257 257 Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 1% 2% 1. May be reduced if frontage extends from right-of-way to right -of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 54 1139 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU-L or resid ential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right -of-way of at least forty (40) feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required “Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts if 16 ft. See Section 5.C.2. below for additional relief provisions from build-to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU-1 - eleven (11), MU-2 - twenty (20), MU-3 - thirty (30), MU-4 - thirty-five (35) and MU-H - forty (40) dwellings per acre (except that minimum density for the MU-H district applies to projects located within the entire station area). 15. Projects within the transit core shall have a minimum FAR as follows: MU-L3 - one and three-quarters (1.75), MU-4 (2.0) and MU-H - two (2.0) (except that minimum FAR for the MU-H district applies to projects to be located within the entire station area). 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 14-009, passed 7-1- 14; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 16-023, passed 1-3-17) 55 1140 SUMMARY OF 2020-2023 USPAP (Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form, format, or style of real property appraisal reports. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report m ust: (a) clearly and accurately set forth the appraisal in a manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS RULE 2-2 Each written real property appraisal report m ust be prepared under one of the following options and prominently state which option is used: Appraisal Report or Restricted Appraisal Report. An appraiser may use any other label in addition to, but not in place of, the labels set forth in this Standards Rule for the type of report produced. The use of additional labels such as analysis, consultation, evaluation, study, or valuation does not exempt an appraiser from adherence to USPAP. The report content and level of information requirements in this Standards Rule are minimal for each type of report. An appraiser must supplement a report form, when necessary, to insure that any intended user of the appraisal is not misled and that the report complies with the applicable content requirements. (a) The content of an appraisal report must be appropriate for the intended use or the appraisal and, at a minimum: (i) state the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client’s request but is retained in the appraiser’s workfile; (ii) state the identity of any other intended users by name or type; (iii) state the intended use of the appraisal; (iv) contain information, documents, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (v) state the real property interest appraised; (vi) state the type and definition of value and cite the source of the definition; (vii) state the effective date of the appraisal and the date of the report; (viii) summarize the scope of work used to develop the appraisal; (ix) summarize the extent of any significant real property appraisal assistance; 56 1141 SUMMARY OF 2020–2021 USPAP (Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting (x) provide sufficient information to indicate that the appraiser complied with the requirements of STANDARD 1 by: (1) summarizing the appraisal methods and techniques employed; (2) stating the reasons for excluding the sales comparison, cost, or income approach(es) if any have not been developed; (3) summarizing the results of analyzing the subject sales, options, and listings in accordance with Standards Rule 1-5; (4) stating the value opinion(s) and conclusions(s); and (5) summarizing the information analyzed and the reasoning that supports the analyses opinions, and conclusions, including reconciliation of the data and approaches; (xi) state the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal; (xii) when an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; (xiii) clearly and conspicuously: • state all extraordinary assumptions and hypothetical conditions, and • state that their use might have affected the assignment results, and (xiv) include a signed certification in accordance with Standards Rule 2-1. STANDARDS RULE 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. 57 1142 475.611 Florida Statutes: Definitions.- (1) As used in this part, the term: (a) “Appraisal” or “Appraisal Services” means the services provided by certified and licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assi gnment" denotes an engagement for which a person is employed or retained to act, or coul d be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, val ue, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assi gnment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and incl udes specialized marketi ng, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retai ned to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or "foundation" me ans the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communicati on, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opini on, or conclusion relating to the nature, quality, val ue, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysi s, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be wri tten. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financi al Institutions Exami nation Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who i s a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of 95.11(4)(a). (g) "Board" means the Fl orida Real Estate Appraisal Board established under thi s section. (h) “Certified General Appraiser” means a person who is certified by the department as qualified to issue appraisal reports for any type of real property (i) "Certified Residential Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four resi dential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulati on. (j) "Department" means the Department of Busi ness and Professi onal Regulati on. 58 1143 2020 FLORIDA STATUTES 475.628 Professional standards for appraisers registered, licensed, or certified under this part.— (1) The board shall adopt rules establishing standards of professional practice which meet or exceed nationally recognized standards of appraisal practice, including standards adopted by the Appraisal Standards Board of the Appraisal Foundation. Each appraiser registered, licensed, or certified under this part must comply with the rules. Statements on appraisal standards which may be issued for the purpose of clarification, interpretation, explanation, or elaboration through the Appraisal Foundation are binding on any appraiser registered, licensed, or certified under this part, upon adoption by rule of the board. (2) The board may adopt rules establishing standards of professional practice other than standards adopted by the Appraisal Standards Board of the Appraisal Foundation for nonfederally related transactions. The board shall require that when performing an appraisal or appraisal service for any purpose other than a federally related transaction, an appraiser must comply with the Ethics and Competency Rules of the standards adopted by the Appraisal Standards Board of the Appraisal Foundation, and other requirements as determined by rule of the board. An assignment completed using alternate standards does not satisfy the experience requirements under s. 475.617 unless the assignment complies with the standards adopted by the Appraisal Standards Board of the Appraisal Foundation. History.—ss. 9, 11, ch. 91-89; s. 4, ch. 91-429; s. 35, ch. 98-250; s. 22, ch. 2012-61; s. 9, ch. 2017-30. Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS Chapter 475 REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS View Entire Chapter 59 1144 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser · Real Estate Analyst · Reviewer · Expert Witness Vance Real Estate Service · 7481 NW 4 Street · Plantation · Florida · 33317 Office: 954·583·2116; Cell: 954·610·2423; Email: vanceval@comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 45 years. Designated appraisers perform the appraisal work, no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers, we perform most other real property functions. We also do “Valuations for Financial Reporting.” PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ DEGREES/ LICENSES & CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS (RE-Urban) #003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER #RZ-85 (Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO. BK. 91050 REGISTERED VETERAN-OWNED SMALL BUSINESS (CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE (Minority Business Enterprise - MBE) FLORIDA “D.E.P.” APPROVED APPRAISER B) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1. U.S. Court of Appeals, Eleventh Circuit 2. U.S. District Court, Southern District of South Florida 3. U.S. District Court, New Jersey 4. U.S. Bankruptcy Court, Southern District of Florida 5. U.S. Bankruptcy Court, District of New Jersey 6. U.S. Bankruptcy Court, Western (Pittsburgh) Division of Pennsylvania 7. Florida Circuit Courts: Broward, Dade, Palm Beach, Lee, Collier, Martin, and Okeechobee Counties 8. Appraiser on landmark eminent domain cases: TESSLER, NESS TRAILER PARK, PATEL, SIMPSON v. FILLICHIO, RUBANO, PALM BEACH COUNTY (FL) vs. COVE CLUB INVESTORS, LTD. C) EXPERIENCE Over thirty-five (35) years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS & NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS, etc. 60 1145 D) PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH, COLLIER, OKEECHOBEE; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U.S. TREASURY DEPARTMENT (General Counsel, I.R.S.); U.S. MARSHAL'S SERVICE – U.S. ATTORNEY’S OFFICE CENTRAL DIVISION – U.S. Dept. of Justice; VETERANS ADMINISTRATION E) EDUCATIONAL BACKGROUND - (Partial List) ACADEMIC: BACHELOR OF ARTS - Earlham College, Richmond, Indiana (1954) MBA (Nova University) - Real Estate Management & Development (National Dean's List 1991) Professional: Qualifying courses for the SRA and SREA designations from the Society of Real Estate Appraisers Qualifying courses for the MAI designation from the Appraisal Institute F) APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach (Certificate No. 275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars - Board of Realtors, ASA, SREA, and AI (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G) PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D. MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006- 2008) AWARD - Appraisal Institute “NATIONAL PRESIDENTS AWARD” 2008 AWARD - Appraisal Institute “LIFETIME ACHIEVEMENT AWARD” 2011 For “high ethical standards, contributions to the Appraisal Institute, Community and Appraisal Profession for at least 20 years.” CHAIR - REGION X - All of Florida - Appraisal Institute (2008) VICE-CHAIR - REGION X - All of Florida - Appraisal Institute (2007) THIRD DIRECTOR - REGION X - All of Florida - Appraisal Institute (2006) FINANCE OFFICER - REGION X – All of Florida – Appraisal Institute (2006) PRESIDENT - BROWARD COUNTY, SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY, AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA. STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF AI CHAIR - FLA. STATE LEGISLATION & REGULATION SUBCOMMITTEE OF AI G) PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE, FT. LAUDERDALE CHAPTER AI CHAIR - CANDIDATES GUIDANCE COMMITTEE, FT .LAUDERDALE CHAPTER AI CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF AI VICE CHAIR & MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF AI (15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF AI MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF AI DIRECTOR - REGION X (Florida ) Appraisal Institute MEMBER - REGION X (FLORIDA) ETHICS AND COUNSELING PANEL 61 1146 DIRECTOR - BROWARD COUNTY, FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF AI SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT, Broward County, FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H) PROFESSIONAL PUBLICATIONS & PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div. of the Dept. of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in "The Legislation, Regulation and Appraisal of Real Property Rights in Florida September 7, 1996. Presentation on “Gramm-Leach -Bliley” Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24, 2001. Presented 3-hour Florida CEU-credit seminar on “Appraisers and the Gramm-Leach-Bliley Act” before the South Florida Chapter of the Appraisal Institute on July 27, 2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain, “Valuation and Damage Issues” February 2, 2006, Fort Lauderdale, Florida I) CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL / PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP ("BYBLOS") MEMBER CIRCLE OF FRIENDS – NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE / BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF’S ASSOCIATION MEMBER NATIONAL & FT. LAUDERDALE COUNCILS U.S. NAVY LEAGUE U.S. ARMY VETERAN WWII (RA 17212681) - HONORABLE DISCHARGE 1949 62 1147 Claudia Vance, MAI Appraiser · Real Estate Analyst · Reviewer Vance Real Estate Service · 7481 NW 4 Street · Plantation · FL · 33317 Office: 954·583·2116 Cell: 954·647·7148 Email: vanceval@att.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 40 years. Designated appraisers perform the appraisal work, no trainees. Our appraisals are used for financial/ mortgage loan purposes from large mixed use complexes to small owner - occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B. Vance, Jr., MAI, SRA, ASA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, deficiency judgments, marriage dissolution, and estates. Our firm values most types of real property interests, timely, professionally, and at competitive costs. PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ LICENSES MAI Designation - APPRAISAL INSTITUTE No. 9451 State-Certified General Real Estate Appraiser No. RZ-173 Florida State Licensed Real Estate Broker No. BK 0161305 VOSB Veteran-Owned Small Business (CCR/Duns 826494957) B) WORK HISTORY 1983 - Current Vice President - Vance Real Estate Service 1981 – 1983 President - The Appraisal Company, Fort Lauderdale, Florida C) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S. Bankruptcy Court, Southern District of Florida Florida Circuit Court: Broward County D) PROFESSIONAL DEVELOPMENT PROGRAM REGISTRIES Valuation of Sustainable Buildings: Commercial Valuation of Sustainable Buildings: Residential E) EXPERIENCE: 40+years appraising and analyzing real property interests in South Florida. F) APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 Partial list of real property types valued: High value residences, Condominiums/ Co -operatives, Office, Industrial, Multi-family, Restaurants/ bars, Auto dealerships, City Centers, Hotels/ motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use, Nursing homes, Gas sales stations, Marinas, Mobile home parks, Shopping centers, Country clubs/ golf courses, Financial institutions, Bowling centers, Vacant land, Agricultural properties, Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations, Estate planning, Marriage dissolution, Land use studies, Damage/ Contamination studies 63 1148 G) PARTIAL LIST OF CLIENTS – PRIVATE: Individuals, Corporations, Attorneys, Accountants, Habitat for Humanity, Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank; American National Bank; Landmark Bank; City National Bank; Evermore Bank National Bank SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, North Lauderdale, Davie, Pembroke Pines, Hallandale Beach, Lauderhill, Southwest Ranches, Miramar, Boca Raton, Boynton Beach, West Palm Beach, Delray Beach FLORIDA COUNTIES and AGENCIES: Broward, Palm Beach, Broward County Board of County Commissioners, School Board of Broward County, Broward County Housing Authority, Fort Lauderdale Community Redevelopment Agency, Boynton Beach Community Redevelopment Agency STATE OF FLORIDA Department of Transportation (FDOT), Department of Environmental Protection U.S. Department of Veterans Affairs, U.S. Department of Treasury (IRS), U.S Marshall’s Service, U.S. Attorney H) EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree – University of New Orleans, New Orleans, LA – Major: English Professional: Qualifying courses for the MAI designation I) PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006 – 2009 President of the South Florida Chapter of the Appraisal Institute - 2003 First Vice-President of the South Florida Chapter of the Appraisal Institute -2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute -2001 Secretary of the South Florida Chapter of the Appraisal Institute -2000 Treasurer of the South Florida Chapter of the Appraisal Institute - 1999 Chair of the Education Committee of the S. Florida Chapter of the Appraisal Institute - 1995, 1996, 1997, 1998, 2007- 2018 Director of the South Florida Chapter of the Appraisal Institute 1996 - 1998 Member of Region X (Florida) Ethics and Counseling Panel –AI Newsletter Editor of the South Florida Chapter of the Appraisal Institute – 2020-current Graduate of the Florida REALTORS Institute (GRI) J) CIVIC INVOLVEMENT Member of the Navy League of the United States – Fort Lauderdale Council Lifetime Honorary Member- Florida Sheriff’s Association Member of Zeta Tau Alpha Alumnae Fraternity 64 1149 Street #Property Address Structure or Lot?Legal Date Acquired Purchase Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. Demolition Costs THE PIERCE ASSEMBLAGE Parking Lot part of Church Purchase-115 N. Fed. Hwy.0.3578 Structure demo'd w/ SWA grant and temporary parking placed on lot 0.9376 511 Commercial Retail Blvd. - 7720 sq ft Lot 10 & W 7'8" of Lot 11, Blk 6, Town of Boynton 0.1545 515 Commercial Retail Blvd. - 4101 sq ft Lot 11 less W 7'8" Blk 6 Town of Boynton 0.1134 529 Commercial Retail Blvd. - 5644 sq ft Lot 12, Blk 6 Town of Boynton 0.1431 508 E. Boynton Beach Blvd. Bradley Miller Commercial Retail Bldg. - 1925 sq ft Lots 6 & 7, Block 1, Original Town of Boynton October-21 $915,000.00 0.2863 12471.228 $73.37 NE 1st Stree & Avenue 4th Street Parking Lot Lots 8 & 9 July-01 $90,000.00 0.2863 12471.228 $7.22 USPS PURCHASE 209 N. Seacrest Blvd. Commercial Rental Property (City Water Dept. & E2L offices for Town square project) Lots 23, 24, 25, 26 and 27 and S 7' of Lot 22, Block 4, Boynton Heights October-20 $1,400,000.00 0.2885 12567.06 $111.40 217 N. Seacrest Blvd.USPS Facility Lots 9, 10, 11 & 12, Block 4, Boynton Heights Addition to Town of Boynton Beach February-23 $1,600,000.00 0.9065 39487.14 $40.52 401 Commercial Retail Bldg. - 2062 sq ft Lot 6, Less S 17.6 Ft SR 804/Arden Park Addition 0.1091 407 Vacant Lot W 46.85 ft of Lot 5/Less S17.6 ft SR 804/Arden Park Addition 0.1284 411 Vacant Lot -Commercial Retail Bldg. - 3334 sq ft - Structure demo'd Lt 4 & E 3.15 ft of Lot 5/Less S 17.6 Ft SR 804/Arden Park 0.1457 Lot 177 NW 2nd Street Vacant Lot S 25' of Lot 177, Block A, Boynton Hills $35,000.00 0.0574 2500.344 $14.00 2500.344 $14.00 N/A 219 W. Boynton Beach Blvd.Vacant Lot Lot 112 and E 25' of Lot 113, Block A, Boynton Hills 0.1725 7514.1 225 W. Boynton Beach Blvd.Vacant Lot W 25' of Lot 113 and all of Lots 114, 115, Block A, Boynton Hills 0.3183 13865.148 212 NW 3rd Court Vacant Lot Lots 118 & 119, Block A, Boynton Hills 0.2924 12736.944 222 NW 3rd Court Vacant Lot Lots 116 & 117, Block A, Boynton Hills 0.2732 11900.592 $76.61 MATT GRACEY PROPERTIES - W. BOYNTON BEACH BLVD. ASSEMBLAGE $2,185,000.00 $47.48 46016.784 $47.48 N/AMarch-23 $35,828.75 $45,804.00 52054.2 $57.63 E. BOYNTON BEACH BLVD. ASSEMBLAGE (ABC RENTAL PROPERTIES) 16692.192 $54.94E. Boynton Beach Blvd. ABC Rentals February-21 $917,000.00 16692.192 $54.94 $85,720.00 BOYNTON BEACH CRA PROPERTY PURCHASES Last 5 yrs. Price Per Sq. Ft. E. Ocean Avenue Oyer December-21 $3,600,000.00 17903.16 $201.08 115 $53.17N Federal Highway Church Lots 1, 2, 3, 4, 5, 6 and 7 Block 6, Original Town of Boynton May-18 $3,000,000.00 56427.624 99273.24 W. BOYNTON BEACH BLVD. ASSEMBLAGE (BOCA REGIONAL HOSPITAL) 1150 433 W. Boynton Beach Blvd.Vacant Lot Lots 83-86 Ridgewood Hills June-23 $1,200,000.00 0.5672 24707.232 $48.57 24707.232 $48.57 N/A Street #Property Address Structure or Lot?Legal Date Acquired Asking Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. Demolition Costs 417, 445, 511, 520, 521, 522 N. Federal Highway Structures/Businesses $6,247,500.00 1.24 54014.4 $115.66 417, 445, 511, 520, 521, 522 N. Federal Highway Structures/Businesses Appraised Value 6/19/23 $5,100,000.00 1.24 54014.4 $94.42 Street #Property Address Structure or Lot/Appraisal Legal Notes Asking Price Lot Size Acres Square Feet Price per Sq. Ft. Assemblage Total Square Feet Assemblage Total Price per Sq. Ft. 1111 S Federal Highway Lot Lots 12, 13 Parker Estates listing price $895,000.$850,000.00 0.35 15246 $55.75 703 S Federal Highway Lot asking price is appraised value $1,568,000.00 0.6392 27843.552 $56.31 Street #Property Address Structure or Lot/Appraisal Legal Date Acquired Sale Price Lot Size Acres Square Feet Price per Sq. Ft. 507-513 NE 2nd Street - Hen Duplexes 507 & 513 NE 2nd Street 3 Structures - Duplexes Appraisal Price $1,055,000.00 Lots 58, 60, 62, 64, 66, 68, 70, 72, C.W. Copp's Add N/A $3,000,000.00 0.6073 26453.988 $113.40 112-216 NE 1st Avenue & NE 1st Street - Fitzpatrick Apartments 112-216 NE 1st & 1st 6 Structures - Apartments Appraisal Price $1,809,000.00 Green Acres Condominium N/A $3,000,000.00 0.6497 28300.932 $106.00 PREVIOUS PROPERTY OFFERINGS TO BOYNTON BEACH CRA BOYNTON BEACH, LLC November 2023 CURRENT LISTINGS ON FEDERAL HIGHWAY SUBJECT PROPERTIES FOR BOYNTON BEACH CRA PURCHASE Hall Properties 1151 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 NEW BUSINESS AGENDA ITEM 14.D SUBJECT: Discussion and Consideration of Purchase of Lot 348-350 NW 11th Avenue SUMMARY: CRA Staff actively pursues the purchase of properties within the BBCRA District in order to spur redevelopment opportunities in accordance with the 2016 Boynton Beach Community Redevelopment Plan. Vacant lots 348 to 350 NW 11th Avenue (Cherry Hill) are located within the Heart of Boynton District (Attachment I). The property is approximately 7,636.07 square feet (0.1753 acres) and zoned R2 Duplex (Attachment II). The future development would be a mixed-use development under the MU Medium Future Land Use Classification. The development potential would allow medium density residential with a maximum density of 11 units per acre and a maximum height of 45'. The CRA has successfully partnered with Habitat for Humanity and the Boynton Beach Faith Based Community Development Corporation in using such infill lots to fulfill its mission of providing affordable housing within the BBCRA Districts. The property is currently listed for sale at $174,900.00 (Attachment III). The broker has advised that the owner would accept $165,000.00 which is the appraised value of the property (Attachment IV). This is comparable to the square footage cost of recent CRA acquisitions in the Heart of Boynton District (Attachment V). This item is being brought before the Board for discussion on the potential purchase of the vacant lot. Due diligence would be performed as part of the purchasing process. FISCAL IMPACT: Purchase Price to be determined by the Board. FY 2023-2024 Budget, Project Fund, Line Item 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Downtown District CRA BOARD OPTIONS: 1. Approve the purchase of the vacant lot 348-350 NW 11th Avenue in the amount to be determined by the CRA Board and authorize the Board Chair to execute a Purchase and Sale Agreement subject to final legal review. 1152 •Attachment I - Heart of Boynton District •Attachment II - Location Map 348-350 NW 11th Ave •Attachment III - Listing-Lots 348-350 NW 11th Avenue •Attachment IV - NW 11 AVENUE James (1) (003) Appraisal •Attachment V - HOB Comparables-Dec 2023 2. Do not approve the purchase of vacant lot 348-350 NW 11th Avenue. 3. Alternative direction as provided by the CRA Board. ATTACHMENTS: Description 1153 105 Heart of Boynton District Introduction Planning Challenges Planning Considerations The Vision Recommendations 1154 106D.District PlansIntroduction The Heart of Boynton District is a 380-acre neighborhood developed predominantly with single-family homes. The neighborhood has several parks, two public schools and numerous churches. Unfortunately, it has been the victim of disinvestment over the last 50 years. The two Census blocks of Tract 61 which encompasses this District have the median household income of $20,848, the lowest in the City. To counter the decline of the neighborhood, in 2001 the CRA and City adopted the Heart of Boynton Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the original plan and add new projects to reflect the current market conditions. A number of recommendations of the original CRA Plan have been implemented, including: • The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace site – Ocean Breeze West – into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the C. Stanley Weaver (C-Canal) canal to the north, I-95 to the west, N.E. 3rd Avenue to the south and the FEC rail line to the east. The area is within walking distance of the Cultural and Downtown Districts. A major arterial road—Seacrest Boulevard—runs through the neighborhood north/south. Martin Luther King, Jr. Boulevard, once lined with locally-owned businesses, runs east/west. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools are STEM schools (Science, Technology, Engineering and Math). There are a number of parks and special use areas within the neighborhood, such as, Carolyn Sims Community Center, Galaxy Park and Scrub and Sara Sims Park. 1155 107 Boynton Beach Blvd.FEC RailroadSeacrest Blvd.MLK, Jr. Blvd. NE 3rd Ave. NNW 3rd St.NW 6th Ave. NE 11th Ave.NE 3rd St.NE 9th Ave. Figure 57: Heart of Boynton District Location Map 1156 108D.District PlansFigure 58: Example of District Planning Challenges Planning Challenges The Heart of Boynton area suffers from an aging and poorly maintained housing stock. The CRA and City, in partnership with local non-profits, continue to develop single-family homes, but there is a need for quality affordable multi-family rental housing. The problem is that—given low median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled through some form of a subsidy. Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that allow loitering and illegal activities for all to see, discouraging people to buy homes or invest in businesses within the area. The District is comprised of small parcels platted in the 1920’s – 1930’s, during Florida’s land boom. The parcels are owned by many different people making assembly of a developable site very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through the neighborhood; clearly, the road is not presently designed at a neighborhood scale. Both Seacrest Boulevard and Martin Luther King, Jr. Boulevard have older, ill-maintained power poles with overhead utilities, causing a “visual blight.” 1157 109 Planning Considerations Several factors were considered in determining the land use designations for the Heart of Boynton District. A future commuter rail station for the planned Tri- Rail Coastal Link service, which will serve the South Florida metropolitan region, is planned for downtown at N.E. 4th between Ocean Avenue and Boynton Beach Boulevard. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a ½ mile radius around the station’s location, including a portion of the Heart of Boynton. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of I-95, exempts all development from the Palm Beach County traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designations overlap. However, because this District is a low- scale neighborhood, no increase in height over 45’ is recommended. Historic District. There are a significant number of historic cottages located along both sides of NE 3rd Avenue and the south side of NE 4th Avenue between N. Seacrest Boulevard and NE 1st Street. In order to protect these cottages while allowing commercial redevelopment of the south side of NE 3rd Avenue, the Plan recommends that: • The historic cottages from the south side of NE 3rd Avenue be relocated to the vacant lots on the north side of NE 3rd Avenue. • On completion of the relocations, a historic district, tentatively called Shepard Funk Addition Historic Cottage District, be created within the block enclosed by N. Seacrest Boulevard, NE 1st Street, NE 3rd Avenue, and NE 4th Avenue. Figure 59: Historically significant cottages in the HOB 1158 110D.District PlansVision The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Recommendations: Streetscape Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping • Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings (including mid-block) along Seacrest BoulevardAddition of canopy street trees • Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Minimum 8’ wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales • Require installation of canopy trees that provide immediate shading at time of construction • Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 1159 111 Figure 60: Seacrest Blvd Streetscape Area Figure 61: MLK JR. Blvd. Streetscape Area Figure 62: MLK JR. Blvd. Street Section 1160 112D.District PlansRecommendations: Land Use The existing land use designations within the Heart of Boynton District are: • Low Density Residential – 5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential – 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential – 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use – 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use (FLU) Classifications within the Heart of Boynton District *Properties located within the TOD may recieve a 25% density bonus * 1161 113 Boynton Beach Blvd.Seacrest Blvd.MLK Jr. Blvd.NW 3rd St.NE 3rd St.NW 6th Ave. NE 9th Ave. N LDR MUM MUL MDR HDR GC I R PBG/I Figure 63: Recommended Land Use for the Heart of Boynton District 1162 114D.District PlansRecommendations: Urban Design • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. • Parking shall be located to the rear or side of the buildings • Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear or side. • When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects 1163 115 Sara Sims Park Expansion Working with residents of the community, the CRA and its consultant created a master plan for the expansion and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. Staff will review the feasibility of converting a portion of Sara Sims Park Master Plan, along the western boundary, from Recreational Land Use to Single Family. This process shall include a public meeting, the Parks and Recreation Board review and recommendation, and CIty Commision approval. Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th Avenues. The CRA is seeking a private development partner to build a multi-family project on the site. Cottage District The CRA owns approximately 5 acres on the block between N.E. 4th and 5th Avenue. The CRA’s goal for this site is to attract a private development partner to build single-family for-sale homes in the style of the surrounding historic cottages. MLK Commercial Leveraging CRA-owned land and economic development grants, the CRA was able to bring a Family Dollar store to the Martin Luther King, Jr. Boulevard corridor in 2015. The CRA owns additional land on the corridor and continues to work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. Figure 65: Sara Sims Expansion Figure 66: Ocean Breeze East Figure 67: Cottage District 1164 116D.District PlansFigure 68: Example of a Commercial Project on MLK Jr. Blvd. 1165 117 Figure 69: Example of Multi Family Project on MLK Jr. Blvd. 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 Produced by ClickFORMS Software 800-622-8727 INVOICE Date:File No. Prepared for: Property Appraised: Work Performed: $ $ $ $ $ $ Total Amount Due:$ Please make checks payable to: 12/04/2023 120123 ROBERT JAMES NW 11TH AVE BOYNTON BEACH, FL 33435 Land Appraisal Report 350.00 Paid In Full 0.00 Sol Appraisals 12631 Yardley Drive Boca Raton, FL 33428 (954) 695-3351 1181 Produced by ClickFORMS Software 800-622-8727 Net=-3% Gross=50% Net=41% Gross=41% Net=50% Gross=50% File No.LAND APPRAISAL REPORT Owner Census Tract Map Reference Property Address City County State Zip Code Legal Description Sale Price $Date of Sale Property Rights Appraised Fee Leasehold De Minimis PUD Actual Real Estate Taxes $(yr)Loan Charges to be paid by seller $Other Sales Concessions Client Address Occupant Appraiser Instructions to AppraiserIDENTIFICATION Intended User Intended Use Location Urban Suburban Rural Good Avg.Fair Poor Built Up Over 75%25% to 75%Under 25%Employment Stability Growth Rate Fully Dev.Rapid Steady Slow Convenience to Employment Property Values Increasing Stable Declining Convenience to Shopping Demand/Supply Shortage In Balance Oversupply Convenience to Schools Marketing Time Under 3 Mos,4-6 Mos.Over 6 Mos.Adequacy of Public Transportation Present Land Use %1 Family %2-4 Family % Apts % Condo % Commercial Recreational Facilities %Industrial % Vacant %Adequacy of Utilities Change In Present Land Use Not Likely Likely(*)Taking Place (*)Property of Compatibility (*) From To Protection from Detrimental Conditions Predominate Occupancy Owner Tenant % Vacant Police and Fire Protection Single Family Price Range $to $Predominant Value $General Appearance of Properties Single Family Age yrs to yrs.Predominant Age yrs Appeal to Market Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise):NEIGHBORHOODDimensions =Corner Lot Zoning Classification Present Improvements do do not conform to zoning regulations Highest and best use Present use Other (specify) Public Other (Describe)TopoOFF SITE IMPROVEMENTS Elec.Street Access Public Private Size Gas Surface Shape Water Maintenance Public Private View San. Sewer Storm Sewer Curb/Gutter Drainage Underground Elect. & Tel.Sidewalk Street Lights Is the property located in a HUD identified Special Flood Hazard Area?No Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditions):SITEThe undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject. For the Market Data Analysis See grid below See narrative attachment SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address Proximity to Subject Sales Price $$$$ Price /$$$$ Data Source +(-)$+(-)$+(-)$Date of Sale and DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTIONAdjustmentAdjustment Adjustment Time Adjustment Location Site/View Sales or Financing Concessions Net Adj.(Total)Plus Minus $Plus Minus $Plus Minus $ Indicated ValueMARKET DATA ANALYSISof Subject $$$ Comments on Market Data Comments and Conditions of Appraisal: Final Reconciliation:RECONCILIATIONI ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF to be $ NL - Land 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Page of Sol Appraisals 120123 ROBERT JAMES 0061.00 45-43-21 NW 11TH AVE BOYNTON BEACH Palm Beach FL 33435 CHERRY HILLS LTS 348 TO 350 INC 0 X 611 (2022) ROBERT JAMES Vacant Scott Eric Rubin To ascertain the subject's current estimated market value. ROBERT JAMES To ascertain the subject's current estimated market value. X X X X X X 70 10 5 10 2 2 1 X X 170,000 492,000 350,000 1 83 51 X X X X X X X X X X X X The subject property is located within an established neighborhood. It is within close proximity to community services including schools, transportation, parks, shopping and places of worship. Fire and police protection are adequate. 102x75 7636 sf R2/R3 X X Building X X X Muncipal Muncipal Muncipal X Asphalt X X X X X Typically Level 7636 SqFt Rectangular Residential Adequate X No apparent adverse easements, encroachments, special assesments or illiegal uses were present at the time of inspection. No non-conforming zoning was observed. X NW 11TH AVE BOYNTON BEACH, FL 33435 0 0 Tax Roll/Realist Average 7636 sf 502 NW 13TH AVE BOYNTON BEACH, FL 33435 0.18 miles NW 170,000 16 MLS/Tax Roll/Realist 10/31/2022 +40,000 Average 10890 sf -45,000 X -5,000 165,000 530 NW 12TH AVE BOYNTON BEACH, FL 33435 0.22 miles W 122,000 31 MLS/Tax Roll/Realist 08/17/2023 Average 3920 sf +50,000 X 50,000 172,000 1084 HIGHLAND RD LAKE WORTH, FL 33462 1.60 miles N 100,000 25 MLS/Tax Roll/Realist 10/11/2023 Average 4003 sf +50,000 X 50,000 150,000 The appraiser has conducted a search of the subject's market neighborhood for properties most similar to the subject. Several sales were found and those selected best represent the current market in the subject's neighborhood, as of the date of inspection. Due to the lack of similar vacant land sales that sold within 1 year, it was necessary to utilize sale one. This sale is the most similar sale to the subject. Sale one was awarded an upward time adjustment since property values are towards increasing within the subject's neighborhood. The appraiser observed other lower vacant land sales, but they auctioned sales and sold over 1 year ago. I have not performed other services regarding the property that is the subject of the work under review within the three-year period immediately preceding acceptance of this assignment. This appraisal was ordered in compliance with Dodd Frank, Appraisal Independence AIR and Mortgagee Letter 2009-28. All sales were considered with most weight awarded to adjusted sale one since it required the least amount of gross adjustments when determining the subject's estimated market value. The subject's estimated market value is supported by the range of sales, before and after adjustments. The subject's estimated market value is $165,000. 12/01/2023 165,000 1 7 1182 Produced by ClickFORMS Software 800-622-8727 File No. This appraisal report is subject to the scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. SCOPE OF WORK:The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report. DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS:The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 3. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 4. The appraiser has noted in this appraisal report any adverse conditions (such as the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent deficiencies or adverse conditions of the property (such as, but not limited to, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. NL - Land Certification 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Page of Sol Appraisals 120123 2 7 1183 Produced by ClickFORMS Software 800-622-8727 File No. APPRAISER'S CERTIFICATION:The Appraiser certifies and agrees that: 1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 3. I performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. I developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise indicated in this report. 5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. I selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. 8. I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 9. I verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale of the subject property. 10. I have knowledge and experience in appraising this type of property in this market area. 11. I am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 12. I obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 13. I have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 14. I have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 15. I stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 16. I have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 17. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event. 18. I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 19. I identified the client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. Page of 2. I performed a complete visual inspection of the subject property. 20. I am aware that any disclosure or distribution of this appraisal report by me or the client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. NL - Land Certification 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Sol Appraisals 120123 3 7 1184 Produced by ClickFORMS Software 800-622-8727 File No. 21. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. SUPERVISORY APPRAISER'S CERTIFICATION:The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. I accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Signature Name Name Company Name Company Name Company Address Company Address Telephone Number Telephone Number Email Address Email Address Date of Signature and Report Date of Signature Effective Date of Appraisal State Certification # State Certification #or State License # or State License #State or Other (describe)State #Expiration Date of Certification or License State Expiration Date of Certification or License SUBJECT PROPERTY ADDRESS OF PROPERTY APPRAISED Did not inspect subject property Did inspect exterior of subject property from street Date of Inspection APPRAISED VALUE OF SUBJECT PROPERTY $Did inspect interior and exterior of subject property CLIENT Date of Inspection Name Company Name COMPARABLE SALES Company Address Did not inspect exterior of comparable sales from street Did inspect exterior of comparable sales from street Email Address Date of Inspection Page of NL - Land Certification 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Sol Appraisals 120123 Scott Eric Rubin Sol Appraisals 12631 Yardley Drive Boca Raton, FL 33428 (954) 695-3351 flyytrap@netscape.net 12/04/2023 12/01/2023 Cert Res RD7483 FL 11/30/2024 NW 11TH AVE BOYNTON BEACH, FL 33435 165,000 ROBERT JAMES 4 7 1185 Produced by ClickFORMS Software 800-622-8727 File No.LOCATION MAP ADDENDUM Borrower Property Address City County State Zip Code Lender/Client Address Page of Sol Appraisals 120123 NW 11TH AVE BOYNTON BEACH Palm Beach FL 33435 ROBERT JAMES 5 7 1186 Produced by ClickFORMS Software 800-622-8727 File No.LOCATION MAP ADDENDUM Borrower Property Address City County State Zip Code Lender/Client Address Page of Sol Appraisals 120123 NW 11TH AVE BOYNTON BEACH Palm Beach FL 33435 ROBERT JAMES 6 7 1187 Produced by ClickFORMS Software 800-622-8727 File No. Borrower Property Address City County State Zip Code Lender/Client Address Page of Sol Appraisals 120123 NW 11TH AVE BOYNTON BEACH Palm Beach FL 33435 ROBERT JAMES 7 7 1188 Street #Property Address Structure or Lot?Date Acquired Purchase Price Lot Size Square Feet Price per Sq. Ft. Status xxx MLK Blvd.Vacant Lot October-14 $130,000.00 0.1607 7000.092 $18.57 MLK Corridor redevelopment 308 NE 10th Avenue Vacant Lot - Structure demo'd April-05 $225,000.00 0.178 7753.68 $29.02 MLK Corridor redevelopment xxx NE 10th Avenue Vacant Lot October-16 $19,000.00 0.1779 7749.324 $2.45 MLK Corridor 211 NE 9th Avenue Vacant Lot May-18 $53,000.00 0.1738 7570.728 $7.00 To be added to the properties aka MLK South for Mixed Use Development 231 NE 9th Avenue Vacant Lot - Structure demo'd April-14 0.1726 MLK Corridor redevelopment xxx NE 10th Avenue-MLK Vacant Lot-Purchased w/ 231 NE 9th Ave April-14 0.1779 MLK Corridor redevelopment xxx NE 10th Avenue-MLK Vacant Lot-Purchased w/ 231 NE 9th Ave April-14 0.1779 MLK Corridor redevelopment 235 NE 9th Avenue Vacant January-06 $249,000.00 0.1725 7514.1 $33.14 MLK Corridor redevelopment xxx NE 4th Avenue Vacant Lots November-09 $300,000.00 0.8619 37544.364 $7.99 Cottage District xxx NE 4th Ave Vacant January-07 $475,000.00 0.7404 32251.824 $14.73 Cottage District 508 N. Seacrest Blvd.Vacant Lot - Structure demo'd October-07 $545,000.00 0.1117 $24.34 Cottage District 103 NE 4th Avenue Vacant Lot - Structure demo'd-Purchased w/ 508 N. Seacrest October-07 0.1657 Cottage District 105 NE 4th Avenue Vacant Lot - Structure demo'd-Purchased w/ 508 N. Seacrest October-07 0.2367 Cottage District 121 NE 4th Avenue Vacant Lot - Structure demo'd August-14 $155,000.00 0.2757 12009.492 $12.91 Cottage District 127 NE 4th Avenue Vacant Lot - Structure demo'd June-07 $200,000.00 0.2757 12009.492 $16.65 Cottage District 145 NE 4th Avenue Vacant Lot-Structure demo'd January-20 $205,000.00 0.1723 7505.388 $27.31 Cottage District CCC merged w/ Feed So. FL and moved out of bldg 3/30/20; house was boarded up and No Trespass Agreement signed; getting ready for demo - also $45,000 was given to CCC for relocation fees 118 NE 5th Avenue Vacant Lot - Structure demo'd April-07 0.159 Cottage District 122 NE 5th Avenue-Purchased w/ 118 NE 5th Avenue Vacant Lot - Structure demo'd April-07 0.1586 Cottage District 136 NE 5th Avenue-Purchased w/ 118 NE 5th Avenue Vacant Lot - Structure demo'd April-07 0.1583 Cottage District 140 NE 5th Avenue-Purchased w/ 118 NE 5th Avenue Vacant Lot - Structure demo'd April-07 0.158 Cottage District 144 NE 5th Avenue-Purchased w/ 118 NE 5th Avenue Vacant Lot - Structure demo'd April-07 0.1547 Cottage District 511 NE 1st Street Vacant Lot - Structure demo'd October-07 $210,000.00 0.1494 6507.864 $32.27 Cottage District 114 NE 5th Avenue Vacant Lot - Structure demo'd June-08 $187,500.00 0.1137 4952.772 $37.86 Cottage District 517 NE 1st Street Vacant Lot - Structure demo'd October-14 $74,000.00 0.2299 10014.444 $7.39 Cottage District 515 NE 1st Street Vacant Lot - Structure demo'd May-15 $130,000.00 0.1379 6006.924 $21.64 Cottage District 407 NE 1st Avenue Vacant Lot - Structure demo'd November-20 $268,000.00 0.1742 7588.152 $35.32 Misc. XXX E. MLK Blvd.Vacant Lots May-21 $175,000.00 0.4821 21000.276 $8.33 115 NE 4th Avenue Vacant Lot - Structure demo'd July-21 $275,000.00 0.1148 5000.688 $54.99 Cottage District 133 NE 4th Avenue Vacant Lot - Structure demo'd July-21 $300,000.00 0.1723 7505.388 $39.97 Cottage District TOTALS 5,057,500$ 6.5943 287,247.71 $17.61 Street #Property Address Structure or Lot?Asking Price Lot Size Acres Square Feet Price per Sq. Ft. James Property Lots 348-350 NW 11th Avenue Vacant Lot Listed @ $174,900- Asking Price is appraised value $165,000.00 0.1753 7636.068 $21.61 Street #Property Address Structure or Lot/Appraisal Date Acquired Sale Price Lot Size Acres Square Feet Price per Sq. Ft. BOYNTON BEACH CRA PROPERTY INVENTORY As of October 2023 $825,000.00 34351.416 $24.02 PREVIOUS PROPERTY OFFERINGS TO BOYNTON BEACH CRA SUBJECT PROPERTY FOR BOYNTON BEACH CRA PURCHASE $57,000.00 23017.104 $2.48 22394.196 1189 321 E. MLK Blvd.Structure (Single Family Home)N/A $315,000.00 0.1607 7000.092 $45.00 334 NE 11th Avenue Structure (Rental)N/A $305,000.00 0.1722 7501.032 $40.66 507 & 513 NE 2nd Street Structures (Rental)N/A $3,000,000.00 0.6073 26453.988 $113.40 1190 •Attachment I - December Social Media Overview •Attachment II - December Facebook & Instagram Posts COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 15.A SUBJECT: Social Media & Print Marketing Update SUMMARY: Throughout the month of December, a variety of social media posts were made to promote various BBCRA initiatives and projects, as well as, a variety of local businesses that operate within the BBCRA area. Social Media BBCRA Project Posts: Promoted the NOP's Job Fair. BBCRA Event Posts : Promoted the Holiday Boat Parade and Snapshots with Santa business promotional activation. Business Promotional Posts : Utilized Facebook and Instagram feed and stories to promote a variety of businesses, such as: Bailey's Blendz, Common Grounds, and Salon South Flow. See Attachment I for an overview of the social media and print marketing that were published in December and Attachment II for a full listing of the Facebook and Instagram posts that were shared. FISCAL IMPACT: FY 2022-2023 Budget, Project Fund Line Item 02-58500-480 - $450 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 1191 SOCIAL MEDIA & PRINT MARKETING OVERVIEW 1192 SOCIAL MEDIA –PROJECT POSTS 1193 SOCIAL MEDIA –EVENT POSTS 1194 SOCIAL MEDIA –EVENT POSTS 1195 SOCIAL MEDIA -BUSINESS POSTS 1196 December Facebook & Instagram Posts 1197 December Facebook & Instagram Posts 1198 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 15.B SUBJECT: CRA Economic & Business Development Grant Program Update SUMMARY: The CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent and commercial property improvements. The grant programs continue to further the CRA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Grant guidelines and applications can be downloaded from the CRA website www.boyntonbeachcra.com. Below is a status report of the CRA's Economic Development Grant Programs and Business Development activities for FY 2023-2024: FY 2023-2024 Budget $600,000 Grants Awarded Since October 10, 2023 ($203,361) Remaining Fund Balance as of 1/8/24: $396,639 List of CRA Board approved Economic Development Program Grantees since October 10, 2023: FY2023-2024 CRA Economic Development Grant Recipients Business Name Business Address Business Type Grant Funds Approved Total Funds Disbursed Year-to- Date 1199 Squeeze and Drip Boynton Beach LLC d/b/a The Seed 1600 N. Federal Highway, Unit 14-15 Bakery and Coffee Shop Rent Reimbursement $24,000 $6,000 Trilogy Fitness & MMA LLC 1550 N. Federal Highway, Unit 4-10 Fitness Center Rent Reimbursement $21,000 $0 Nate & Maddie LLC d/b/a ROK Prime Korean BBQ 1729 S. Federal Highway Restaurant Rent Reimbursement Property Improvement $74,000 $0 Stoic Financial LLC 1200 S. Federal Highway, Suite 201 Professional Office Rent Reimbursement $18,000 $3,000 Bi-Square Inc. 1080 S. Federal Highway Commercial Building Property Improvement $22,185 $0 Pending Board approval January 18, 2024 Dimensional Health Care LLC 458 N. Federal Highway, Unit 5 Medical Office Rent Reimbursement Property Improvement $44,176 $0 No New Business Tax Receipts issued in December 2023 within the CRA boundaries. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58400-444, $600,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. 1200 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 18, 2024 CRA PROJECTS IN PROGRESS AGENDA ITEM 15.C SUBJECT: MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - January 2024 SUMMARY: The MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project will provide 124 affordable multi-family rental units, as well as, 8,250 square feet of leasable commercial space (Attachments I-III). Since the last CRA Board meeting, the following progress has been made (see Attachment IV): East Building Centennial Management Corp. (CMC) is working on the metal roof, installing the appliances in the units and site electrical service. Drywall, molding, hot water heater, tile, lighting, windows, doors, balcony railings and cabinets have been installed on the rental units. The electrical, plumbing, and elevator are also being installed in the building. North Building CMC is working on the site hardscaping, landscaping, and interior finishes. Drywall, dishwashers, ovens, microwaves, electrical, plumbing fixtures, molding, hot water heater, tile, windows, doors, balcony railings and cabinets have been installed on the rental units. The elevator is being installed in the building. West Building CMC is working on the metal roof and installing appliances in the units. Drywall, dishwashers, molding, hot water heater, tile, lighting, windows, doors, balcony railings and cabinets have been installed on the rental units. The electrical, plumbing, and elevator are also being installed in the building. The CRA staff is continuing to coordinate with CMC on leasing the commercial spaces. The construction timeline estimates the Project will be completed in the Winter of 2023. Until completion, monthly project construction updates will be provided to the CRA Board. FISCAL IMPACT: Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $625,750 and Commercial/Retail Component $2,025,815 (commercial component); TIRFA $1,630,280 and $433,008.45 Second Development Agreement for the 1201 •Attachment I - MLK Jr Blvd Project Site Plan - North •Attachment II - MLK Jr Blvd Project Site Plan - South •Attachment III - MLK Jr. Blvd. Mixed Use Development Project Renderings •Attachment IV - Construction Progress Photos Residential Component. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 1202 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 1' = 20'-0"0 10'20'40'A-1 ARCHITECTURAL SITE PLAN ARCHITECTURAL SITE PLAN AS-101 NOT TO SCALEA-3 KEY PLAN AS-101 1 NORTH PARCEL SOUTH PARCEL CL CL 1/16" = 1'-0"0 8'16'32'A-2 TURNING RADIUS DETAIL EAST MARTIN LUTHER KING JR. BLVD. NE 11th AVENUE 7 8 11 COMMERCIAL 4,294 SF 6 COMMERCIAL 4,236 SF 9 8 10 10 COVERED BIKES RACKS SEE DETAIL D4/AS-102 3 3 FH 5 5 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 E.V.CHARGING STATIONS (5) FFE 16.5 FFE 16.5 15.04 14.75 14.33 14.19 BENCHS NOT TO SCALED1PRE-CAST SITE WALL DETAIL PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE WALL COLUMN FOOTING COLUMN FOOTING BOLARD SEE DETAIL A1/AS-102 1 DART COMMENTS 09-10-2020 1 1 2 1 1 2 1 1 2 1 1- SITE PLAN SHALL MEET CPTD DESIGN STANDARDS 2- BUILDING TO BE FULLY SPRINKLERED NOTES: 3- ALL PORTION OF BLDG AREA WITH 450 OF F.D. ACCESS PER NFPA 1-18.2.3.2.2 STREET SPACE SHALL BE PROVIDED PER SECTION 18.2(a) THROUGH (c) OFF THE REQUIRED PROJECT IMPROVEMENTS AND SHALL BE DETAILED AS SUCH IN PERMIT PLAN 1 OUTDOOR SEATING AREA 846 SF OUTDOOR SEATING AREA 846 SF PUBLIC EVENT PLAZA 2,090 SF TRASH AREA2 2 2 2 2 2 2 DART COMMENTS 09-21-2020 NORTH 2 2 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 2 EAST MARTIN LUTHER KING JR. BLVD.WELLS LANDINGNORTHBUILDING2% SLOPE FFE 16.5 FFE 15.0 1/8" = 1'-0"0 4'8'16'D2 STREET - PLAZA SECTION A A A 1 3 DART COMMENTS 10-08-2020 3 3 3 3 1203 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 38-9" ROOF TOP 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 38-9" ROOF TOP 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 38-9" ROOF TOP 38-9" ROOF TOP 38-9" ROOF TOP 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 ELEVATION PLAN A-201 3/32" = 1'-0"0 8'16'24'A-1 SOUTH ELEVATION 3/32" = 1'-0"0 8'16'24'A-2 NORTH ELEVATION 3/32" = 1'-0"0 8'16'24'A-3 WEST ELEVATION 3/32" = 1'-0"0 8'16'24'A-4 EAST ELEVATION 3/32" = 1'-0"0 8'16'24'A-5 CENTRAL - PLAZA WEST ELEVATION 3/32" = 1'-0"0 8'16'24'A-6 CENTRAL - PLAZA EAST ELEVATION ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT 1 DART COMMENTS 09-10-2020 1 1 1 1 11 1111 2 DART COMMENTS 09-21-2020 NORTH 2 3 DART COMMENTS 10-08-2020 3 3 3 3 1204 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 COLOR ELEVATION PLANS A-202 NOT TO SCALEA-1 SOUTH ELEVATION NOT TO SCALEA-2 NORTH ELEVATION NOT TO SCALEA-3 WEST ELEVATION NOT TO SCALEA-4 EAST ELEVATION 1 DART COMMENTS 09-10-2020 1 01 02 03 04 05 06 07 A-5 MATERIAL & COLOR LEGENDS A-6 MATERIAL NOTES STANDING SEAM METAL ROOF. ON THE ROCKS (SW7671) BY SHERWIN WILLIAMS OR SIMILAR 1.ALL ROOF DRAINS: ALL INTERNAL AND DOWNSPOUTS OR RAIN WATER LEADERS WILL BE CONCEALED IN ARCHITECTURAL ELEMENTS. 2.ALL EQUIPMENT OTHER THAN FIRE APARATUS SHALL BE PAINTED TO MATCH BUILDING COLORS CONCRETE PANEL SCORED STUCCO & STUCCO: SPARE WHITE (SW6203) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: TOPIARY TINT (SW6449) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: BLUEBELL (SW6793) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: PINEAPPLE CREAM (SW1668) BY SHERWIN WILLIAMS OR SIMILAR PAINT: GREEK VILLA (SW7551) BY SHERWIN WILLIAMS OR SIMILAR 2 DART COMMENTS 09-21-2020 NORTH 2 01 01 01 01 01 01 01 01 01 01 01 01 01 0202 02 02 02 02 0202 03 03 03 03 03 03 03 03 0303 03 0303 03 03 03 03 04040404 04 04 04 04 04 0404 04 0505 05 05 0505 05 05 0606 06 06 0606 06 07 0707 07 07 07 07 07 07 07 0707 2 2 2 03 03 1205 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 FIRST AND SECOND FLOOR PLAN A-101 1/8" = 1'-0"0 4'8'16'A-1 FIRST FLOOR PLAN 1/8" = 1'-0"0 4'8'16'A-2 SECOND FLOOR PLAN 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" OPEN COVERED PLAZA COMMERCIAL #1 COMMERCIAL #2 COMMERCIAL #3 COMMERCIAL #4 COMMERCIAL #5 COMMERCIAL #6 COMMERCIAL #7 COMMERCIAL #8 LOBBY COMMON TRASH ROOM 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 2 DART COMMENTS 09-21-2020 NORTH 2 333 3 3 3 3 DART COMMENTS 10-08-2020 1206 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 THIRD FLOOR PLAN A-102 1/8" = 1'-0"0 4'8'16'A-1 THIRD FLOOR PLAN 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 2 DART COMMENTS 09-21-2020 NORTH 2 1207 EAST MARTIN LUTHER KING JR. BLVD. NE 9th AVENUE NE 11th AVENUE 14 13 ZONE DISTRICT: C-2 Gross Land: 55,183 (s.f.) Net Land: 1.27 acres Water Bodies: 0 LANDSCAPE LEGEND - COMMERCIAL (NORTH) REQ.PROV. TOTAL NUMBER OF TREES (ALL PALMS IN 3:1 RATIO) 292 Note: All pervious areas must be landscaped with lawn, groundcover, and/or shrubbery. STREET TREES (South - East MLK Blvd.): 300 l.f. (1 tree / 20 l.f.)15 TOTAL NUMBER OF SHRUBS, GROUNDCOVERS 60 1,363 63 15 PERIMETER BUFFER Requirements: North (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. PERIMETER BUFFER Requirements: West (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. PERIMETER BUFFER Requirements: East (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. 15 98 (295 L.F.) 15 (295 L.F.) 15 96 (287 L.F.) 15 (287 L.F.) * IRRIGATION SHALL BE PROVIDED AT TIME OF PERMIT * ALL PARKING ISLANDS SHALL BE LANDSCAPED WITH GROUNDCOVER MATERIAL 103 117 15 98 (295 L.F.) 15 (295 L.F.) 133 155% OF SHRUBS SHALL BE BUTTERFLY-ATTRACTIVE 219 DESCRIPTIONQUAN.SYMBOL PROPOSED MATERIAL SHRUBS AND GROUNDCOVERS DESCRIPTIONQUAN.SYMBOL PROPOSED MATERIAL TREES LANDSCAPE LIST - NORTH PARCEL ST. AUGUSTINE GRASS Stenotaphrum secundatum 'Floratam'SOLID EVEN SODLAWNAs Required 12 14' HT. X 6' SPR. 4" DBH. F.G. 10 31 3 F.G., "CHARACTER" SPECIMENGUMBO LIMBO *Bursera simaruba 14' HT. X 6' SPR. 4" DBH. 14' HT. X 6' SPR. 4" DBH.*Coccoloba diversiflora PIGEON PLUM F.G. Tabebuia heterophylla PINK TRUMPET TREE 10' HT. X 5 SPR., 2" DBH. F.G. 27CV 172DE 635FM 347IT 154JV 167MC 435PM Codieaum variegatum 'Mammey' RED - YELLOW CROTON 3 GAL. 18" HT. X 18" SPR. / 18" O.C. 3 GAL. 18" HT. X 18" SPR. / 18" O.C. Duranta erecta 'Gold Mound' GOLD MOUND DURANTA Ficus microcarpa 'Green Island' GREEN ISLAND FICUS 3 GAL. 15" HT. X 15" SPR. / 18" O.C. DWARF IXORA Ixora taiwanese 'Dwarf'18" HT. X 18" SPR. / 18" O.C. 3 GAL. * DENOTES NATIVE SPECIES 24" HT. X 24" SPR. / 24" O.C.Jasmine volubile WAX JASMINE 3 GAL. 3 GAL. 24" HT. X 24" SPR. / 30" O.C. *Muhlenbergia capillaris PINK MUHLY GRASS 7 GAL. 36" HT. X 24" SPR. / 24" O.C. Podocarpus macrophyllus PODOCARPUS [BUTTERFLY ATTRACTIVE] LIVE OAK "HIGH RISE" *Quercus virginiana 'High Rise' 6 5 F.G., TOPIARY 12'-14' O.A. HT.Elaeocarpus decipiens JAPANESE BLUEBERRY 32AC 15HP Asclepias curassavica MILKWEED 3 GAL. 24" HT. X 24" SPR. / 24" O.C. [BUTTERFLY ATTRACTIVE] [BUTTERFLY ATTRACTIVE] 24" HT. X 24" SPR. / 24" O.C.Hamelia patens 'compact' DWARF FIREBUSH 3 GAL. Ptychosperma elegans 'single'20' O.A. HT., SINGLE F.G.SINGLE ALEXANDER PALMS 14CG2 *Clusia guttifera SMALL LEAF CLUSIA 7 GAL. 36" HT. X 24" SPR. / 24" O.C. NORTHSHEET INDEX: L-1 INDEX L-2 LANDSCAPE PLAN L-3 LANDSCAPE DETAILS Scale: 1" = 40'-0" KEY PLAN Drawing: Index Date: 06/17/2020 Scale: See Left Drawn by: LDC Sheet No.: L-1 Cad Id.: 2020-021WELLS LANDING - NORTHBOYNTON BEACH, FLINDEX09.24.20201) DART Comments / Site Plan LDC Seal: Lic. # LA0000889 Member: A.S.L.A.Project:Revisions:By:Date:307 south 21st avenue hollywood, floridaphone: 954.923.9681 facsimile: 954.923.9689www.witkindesign.com©2020 WITKIN HULTS + PARTNERS THE DESIGN AND DRAWINGS HEREIN ARE THE INTELLECTUAL PROPERTY OF THIS LANDSCAPE ARCHITECT AND ARE PROTECTED UNDER THE COPYRIGHT PROTECTION ACTL-2 SEE SOUTH PARCEL LANDSCAPE PLANS FOR LANDSCAPE IN THIS AREA IRRIGATION NOTE: 100% IRRIGATION COVERAGE WILL BE PROVIDED AT TIME OF PERMITTING SABAL PALMS (IF APPLICABLE) ARE TO BE INSTALLED WITH FRONDS CUT AT 10-2, NOT HURRICANE CUT ALL PALMS OVER 12' C.T. SHALL HAVE SQUARE ROOTBALLS AND 4"x4" BRACES ALL PALMS OVER 12' C.T. SHALL HAVE SQUARE ROOTBALLS AND 4"x4" BRACES ALL TREES AND PALMS SHALL BE FLORIDA GRADE 1 AT TIME OF PLANTING. ANY PRUNING SHALL BE DETERMINED BY THE LANDSCAPE ARCHITECT AND/OR AN ARBORIST FIRE DEPARTMENT ACCESS ROADS SHALL HAVE AN UNOBSTRUCTED VERTICAL CLEARANCE OF NOT LESS THAN 14' NFPA IF APPLICABLE, SAFETY CAPS SHALL BE INSTALLED ON ALL #5 REBAR USED FOR TREE BRACING 1 1 1 1208 EAST MARTIN LUTHER KING JR. BLVD.20'-0" O.C.,TYP.LAWN NE 11th AVENUE LAWNLAWNDOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW COMMERCIAL COMMERCIAL 13 LAWNLAWNDOUBLE ROW DOUBLE ROW LAWN2'-0" PARKING OVERHANG, TYP. 20'-0" O.C., TYP.20'-0" O.C.,TYP.2'-0" PARKING OVERHANG, TYP.20'-0" O.C.,TYP.LAWN FM 53 IT 32 CV 3 FM 55 FM 53 IT 75 CV 3 MC 10 HP 15 FM 55 CG2 14 FM 50 IT 50 CV 3 MC 10 FM 30 IT 8 CV 3 MC 5 IT 62 CV 3 MC 12 FM 72 FM 40 IT 60 CV 3 MC 20 FM 50 IT 20 CV 3 MC 7 20'-0" O.C., TYP. DE 27 FM 25 EXISTING TREE TO REMAIN, TYP. (SEE NORTH PARCEL DISPOSITION PLANS FOR DETAILS)15'-0"15'-0"15'-0"15'-0" SIGHT-TRIANGLE, TYP. (ANY LANDSCAPE WITHIN SHALL BE MAINTAINED AT 18" HT. MAX.)15'-0"15'-0"15'-0"15'-0" MC 8 IT 40 PM 24 SEE "LARGE TREE PLANTING DETAIL" ON SHEET L-3 FOR BRACING DETAILS LAWN FM 67 CV 3 DE 80 MC 20 JV 62 PM 252 FM 60 CV 3 DE 65 MC 15 JV 92 PM 159 DOUBLE ROWDOUBLE ROW FM 25 MC 60 5 BEDS 5 BEDS AC 32 SEE "LARGE TREE PLANTING LAWN NORTH Scale: 1" = 20'-0" LANDSCAPE PLAN Drawing: Landscape Plan Date: 06/17/2020 Scale: See Left Drawn by: LDC Sheet No.: L-2 Cad Id.: 2020-021WELLS LANDING - NORTHBOYNTON BEACH, FLLANDSCAPE PLANSeal: Lic. # LA0000889 Member: A.S.L.A.Project:Revisions:By:Date:307 south 21st avenue hollywood, floridaphone: 954.923.9681 facsimile: 954.923.9689www.witkindesign.com©2020 WITKIN HULTS + PARTNERS THE DESIGN AND DRAWINGS HEREIN ARE THE INTELLECTUAL PROPERTY OF THIS LANDSCAPE ARCHITECT AND ARE PROTECTED UNDER THE COPYRIGHT PROTECTION ACT SEE SOUTH PARCEL LANDSCAPE PLANS 09.24.20201) DART Comments / Site Plan LDC 1 1209 Know what'sR1210 74-2018No.DescriptionDateAA26001731123456EDCBA123456EDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENTƑ WILLIAM J. GALLO FL AR0008440Ƒ BRIAN P. HERBERT FL AR0015474MARTIN LUTHERKINGCOMMUNITYNORTHBOYNTON BEACH, FL 33435PRIOR TO SUBMITTING THE BID, THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS AND INFORM THE ARCHITECT ANDTHE ENGINEER OF ANY DISCREPANCY BETWEEN THESE DOCUMENTS AND THE EXISTING CONDITIONS AND SHALL INCLUDE IN THE BID TOCORRECT THE SAME AS DIRECTED. THE ENGINEERS ARE NOT RESPONSIBLE FOR ANY ADDITIONAL COSTS RESULTING FROM VERIFIABLEEXISTING CONDITIONS DISCOVERED AFTER CONTRACT HAS BEEN AWARDED. NO CHANGES SHALL BE MADE TO THESE PLANS WITHOUTPRIOR APPROVAL FROM THE ENGINEER OF RECORD. ALL CHANGES SHALL BE SUBMITTED FOR REVIEW PRIOR TO INSTALLATION. NOT FOR BID UNTIL PERMIT HAS BEEN ISSUED.3601 NW 2ND AVEBOCA RATON, FL 33431CERTIFICATION OFAUTHORIZATIONNO. 31989elec dept.TEL:954-644-9612mech dept.TEL:561-716-7120PM:SK1DART COMMENTS2020-09-09SITE PHOTOMETRICSPLANNORTHEPH-101N1' = 20'-0"010'20'40'Luminaire ScheduleSymbolQtyLabelArrangementLLFDescription4WSINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMF / Wall Mount10SASINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMFCalculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinParking LotIlluminanceFc2.555.01.02.555.00SpillIlluminanceFc0.040.30.0N.A.N.A.1211 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 334351' = 20'-0"010' 20'40'ARCHITECTURALSITE PLANSOUTH PARCELAS-101NE 9th AVENUEENENOT TO SCALESOUTH WESTUTESWWBUILDINGBINNNLOADINGTRASH CHUTEAS-101 1SOUTH PARCELSSSOUTH EASTSOH ESSBUILDINGILDGA-101 1A-103 1LOADINGTRASH CHUTE6910393668810TRASHASASROOMMMMOMOMOOMRMOMMROOMOMMROOROOOOOOOOMROOMROOMTRASHHHSHSHSHHHSSHSHSHSSSSSSSROOMROOOROOROOOOASINGLEAFITNEESS710710998888810COMMONCCCCCCCCCCCCCCCCCCCCCCCCCNNNNNNNNNNNOO1091- SITE PLAN SHALL MEET CPTDDESIGN STANDARDS2- BUILDING TO BE FULLY SPRINKLERED3- DEVELOPER TO EXPLORE CROSSACCES EASEMENT W/ CVS SITENOTES:Note # 3FHFHFHFH1/16" = 1'-0"0 8' 16' 32'E.V..VCHARGINGCHGINSTATIONS (5)TATNS BENCHSNCNOT TO SCALE11116'-0" PRECAST'-0RECTCONCRETE WALLCOCRWTECAS6'-0" PRE6'PRTSALLTEWACONCRETCCE WLS-101A3/ASEE DETAIL ADEAL AS-ASCLCCCLCCPRE CASTCONCRETE CAPPRE CASTCONCRETECAPPRE CASTCONCRETE CAPPRE CASTCONCRETEWALLCOLUMNFOOTINGCOLUMNFOOTING15.0414.7514.3314.19114.12FFE 16.5FFE 16.5FFE 16.5E 16.5FFEFFE 16.50ECHARGINGCRGGGGSTATIONSSIO1BOLARDOOOSEE DETAIL A1/AS-102SEE DETAIL A1/AS 102SEE DETAIL A1/AS 102BOLARDSEE DETAIL A1/AS-10210DDCOVEREDDDDDKKSBIKES RACKKK02AAS-10SEE DETAIL D4/AAA2AACOVEREDOEDBIKES RACKSBIKRASEE DETAIL D4/AS-102E DAIL/A024- ALL PORTION OF BLDG AREA WITH 450OF F.D. ACCESS PER NFPA 1-18.2.3.2.2LESS THAN 150'-0"IRRIGATION TO BEIRRIGATION TO BEPROVIDED TO PLANTERSIRRIGATION TO BEPROVIDED TO PLANTERSSTREET SPACE SHALL BE PROVIDED PER SECTION 18.2(a) THROUGH (c)OFF THE REQUIRED PROJECT IMPROVEMENTS AND SHALL BE DETAILEDAS SUCH IN PERMIT PLAN101000SHADED SEATING548 S.F.LINEAR PLAZALNEAARPLAAZAAAAZLAPRAENLAZAALPAREANLIAAZLAPRAENLAZAALPAREANLI2,021 S.F.,01,2101022 021 S F20221SF21022SFSF S.FSF S.F.F02,2,2,02021 S1 S.F.FOPEN PLAY AREA3,500 S.F.MOUNTABLE CURBPUBLIC PLAZA443 S.F.1DART COMMENTS 09-10-20202DART COMMENTS 09-21-202032322222220'-0" FIRE LINE SOUTH2FFFFFFFFFFFFFFFFFFFF222223NEIGHBORHOOD COMMERCIAL (1)IGORODOMRCL (1OONEIGHBORHHOOD COMMERCIAL (2)NGHBHHOD CMMCIA2)RRRESIDENTIALIDIADUPLEX R-2DUX 3DART COMMENTS 10-08-202033333331212 11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435ELEVATION PLANSOUTH WEST BLDG.A-2033/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'3/32" = 1'-0"08'16'24'ROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENT2DART COMMENTS 09-21-2020SOUTH2221213 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435COLOR ELEVATIONPLANSSOUTH WEST BLDG.A-2041DART COMMENTS 09-10-202011. ALL ROOF DRAINS: ALL INTERNAL AND DOWNSPOUTS ORRAIN WATER LEADERS WILL BE CONCEALED INARCHITECTURAL ELEMENTS.2. ALL EQUIPMENT OTHER THAN FIRE APARATUS SHALL BEPAINTED TO MATCH BUILDING COLORS3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'3/32" = 1'-0"08'16'24'2DART COMMENTS 09-21-2020SOUTH201020304050607STANDING SEAM METAL ROOF. ON THE ROCKS(SW7671) BY SHERWIN WILLIAMS OR SIMILARCONCRETE PANELSCORED STUCCO & STUCCO: SPARE WHITE(SW6203) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: TOPIARY TINT(SW6449) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: BLUEBELL(SW6793) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: PINEAPPLE CREAM(SW1668) BY SHERWIN WILLIAMS OR SIMILARPAINT: GREEK VILLA(SW7551) BY SHERWIN WILLIAMS OR SIMILAR222010101010101010101010101010101010101010101010101010102030303030303030303030303030303030303030303030303030303030303030404040404040404040405050505050505050505050506060606060606060707070707070707071214 12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435ELEVATION PLANSOUTH EAST BLDG.A-2013/32" = 1'-0"08'16'24'3/32" = 1'-0"08' 16'24'3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"0 8' 16' 24'ROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENT2DART COMMENTS 09-21-2020SOUTH21215 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435COLOR ELEVATIONPLANSSOUTH EAST BLDG.A-2021DART COMMENTS 09-10-202011. ALL ROOF DRAINS: ALL INTERNAL AND DOWNSPOUTS ORRAIN WATER LEADERS WILL BE CONCEALED INARCHITECTURAL ELEMENTS.2. ALL EQUIPMENT OTHER THAN FIRE APARATUS SHALL BEPAINTED TO MATCH BUILDING COLORSNOT TO SCALENOT TO SCALENOT TO SCALENOT TO SCALE2DART COMMENTS 09-21-2020SOUTH2010304050607STANDING SEAM METAL ROOF. ON THE ROCKS(SW7671) BY SHERWIN WILLIAMS OR SIMILARSCORED STUCCO & STUCCO: SPARE WHITE(SW6203) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: TOPIARY TINT(SW6449) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: BLUEBELL(SW6793) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: PINEAPPLE CREAM(SW1668) BY SHERWIN WILLIAMS OR SIMILARPAINT: GREEK VILLA(SW7551) BY SHERWIN WILLIAMS OR SIMILAR22201010101010101010101010101010101010101010101010101010101010101030303030303030303030303030303030303030303030303030303030303040404040404040404040404050505050505050505050506060606060606060606060607070707070707070707070707070707071216 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435FIRST AND SECONDFLOOR PLANSOUTH EAST BLDG.A-1013/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'2 BEDROOMS UNIT2BTYPE "B"2 BEDROOMS UNIT2TYPE "C"2 BEDROOMS UNIT222TYPE "C"1 BEDROOM UNITTYPE "D"2 BEDROOMS UNITTTTYPE "C"2 BEDROOMS UNITTTTTTYPE "C"COMMONNNNTRASHROOM2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2 BEDTYPE "B"2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2BEDTYPE "B"2 BEDROOMS UNIT22TYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTTTYPE "D"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNIT2BTYPE "B"2 BEDROOMS UNIT2TYPE "C"2 BEDROOMS UNIT22TYPE "C"1 BEDROOM UNITTYPE "D"2 BEDROOMS UNITTTYPE "C"2 BEDROOMS UNITTTTYPE "C"2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2 BEDTYPE "B"2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2BEDTYPE "B"2 BEDROOMS UNIT22TYPE "B"2 BEDROOMS UNITNTYPE "B"2 BEDROOMS UNITTTTTYPE "D"2 BEDROOMS UNITNTYPE "B"2 BEDROOMS UNITBBTYPE "B"2 BEDROOMS UNITTTTTTTYPE "E"2DART COMMENTS 09-21-2020SOUTH2PORCHPORCHPORCHPORCHPORCH222221217 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435THIRD & FOURTHFLOOR PLANSOUTH EAST BLDG.A-1023/32" = 1'-0"0 8' 16' 24'3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"2 BEDROOMS UNITTYPE "C"3/32" = 1'-0"08' 16'24'2 BEDROOMS UNITTYPE "B"1 BEDROOM UNITTYPE "D"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "E"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "E"3 BEDROOMS UNITTYPE "A"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "E"2DART COMMENTS 09-21-2020SOUTH21218 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435FIRST & SECONDFLOOR PLANSOUTH WEST BLDG.A-1033/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "C"COMMONTRASHROOMCOMMON1 BEDROOM UNITTYPE "F"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "C"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"2DART COMMENTS 09-21-2020SOUTH2221219 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435THIRD & FOURTHFLOOR PLANSOUTH WEST BLDG.A-1043/32" = 1'-0"0 8' 16' 24'3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"2DART COMMENTS 09-21-2020SOUTH221220 EAST MARTIN LUTHER KING JR. BLVD.NE 9th AVENUENE 11th AVENUE1413ZONE DISTRICT: C-2Gross Land: 117,428 (s.f.) Net Land: 2.70 acres Water Bodies: 0LANDSCAPE LEGEND - RESIDENTIAL (SOUTH)REQ.PROV.TOTAL NUMBER OF TREES (SMALL PALMS IN 3:1 RATIO)180 Note: All pervious areas must be landscaped with lawn, groundcover, and/or shrubbery.21TOTAL NUMBER OF SHRUBS, GROUNDCOVERS752,32310621PERIMETER BUFFER Requirements: West (Commercial)(1) 14' ht. tree for every 20 l.f.(1) 36" ht. shrub for every 3 l.f.PERIMETER BUFFER Requirements: East (Commercial)(1) 14' ht. tree for every 20 l.f.(1) 36" ht. shrub for every 3 l.f.1278(235 L.F.)12(235 L.F.)* IRRIGATION SHALL BE PROVIDED AT TIME OF PERMIT* ALL PARKING ISLANDS SHALL BE LANDSCAPED WITH GROUNDCOVER MATERIAL10015102(305 L.F.)15(305 L.F.)108STREET TREES (North - East MLK Blvd.): 418 l.f. (1 tree / 20 l.f.)2727STREET TREES (South - NE 9th Ave.): 542 l.f. (1 tree / 20 l.f.)95% OF SHRUBS SHALL BE BUTTERFLY-ATTRACTIVE485DESCRIPTIONQUAN.SYMBOLPROPOSED MATERIALSHRUBS AND GROUNDCOVERSDESCRIPTIONQUAN.SYMBOLPROPOSED MATERIALTREESLANDSCAPE LIST - SOUTH PARCELST. AUGUSTINE GRASSStenotaphrum secundatum 'Floratam'SOLID EVEN SODLAWNAsRequired3014' HT. X 6' SPR. 4" DBH.F.G. 11194F.G., "CHARACTER" SPECIMENGUMBO LIMBO*Bursera simaruba14' HT. X 6' SPR. 4" DBH.14' HT. X 6' SPR. 4" DBH.*Coccoloba diversifloraPIGEON PLUMF.G. Tabebuia heterophylla PINK TRUMPET TREE 10' HT. X 5 SPR., 2" DBH.F.G.20Aechmea blanchettiana36" HT. X 24" SPR. ABBRIGHT YELLOW BROMELIAD10" POT 9CV73DE1200FM210IT72JV153MC112PV155SVCodieaum variegatum 'Mammey' RED - YELLOW CROTON3 GAL.18" HT. X 18" SPR. / 18" O.C.3 GAL.18" HT. X 18" SPR. / 18" O.C. Duranta erecta 'Gold Mound'GOLD MOUND DURANTAFicus microcarpa 'Green Island'GREEN ISLAND FICUS3 GAL.15" HT. X 15" SPR. / 18" O.C. DWARF IXORAIxora taiwanese 'Dwarf'18" HT. X 18" SPR. / 18" O.C.3 GAL.* DENOTES NATIVE SPECIES24" HT. X 24" SPR. / 24" O.C.Jasmine volubileWAX JASMINE3 GAL.3 GAL.24" HT. X 24" SPR. / 30" O.C. *Muhlenbergia capillarisPINK MUHLY GRASSSchefflera arboricola 'Trinette'VARIEGATED SCHEFFLERA3 GAL.18" HT. X 18" SPR. / 18" O.C. 64113113610' HT. X 4' SPR. 2" DBH.*Conocarpus erectus 'sericeus'SILVER BUTTONWOODF.G. 8' HT. X 8' SPR., MULTI TRUNKLigustrum japonicumJAPANESE PRIVETF.G.F.G., MATCHED HTS.ROYAL PALM*Roystonea elata24' O.A. HT. MIN.10' HT. X 5' SPR. 2" DBH.F.G.2CA427CG174CG2207CI9HA455PM7 GAL.36" HT. X 24" SPR. / 24" O.C. Podocarpus macrophyllusPODOCARPUS173SA[BUTTERFLY ATTRACTIVE]7 GAL.3' O.A. HT.PURPLE CRINUM LILYCrinum augustum 'Queen Emma'*Clusia guttiferaSMALL LEAF CLUSIA3 GAL.24" HT. X 24" SPR. / 24" O.C. *Clusia guttiferaSMALL LEAF CLUSIA7 GAL.36" HT. X 24" SPR. / 24" O.C. *Chrysobalanus icaco 'Red Tip'RED TIP COCOPLUM3 GAL.18" HT. X 18" SPR. / 18" O.C. Hibiscus 'Anderson Crepe'ANDERSON CREPE HIBISCUS15 GAL.6' HT. O.A., STANDARD PITTOSPORUM VARIEGATAPittosporum tobira 'Variegata'3 GAL.18" HT. X 18" SPR. / 18" O.C. GREEN SCHEFFLERASchefflera arboricola24" HT. X 24" SPR. / 24" O.C.3 GAL.Ptychosperma elegans 'single'20' O.A. HT., SINGLEF.G.SINGLE ALEXANDER PALMS5LIVE OAK "HIGH RISE"*Quercus virginiana 'High Rise'*Eugenia foetidaSPANISH STOPPER12' HT. X 4' SPR., MULTI TRUNKF.G.Jacaranda mimosifoliaJACARANDA TREE14' HT. X 6' SPR. 4" DBH.F.G. Fillicium decipiens JAPANESE FERN TREE 47AC25HP404PLAsclepias curassavicaMILKWEED3 GAL.24" HT. X 24" SPR. / 24" O.C.[BUTTERFLY ATTRACTIVE][BUTTERFLY ATTRACTIVE]24" HT. X 24" SPR. / 24" O.C.Hamelia patens 'compact'DWARF FIREBUSH3 GAL.[BUTTERFLY ATTRACTIVE]DWARF PENTASPentas lanceolata "New Look White"1 GAL.12" HT. X 12" SPR. / 12" O.C. 2F.G., STAGGERED.DOUBLE MONTGOMERY PALMVeitchia montgomeryana 'double'20' O.A. HT. MIN., DOUBLENORTHSHEET INDEX:L-1 INDEXL-2 LANDSCAPE PLANL-3 LANDSCAPE DETAILSScale: 1" = 40'-0"KEY PLANDrawing: IndexDate: 06/17/2020Scale: See LeftDrawn by: LDCSheet No.:Cad Id.: 2020-021WELLS LANDING - SOUTH BOYNTON BEACH, FL INDEX 307 south 21st avenue hollywood, florida phone: 954.923.9681 facsimile: 954.923.9689 www.witkindesign.com©2020 WITKIN HULTS + PARTNERSTHE DESIGN AND DRAWINGS HEREIN ARE THEINTELLECTUAL PROPERTY OF THISLANDSCAPE ARCHITECT AND ARE PROTECTEDUNDER THE COPYRIGHT PROTECTION ACTL-2SEE NORTH PARCELLANDSCAPE PLANSFOR LANDSCAPE INTHIS AREAIRRIGATION NOTE: 100% IRRIGATIONCOVERAGE WILL BE PROVIDED ATTIME OF PERMITTINGSABAL PALMS (IF APPLICABLE) ARETO BE INSTALLED WITH FRONDSCUT AT 10-2, NOT HURRICANE CUTALL PALMS OVER 12' C.T. SHALLHAVE SQUARE ROOTBALLS AND4"x4" BRACESALL PALMS OVER 12' C.T. SHALLHAVE SQUARE ROOTBALLS AND4"x4" BRACESALL TREES AND PALMS SHALL BEFLORIDA GRADE 1 AT TIME OFPLANTING. ANY PRUNING SHALL BEDETERMINED BY THE LANDSCAPEARCHITECT AND/OR AN ARBORISTFIRE DEPARTMENT ACCESS ROADSSHALL HAVE AN UNOBSTRUCTEDVERTICAL CLEARANCE OF NOTLESS THAN 14' NFPAIF APPLICABLE, SAFETY CAPS SHALLBE INSTALLED ON ALL #5 REBAR USEDFOR TREE BRACING11 1221 EAST MARTIN LUTHER KING JR. BLVD.NE 9th AVENUELAWNLAWNLAWN 4-STORYBUILDINGLAWN 20'-0" O.C.,TYP.5 BEDS14LAWN LAWN LAWN LAWNLAWNLAWNLAWN20'-0" O.C., TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.FM25CG18HA2JV15PM136DE43DE30JV15HA2CG18FM15CG12PV12PV12FM50SV25CA1MC8CV3IT20FM47FM47IT20MC8CV3AC22PL90PL37PL75PM60PM93PL75SA82FM60IT55MC10CV3IT20FM45SA45AC25PL110PL17HP20CI40SV100CI68EXISTING TREE TO REMAIN, TYP.(SEE SOUTH PARCEL DISPOSITIONPLANS FOR DETAILS)20'-0" O.C.,TYP.15'-0"15'-0"15'-0"15'-0"SIGHT-TRIANGLE, TYP. (ANYLANDSCAPE WITHIN SHALL BEMAINTAINED AT 18" HT. MAX.)15'-0"15'-0"15'-0"15'-0"SIGHT-TRIANGLE, TYP. (ANYLANDSCAPE WITHIN SHALL BEMAINTAINED AT 18" HT. MAX.)LANDSCAPE WITHIN SHALL BEMAINTAINED AT 18" HT. MAX.)2'-0" PARKINGOVERHANG, TYP.MC70FM25SV17AB2PM1662'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.20'-0" O.C.,TYP.SA20FM125HA3IT95SA26FLEXIPAVE,TYP.PASSIVERECREATIONAREALAWN20'-0"EMERGENCYFIRE ACCESS4-STORYBUILDING15 BEDS LAWNBENCH, TYP.LAWNBENCH, TYP.LAWN, TYP.FM75CG19FM25FM18CG7FM42PV12CG30CG210FM65FM25CG19CI22PV12CI52FM83CG30CG7FM6PV20FM12CI10CG12FM6CG24MC7AB2PV20FM6PV12CI5CG5FM6CG24MC7AB2FM6CG6CG21FM6AB2MC10FM6CG21FM6AB2MC10FM6FM12CI10CG6CG5FM81'-0"4'-0"4'-0"SEE "LARGE TREE PLANTINGDETAIL" ON SHEET L-3 FORBRACING DETAILSFM408 BEDSCG2164FM53FM85AB2JV15HA2FM38CG27PV4CG39JV7CA1LAWN MC23JV20AB4CG33HP5FM22FM13SV13FM5CG12PV4CG5FM6PV4CG27FM25AB2AB2FM25FM30NORTHScale: 1" = 20'-0"LANDSCAPE PLANDrawing: Landscape PlanDate: 06/17/2020Scale: See LeftDrawn by: LDCSheet No.:Cad Id.: 2020-021WELLS LANDING - SOUTH BOYNTON BEACH, FL LANDSCAPE PLAN 307 south 21st avenue hollywood, florida phone: 954.923.9681 facsimile: 954.923.9689 www.witkindesign.com©2020 WITKIN HULTS + PARTNERSTHE DESIGN AND DRAWINGS HEREIN ARE THEINTELLECTUAL PROPERTY OF THISLANDSCAPE ARCHITECT AND ARE PROTECTEDUNDER THE COPYRIGHT PROTECTION ACTSEE NORTH PARCEL LANDSCAPE PLANS 11222 74-2018No. Description DateAA26001731123456EDCBA123456EDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLOFL AR0008440□ BRIAN P. HERBERTFL AR0015474MARTIN LUTHERKINGCOMMUNITYSOUTHBOYNTON BEACH, FL 33435PRIOR TO SUBMITTING THE BID, THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS AND INFORM THE ARCHITECT ANDTHE ENGINEER OF ANY DISCREPANCY BETWEEN THESE DOCUMENTS AND THE EXISTING CONDITIONS AND SHALL INCLUDE IN THE BID TOCORRECT THE SAME AS DIRECTED. THE ENGINEERS ARE NOT RESPONSIBLE FOR ANY ADDITIONAL COSTS RESULTING FROM VERIFIABLEEXISTING CONDITIONS DISCOVERED AFTER CONTRACT HAS BEEN AWARDED. NO CHANGES SHALL BE MADE TO THESE PLANS WITHOUTPRIOR APPROVAL FROM THE ENGINEER OF RECORD. ALL CHANGES SHALL BE SUBMITTED FOR REVIEW PRIOR TO INSTALLATION. NOT FOR BID UNTIL PERMIT HAS BEEN ISSUED.3601 NW 2ND AVEBOCA RATON, FL 33431CERTIFICATION OFAUTHORIZATIONNO. 31989elec dept.TEL:954-644-9612mech dept.TEL:561-716-7120PM:SK1DART COMMENTS2020-09-09SITE PHOTOMETRICSPLANSOUTHEPH-101S1' = 30'-0"0 10' 20' 40'Luminaire ScheduleSymbolQtyLabelArrangementLLFDescription8WSINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMF / Wall Mount5SBD1800.900Cree Lighting OSQ-A-NM-5ME-B-30K-UL-XX, 2@180°9SASINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMFCalculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinParking LotIlluminanceFc2.966.11.02.966.10SpillIlluminanceFc0.060.30.0N.A.N.A.1223 Know what'sR1224 1225 1226 1227 East Building Looking South from MLK Jr. Blvd1228 East Building Looking North to MLK Jr. Blvd1229 East Building Kitchen1230 East Building Looking South to Parking Lot1231 North Building Looking North from MLK Jr. Blvd1232 North Building Looking South to MLK Jr. Blvd1233 North Building Kitchen1234 North Building Interior 1235 North Building Looking North to Parking Lot1236 West Building Looking South from MLK Jr. Blvd1237 West Building Looking West to Seacrest Blvd1238 West Building Interior Kitchen1239 West Building Looking East from Parking Lot1240